Death_Penalty_2005_nowy.qxd 2005-09-08 17:00 Page 34 THE DEATH PENALTY IN THE OSCE AREA 3.8 THE UNITED STATES OF AMERICA RELEVANT INTERNATIONAL INSTRUMENTS International Instruments Ratification Status110 ICCPR R Second Optional Protocol to the ICCPR – CRC S American Convention on Human Rights S Status: retentionist LEGAL FRAMEWORK The death penalty is retained at the federal level and in 38 of the 50 states.111 The states that have abolished the death penalty are Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, and Wisconsin, as well as the District of Columbia. The United States Code identifies 42 crimes (38 homicide and four non-homicide) for which the death penalty may be used. The crimes that carry the death penalty differ from state to state, although all states envisage the death penalty for murder.112 The Uniform Code of Military Justice allows for the death penalty as a possible punishment for 15 offences, many of which must occur during a time of war. On 24 June 2004, New York’s highest court, the Court of Appeals, held that the central provision of the state’s law on capital punishment violated the state 110 111 112 R = ratified, S = signed, a dash (-) indicates that the participating State has neither signed nor ratified the relevant instrument. The death penalty is also retained in military law for 15 crimes. A complete list of capital crimes can be found at www.deathpenaltyinfo.org. 34