Looking At Capital Punishment: What To Watch For In 2005

Foreign Nationals on Death Row
International pressure on the U.S. and its use of capital punishment is beginning to focus more on foreign nationals on death row. Recently, the Supreme Court agreed to hear a case that could affect how the U.S. abides by and interprets international law. In Medellin v. Dretke, the Supreme Court must decide whether or not a Mexican national in Texas had his international rights violated when he was not allowed to contact the Mexican consulate prior to his trial. Not only does this case have ramifications for the death penalty, but also for U.S. foreign policy and international relations. The Supreme Court is expected to hear arguments in March and make a ruling in July.

State Decisions
The latter half of 2004 saw a surge of legislative action at the state level. Two states declared their death penalty statutes unconstitutional and a third state is considering a moratorium. The Kansas Supreme Court struck down its death penalty law because the Court felt the statute gave the state an unfair advantage over defendants during sentencing. Similarly, New York declared the death penalty unconstitutional because of fears that deadlocked juries may have been unintentionally coerced into voting for the death penalty (the law stated that judges can only give life sentences if a jury is deadlocked). Finally, New Jersey's acting governor Richard Codey recently endorsed a two-year moratorium on the death penalty and is attempting to set up a commission to study capital punishment. In the coming year, other states may look to these decisions when framing their own agenda.

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The most recent polls show that the public still supports the death penalty. Last December's Quinnipiac University Poll shows a 62% favorable rating for capital punishment. A recent Gallup Poll reflected a 71% approval. However, these hot topics and important legislative activity in 2005 may swing these numbers one way or the other.

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