The Death Penalty Was Fading Away — Until the Supreme Court Stepped In – By Lara Bazelon (Politico) / Jan 21, 2024
The death penalty survived decades of decline. Now it’s back, thanks to capital punishment-prone prosecutors and a compliant Supreme Court.
For years, the death penalty in the United States appeared to be on an irreversible decline, perhaps even headed to extinction. Death sentences have fallen by about 90 percent since their mid-1990s peak, when more than 300 were imposed every year. In 1999, there were almost 100 executions nationwide; in 2021, there were 11.
That downward trend is beginning to reverse. Driven by hardline prosecutors and tough-on-crime governors, the number of executions jumped 64 percent in 2022 and increased again in 2023 to a total of 24, the highest in five years.
Perhaps the most crucial player in the death penalty’s resurrection, though, is the U.S. Supreme Court, whose historic role of maintaining guardrails has given way to removing roadblocks. Under the conservative supermajority put in place by President Donald Trump, the justices are far more likely to propel an execution forward than intercede to stop it, including in cases where guilt is in doubt or where the means of carrying it out could result in a grotesque spectacle of pain and suffering.
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