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Death row

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Death row, also known as condemned row, is a place in a prison that houses inmates awaiting execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of awaiting execution ("being on death row"), even in places where no special facility or separate unit for condemned inmates exists. In the United States, after an individual is found guilty of a capital offense in states where execution is a legal penalty, the judge will give the jury the option of imposing a death sentence or life imprisonment unparoled. It is then up to the jury to decide whether to give the death sentence; this usually has to be a unanimous decision. If the jury agrees on death, the defendant will remain on death row during appeal and habeas corpus procedures, which may continue for several decades.

Opponents of capital punishment claim that a prisoner's isolation and uncertainty over their fate constitute a form of psychological abuse and that especially long-time death row inmates are prone to develop a mental disorder, if they do not already suffer from such a condition. This is referred to as the death row phenomenon. Estimates reveal that five to ten percent of all inmates on death row suffer from mental illness.[1] Some inmates may attempt suicide. There have been some calls for a ban on the imposition of the death penalty for inmates with mental illness[2] and also case law such as Atkins v. Virginia to further this. Executions still take place for those with clear intellectual disabilities due to poor legal representation and high standards of proof.[3]

Etymology

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In 1933, Giuseppe Zangara attempted to kill Franklin D. Roosevelt. However, he missed the then president-elect and instead killed Chicago Mayor Anton Cermak. He was convicted of Cermak's murder and sentenced to death. Due to Florida law, an inmate could not be housed in a cell with an inmate who was awaiting execution so a prisoner awaiting execution was to be held in a separate waiting cell. Raiford Prison, where Zangara was being held, already had one prisoner waiting in their "death cell" so the waiting area was expanded to a row of cells, becoming a "Death Row".[4]

United States

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The absolute number of people on death row, in 2024, per US State as of September 12, 2024
United States Penitentiary, Terre Haute houses most male death row prisoners sentenced by the U.S. federal government.
Allan B. Polunsky Unit houses the male death row prisoners sentenced by the U.S. state of Texas.
Louisiana State Penitentiary, which houses the male death row prisoners sentenced by the State of Louisiana
The Mississippi State Penitentiary, which houses male death row prisoners sentenced by the State of Mississippi
Oklahoma State Penitentiary, which houses male death row prisoners sentenced by the state of Oklahoma

In the United States, prisoners may wait many years before execution can be carried out due to the complex and time-consuming appeals procedures mandated in the jurisdiction. The time between sentencing and execution increased relatively steadily between 1977 and 2010, including a 21% jump between 1989 and 1990 and a similar jump between 2008 and 2009. In 2010, a death row inmate waited an average of 178 months (14 years and 10 months) between sentencing and execution.[5] Nearly a quarter of inmates on death row in the U.S. die of natural causes while awaiting execution.[6]

There were 2,721 people on death row in the United States on October 1, 2018.[7] Since 1977, the states of Texas (464), Virginia (108) and Oklahoma (94) have executed the most death row inmates.[5] As of 2010, California (683), Florida (390), Texas (330) and Pennsylvania (218) housed more than half of all inmates pending on death row. Gary Alvord arrived on Florida's death row in 1974 and died 39 years later on May 19, 2013, from a brain tumor, having spent more time on death row than any American.[8] Brandon Astor Jones spent 36 years on death row (with a brief period in the general prison population during his re-sentencing trial) before being executed for felony murder by the state of Georgia in 2016, at the age of 72.[9] The oldest prisoner on death row in the United States was Leroy Nash, age 94, in Arizona. He died of natural causes on February 12, 2010.[10]

Death row locations

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Federal Men's death row Women's death row
Civilian Majority: United States Penitentiary, Terre Haute, Indiana

ADX Florence, Fremont County, Colorado (Timothy McVeigh, Joseph Edward Duncan, Kaboni Savage, Dzhokhar Tsarnaev)

MCFP Springfield, Missouri[11] (Marvin Charles Gabrion)

Federal Medical Center, Carswell, Fort Worth, Texas[12][13][14]
Military United States Disciplinary Barracks, Fort Leavenworth, Kansas Naval Consolidated Brig, Miramar, San Diego, California[A]
State Men's death row Women's death row
Alabama Holman Correctional Facility, Atmore[15] and William E. Donaldson Correctional Facility, Jefferson County[16] Julia Tutwiler Prison for Women, Wetumpka[17]
Arizona Arizona State Prison Complex - Eyman, Florence and Arizona State Prison Complex – Florence, Florence[18] Arizona State Prison Complex - Perryville, Goodyear[18]
Arkansas Varner Unit, Lincoln County[19] McPherson Unit, Newport[20]
California San Quentin State Prison, Marin County[21] (formerly), now housed in general population at institutions throughout the state[22] Central California Women's Facility, Chowchilla,[21] now housed in general population[22]
Florida Union Correctional Institution, Union County and Florida State Prison, Bradford County[23] Lowell Correctional Institution Annex, Marion County[23]
Georgia Georgia Diagnostic and Classification Prison, Butts County[24] Arrendale State Prison, Habersham County[25]
Idaho Idaho Maximum Security Institution, Ada County Pocatello Women's Correctional Center, Pocatello
Indiana Indiana State Prison, Michigan City Indiana Women's Prison, Indianapolis
Kansas El Dorado Correctional Facility, El Dorado Topeka Correctional Facility, Topeka
Kentucky Kentucky State Penitentiary, Eddyville[26] Kentucky Correctional Institute for Women, Shelby County[27]
Louisiana Louisiana State Penitentiary, West Feliciana Parish[28] Louisiana Correctional Institute for Women, St. Gabriel[29]
Mississippi Mississippi State Penitentiary, Sunflower County[30] Central Mississippi Correctional Facility, Rankin County[30]
Missouri Potosi Correctional Center, Washington County[31] Women's Eastern Reception, Diagnostic and Correctional Center, Vandalia[citation needed]
Montana Montana State Prison, Powell County Montana Women's Prison, Billings
Nebraska Tecumseh State Correctional Institution, Johnson County Nebraska Correctional Center for Women, York County
Nevada Ely State Prison, White Pine County[32] Florence McClure Women's Correctional Center, North Las Vegas[33]
New Hampshire New Hampshire State Prison for Men, Concord New Hampshire State Prison for Women, Goffstown
New Mexico Penitentiary of New Mexico, Santa Fe County Northwest New Mexico Correctional Facility, Grants
North Carolina Central Prison, Raleigh[34] North Carolina Correctional Institution for Women, Raleigh[34]
Ohio Ross Correctional Institution, Ross County;[35] Ohio State Penitentiary, Youngstown;[36] and Franklin Medical Center, Columbus[36] Ohio Reformatory for Women, Marysville[36]
Oklahoma Oklahoma State Penitentiary, McAlester Mabel Bassett Correctional Center, McLoud
Oregon Oregon State Penitentiary, Salem[37] Coffee Creek Correctional Facility, Wilsonville[37]
Pennsylvania SCI-Somerset, Somerset Township[38]
and SCI-Phoenix, Skippack Township[39]
SCI-Muncy, Clinton Township[39]
South Carolina Broad River Correctional Institution, Columbia[40] Camille Griffin Graham Correctional Institution, Columbia[41]
South Dakota South Dakota State Penitentiary, Sioux Falls South Dakota Women's Prison, Pierre
Tennessee Riverbend Maximum Security Institution, Nashville[42] Tennessee Prison for Women, Nashville[42]
Texas Polunsky Unit, West Livingston and Wayne Scott Unit (formerly Jester IV Unit), Fort Bend County[43][44] Patrick O'Daniel Unit (formerly Mountain View Unit), Gatesville[44]
Utah Utah State Correctional Facility, Salt Lake City Central Utah Correctional Facility, Gunnison
Wyoming Wyoming State Penitentiary, Rawlins Wyoming Women's Center, Lusk

Notes:

  1. ^ Naval Consolidated Brig, Miramar is the only facility in the United States Department of Defense designated to house female Level III inmates.

European criticism of death row

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Nearly all European countries have abolished capital punishment.[45] As of 2021, Belarus remains the only European country to use the death penalty.[46]

Around 70% of the world's countries have abolished capital punishment.[47] These countries are frequently concerned with their citizens in the United States criminal system.[47] There have even been instances of other countries citing human rights laws against the United States, or refusing to extradite incriminating material, in fear of their citizens being put on death row.[47]

On November 9, 2020, the United States received persistent criticism on its use of capital punishment during a United Nations review of its human rights record.[48] Many allies of the United States urged that the U.S. cease executions.[48] France urged the US halt executions, Germany suggested a federal moratorium on and eventual abolition, Austria called for immediate cessation of executions and then abolition, and Australia, the Netherlands, and Switzerland all called for abolition entirely.[48]

Other countries

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According to Amnesty International, Saudi Arabia, Iraq, and Iran were responsible for most known executions worldwide in 2020.[a][49] When the United Kingdom had capital punishment, there were generally no 'death rows'. The condemned were however separated from the general prison population in one of two 'condemned cells' located adjacent to the execution chamber. Sentenced inmates were given one appeal. If that appeal was found to involve an important point of law it was taken up to the House of Lords, and if the appeal was successful, at that point the sentence was changed to life imprisonment.[50] The Home Secretary had the power to exercise the Sovereign's royal prerogative of mercy to grant a reprieve on execution and change the sentence to life imprisonment. Essentially the speedy process from conviction to execution, re-sentencing or reprieve meant that there were low numbers, (if any) prisoners under sentence of death at any one time and so there was no need for a 'death row'. Assistant executioner Syd Dernley used the term "death row" in his 1990 memoir The Hangman's Tale to refer to the situation at Wandsworth Prison in April 1951 where, as only up to two persons could be hanged at one time, the execution of murderer James Virrels had to await the prior double execution of murderers/robbers Joseph Brown and Edward Smith a day earlier, before going ahead on April 26.[51]

In some Caribbean countries that still authorize execution, the Judicial Committee of the Privy Council is the ultimate court of appeals. It has upheld appeals by prisoners who have spent several years under sentence of death, stating that it does not desire to see the death row phenomenon emerge in countries under its jurisdiction.[citation needed]

Condemn cells

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A condemn cell, also known as a death row cell, is a designated room within a prison where individuals who have been sentenced to death as a legal punishment are held until their execution. This specialized cell is a temporary holding area specifically designed for individuals awaiting capital punishment.[52][53][54]

A special condemn cell at Cellular Jail, Port Blair, India

Condemn cells are constructed with a focus on security and isolation. The room is typically designed to limit access and maintain strict control over the condemned individual. Furnishings and amenities in these cells are often minimal, as they are not intended for long-term incarceration but rather for the purpose of facilitating the impending execution. Typically, a condemn cell can house between one and three inmates.[55]

Bangladesh

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Bangladesh has witnessed significant controversy surrounding the use of condemn cells in relation to capital punishment. The issue has sparked debates on various aspects, including human rights, the efficacy of the death penalty, and the treatment of individuals awaiting execution.[56][57] Several Bangladeshi prisons house inmates on trial in condemn cells, which is met with severe criticism.[58] There have been instances where acquitted people have been confined in condemn cells, for multiple years.[59][60][61]

See also

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Notes

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  1. ^ The organization notes their report does not include the thousands of executions it believes occur in China, where capital punishment data is classified as a state secret.

References

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  1. ^ J. Wilson, Richard (2016). "The Death Penalty and Mental Illness in International Human Rights Law: Toward Abolition". Washington and Lee Law Review. 73 (3): 1470. Retrieved February 17, 2021.
  2. ^ "Mental Illness". Death Penalty Information Centre. Retrieved February 17, 2021.
  3. ^ "Intellectual Disability". Death Penalty Information Centre. Retrieved May 6, 2021.
  4. ^ Oliver, Willard; Marion, Nancy (2010). Killing the President: Assassinations, Attempts, and Rumored Attempts on U.S. Commanders in Chief. Westport, California: Praeger Publishing. p. 96. ISBN 978-0313364747. OCLC 733346450.
  5. ^ a b "Department of Justice: Capital Punishment, 2010 Figures". Journalist's Resource.org. January 4, 2012.
  6. ^ "United States Department of Justice". usdoj.gov. Archived from the original on August 21, 2007. Retrieved August 21, 2007.
  7. ^ "DEATH PENALTY INFORMATION CENTER : Facts about the Death Penalty" (PDF). Deathpenaltyinfo.org. Archived from the original (PDF) on May 9, 2009. Retrieved March 2, 2022.
  8. ^ "A man too crazy to be executed". Tampa Bay Times.
  9. ^ "Facing Execution at 72, Georgia's Oldest Death Row Inmate Exposes Death Penalty's Racist Roots". Theintercept.com. January 31, 2016.
  10. ^ "BBC News - Oldest US death row inmate dies aged 94". news.bbc.co.uk. February 14, 2010. Retrieved November 1, 2016.
  11. ^ "Special Confinement Unit Opens at USP Terre Haute Archived 2010-12-03 at the Wayback Machine." Federal Bureau of Prisons. July 13, 1999. Retrieved on October 3, 2010.
  12. ^ Marshall, John. "Lisa Montgomery gets death penalty for killing pregnant woman Archived 2013-11-05 at the Wayback Machine." Associated Press at the Southeast Missourian. Friday April 4, 2008. Retrieved on October 3, 2010. "Department of Justice spokesman Don Ledford said Montgomery will likely be sent to the Federal Medical Center Carswell in Fort Worth, Texas, a women's correctional facility that has medical services for inmates."
  13. ^ "Lisa M Montgomery Archived 2013-10-10 at the Wayback Machine." Federal Bureau of Prisons. Retrieved on October 3, 2010.
  14. ^ "Angela Johnson Archived 2013-10-10 at the Wayback Machine." Federal Bureau of Prisons. Retrieved on October 14, 2010.
  15. ^ "Annual Report Fiscal Year 2003." (Archive) Alabama Department of Corrections. 33/84. Retrieved on August 15, 2010. "which also included a cellblock for 20 death row inmates."
  16. ^ "Annual Report Fiscal Year 2003." (Archive) Alabama Department of Corrections. 21/84. Retrieved on August 15, 2010. "Donaldson has a death row unit with a capacity of 24 inmates."
  17. ^ "Annual Report Fiscal Year 2003." (Archive) Alabama Department of Corrections. 45/84. Retrieved on August 15, 2010. "Tutwiler also has a death row,"
  18. ^ a b "Death Row Information." Arizona Department of Corrections. Retrieved on March 16, 2023.
  19. ^ "State Capitol Week in Review." State of Arkansas. June 13, 2008. Retrieved on August 15, 2010. "Executions are carried out in the Cummins Unit, which is adjacent to Varner."
  20. ^ Haddigan, Michael. "They Kill Women, Don't They?" Arkansas Times. April 9, 1999. Retrieved on August 15, 2010.
  21. ^ a b "History of Capital Punishment in California Archived July 24, 2010, at the Wayback Machine." California Department of Corrections. Retrieved on August 16, 2010. "All male prisoners on condemned status are housed at a maximum-security custody level in three units at San Quentin State Prison. Females are housed in a maximum-security unit at Central California Women's Facility in Chowchilla."
  22. ^ a b "Condemned Inmate Transfer Program". Capital Punishment. California Department of Corrections and Rehabilitation. August 6, 2024. Retrieved August 6, 2024.
  23. ^ a b "Death Row." Florida Department of Corrections. Retrieved on December 30, 2020.
  24. ^ "Georgia Diagnostic and Classification Prison Archived 2010-04-23 at the Wayback Machine." Georgia Department of Corrections. Retrieved on July 18, 2010.
  25. ^ "Inmates Under Death Sentence January 1, 2012 Changes to UDS Population During 2011." (Archive) Georgia Department of Corrections. Retrieved on November 18, 2012.
  26. ^ Barrouquere, Brett. "Inmate challenges sedatives used in lethal injections Wilson also claims state doesn't provide enough information to inmates." The Harlan Daily Enterprise. November 24, 2007. Retrieved on September 8, 2010.
  27. ^ "Kentucky State Penitentiary Prepares For 165th Execution." WLKY. Retrieved on September 8, 2010.
  28. ^ "Life After Death Row." CBS News. April 25, 2010. Retrieved on August 16, 2010. "Rideau was sent to Louisiana's Angola Prison, where he spent a decade waiting to be executed."
  29. ^ "Louisiana Correctional Institute for Women Archived 2010-09-24 at the Wayback Machine." Louisiana Department of Public Safety and Corrections. Retrieved on August 16, 2010.
  30. ^ a b "Division of Institutions State Prisons Archived 2002-12-06 at the Wayback Machine." Mississippi Department of Corrections. April 21, 2010. Retrieved on May 21, 2010.
  31. ^ Lombardi, George, Richard D. Sluder, and Donald Wallace. "The Management of Death-Sentenced Inmates: Issues, Realities, and Innovative Strategies Archived 2010-05-27 at the Wayback Machine." Missouri Department of Corrections. 8-9. Retrieved on September 18, 2010.
  32. ^ "Organization." Nevada Department of Corrections. Retrieved on September 5, 2010.
  33. ^ "Lone woman on Nevada's death row dies in prison ." Associated Press at North County Times. January 31, 2005. Retrieved on September 5, 2010.
  34. ^ a b "Death Row and Death Watch Archived 2003-12-20 at the Wayback Machine." North Carolina Department of Correction. Retrieved on September 1, 2010.
  35. ^ "Death row to move from Chillicothe Correctional to Ross Correctional Institution". USA Today Network. Chillicothe Gazette.
  36. ^ a b c "CCI death row receives final inmates Archived 2015-07-14 at the Wayback Machine." Chillicothe Gazette. Retrieved on February 2, 2012.
  37. ^ a b "Capital Punishment in Oregon Archived 2014-07-16 at the Wayback Machine." Oregon Department of Corrections. Retrieved on December 28, 2012.
  38. ^ Wojcik, Baylee. "44 death row inmates now being housed at SCI Somerset". WJAC-TV.
  39. ^ a b "Death Penalty FAQ." Pennsylvania Department of Corrections. 2 (2/4). Retrieved on July 26, 2010.
  40. ^ "Death Row/Capital Punishment Archived 2010-10-07 at the Wayback Machine." South Carolina Department of Corrections. Retrieved on July 8, 2018.
  41. ^ "Graham (Camille Griffin) Correctional Institution Archived 2010-10-13 at the Wayback Machine." South Carolina Department of Corrections. Retrieved on August 17, 2010. "The institution also functions as a major special management unit with the ability to house female death row inmates and county safekeepers."
  42. ^ a b "Death Row Facts." Tennessee Department of Correction. Retrieved on October 25, 2023.
  43. ^ "West Livingston CDP, Texas Archived June 6, 2011, at the Wayback Machine." U.S. Census Bureau. Retrieved on May 9, 2010.
  44. ^ a b "Death Row Facts Archived August 6, 2009, at the Wayback Machine." Texas Department of Criminal Justice. Retrieved on August 15, 2010.
  45. ^ "Opinion | Europe's View of the Death Penalty (Published 2001)". The New York Times. May 13, 2001. ISSN 0362-4331. Retrieved November 30, 2020.
  46. ^ "Belarus: The secret executions in Europe's 'last dictatorship'". BBC News. May 14, 2018. Retrieved February 7, 2022.
  47. ^ a b c "International". Death Penalty Information Center. Retrieved November 19, 2020.
  48. ^ a b c "US capital punishment criticised by UN Human Rights Council during human rights review". Death Penalty Information Center. Retrieved November 19, 2020.
  49. ^ "Infographic: Which countries still have the death penalty?". Aljazeera.com. Retrieved February 7, 2022.
  50. ^ "History of Capital Punishment". Stephen-stratford.co.uk. Archived from the original on August 8, 2010. Retrieved March 2, 2022.
  51. ^ Dernley & Newman The Hangman's Tale: Memoirs of a Public Executioner, Trans-Atlantic Publications, 1990 ISBN 0-330-31633-8 (page 151)
  52. ^ condemned-cell noun – Definition, pictures, pronunciation and usage notes | Oxford Advanced Learner's Dictionary at OxfordLearnersDictionaries.com
  53. ^ Condemn cell | Cambridge Advanced Learner's Dictionary
  54. ^ Condemned cell definition and meaning | Collins English Dictionary (collinsdictionary.com)
  55. ^ Islam, Nazrul (October 2, 2020). "49 women including Ayesha in condemned cells". Prothom Alo. Retrieved July 5, 2023.
  56. ^ "Why keeping convicts in condemned cells before the final verdict ought not to be illegal: HC". The Business Standard. April 5, 2022. Retrieved July 5, 2023.
  57. ^ "Living death in condemn cells". The Independent. Dhaka. Retrieved July 5, 2023.
  58. ^ "Why inmates on trial in condemned cell". The Daily Star. April 6, 2022. Retrieved July 5, 2023.
  59. ^ "HC orders judicial inquiry: 7 years in condemn cell despite acquittal". Dhaka Tribune. August 7, 2022. Retrieved July 5, 2023.
  60. ^ "HC seeks plea on accused in condemn cell for 7yrs despite acquittal – Miscellaneous". The Daily Observer. Retrieved July 5, 2023.
  61. ^ "HC orders judicial inquiry into Ctg man's 7 years in condemn cell despite acquittal". Daily Sun. August 2022. Retrieved July 5, 2023.
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