Death row explained

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 without the possibility of parole. 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

In 1933, Giuseppe Zangara attempted to kill then President-elect Franklin D. Roosevelt but injured and 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

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 (roughly 15 years) 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], 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

FederalMen's death rowWomen's death row
CivilianMajority: United States Penitentiary, Terre Haute, IndianaADX 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]
MilitaryUnited States Disciplinary Barracks, Fort Leavenworth, KansasNaval Consolidated Brig, Miramar, San Diego, California
StateMen's death rowWomen's death row
AlabamaHolman Correctional Facility, Atmore[15] and William E. Donaldson Correctional Facility, Bessemer[16] Julia Tutwiler Prison for Women, Wetumpka[17]
ArizonaArizona State Prison Complex - Eyman, Florence, Arizona and Arizona State Prison Complex – Florence, Florence, Arizona[18] Arizona State Prison Complex - Perryville, Goodyear
ArkansasVarner Unit, Varner[19] McPherson Unit, Newport[20]
CaliforniaSan Quentin State Prison, San Quentin[21] (formerly), now housed in general population at institutions throughout the state[22] Central California Women's Facility, Chowchilla, now housed in general population
FloridaUnion Correctional Institution, Union County and Florida State Prison, Bradford County[23] Lowell Correctional Institution Annex, Marion County
GeorgiaGeorgia Diagnostic and Classification Prison, Butts County[24] Arrendale State Prison, Habersham County[25]
IdahoIdaho Maximum Security Institution, KunaPocatello Women's Correctional Center, Pocatello
IndianaIndiana State Prison, Michigan CityIndiana Women's Prison, Indianapolis
KansasEl Dorado Correctional Facility, El DoradoTopeka Correctional Facility, Topeka
KentuckyKentucky State Penitentiary, Eddyville[26] Kentucky Correctional Institute for Women, Shelby County[27]
LouisianaLouisiana State Penitentiary, West Feliciana Parish[28] Louisiana Correctional Institute for Women, St. Gabriel[29]
MississippiMississippi State Penitentiary, Sunflower County[30] Central Mississippi Correctional Facility, Rankin County
MissouriPotosi Correctional Center, Washington County[31] Women's Eastern Reception, Diagnostic and Correctional Center, Vandalia
MontanaMontana State Prison, Deer LodgeMontana Women's Prison, Billings
NebraskaTecumseh State Correctional Institution, TecumsehNebraska Correctional Center for Women, York
NevadaEly State Prison, Ely[32] Florence McClure Women's Correctional Center, North Las Vegas[33]
New HampshireNew Hampshire State Prison for Men, ConcordNew Hampshire State Prison for Women, Goffstown
New MexicoPenitentiary of New Mexico, Santa Fe CountyNorthwest New Mexico Correctional Facility, Grants
North CarolinaCentral Prison, Raleigh[34] North Carolina Correctional Institution for Women, Raleigh
OhioChillicothe Correctional Institution, Ross County;[35] Ohio State Penitentiary, Youngstown; and Franklin Medical Center, ColumbusOhio Reformatory for Women, Marysville
OklahomaOklahoma State Penitentiary, McAlesterMabel Bassett Correctional Center, McLoud, Oklahoma
OregonOregon State Penitentiary, Salem[36] Coffee Creek Correctional Facility, Wilsonville
PennsylvaniaSCI-Greene, Franklin Township
and SCI-Phoenix, Skippack Township[37] 		SCI-Muncy, Clinton Township
South CarolinaBroad River Correctional Institution, Columbia[38] Camille Griffin Graham Correctional Institution, Columbia[39]
South DakotaSouth Dakota State Penitentiary, Sioux FallsSouth Dakota Women's Prison, Pierre
TennesseeRiverbend Maximum Security Institution, Nashville[40] Tennessee Prison for Women, Nashville
TexasPolunsky Unit, West Livingston and Jester IV Unit, Fort Bend[41] [42] Mountain View Unit, Gatesville
UtahUtah State Correctional Facility, Salt Lake CityCentral Utah Correctional Facility, Gunnison
WyomingWyoming State Penitentiary, RawlinsWyoming Women's Center, Lusk

Notes:

European criticism of death row

Nearly all European countries have abolished capital punishment.[43] As of 2021, Belarus remains the only European country to use the death penalty.[44]

Around 70% of the world's countries have abolished capital punishment.[45] These countries are frequently concerned with their citizens in the United States criminal system.[45] 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.[45]

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. Many allies of the United States urged that the U.S. cease executions.[46] 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.[46]

Other countries

According to Amnesty International, Saudi Arabia, Iraq, and Iran were responsible for most known executions worldwide in 2020.[47] 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.[48] 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 26 April.[49]

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.

Condemn cells

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.[50] [51] [52] 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.[53]

Bangladesh

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.[54] [55] Several Bangladeshi prisons house inmates on trial in condemn cells, which is met with severe criticism.[56] There have been instances where acquitted people have been confined in condemn cells, for multiple years.[57] [58] [59]

See also

External links

Notes and References

  1. J. Wilson . Richard . The Death Penalty and Mental Illness in International Human Rights Law: Toward Abolition . Washington and Lee Law Review . 2016 . 73 . 3 . 1470 . 17 February 2021.
  2. Web site: Mental Illness . Death Penalty Information Centre . 17 February 2021.
  3. Web site: Intellectual Disability . Death Penalty Information Centre . 6 May 2021.
  4. Book: Oliver . Willard . Killing the President: Assassinations, Attempts, and Rumored Attempts on U.S. Commanders in Chief . Marion . Nancy . 2010 . . 978-0313364747 . Westport, California . 96 . 733346450.
  5. Web site: Department of Justice: Capital Punishment, 2010 Figures. 4 January 2012. Journalist's Resource.org.
  6. Web site: United States Department of Justice. usdoj.gov. 2007-08-21. https://web.archive.org/web/20070821112211/http://www.ojp.usdoj.gov/bjs/abstract/cp05.htm. 2007-08-21. dead.
  7. Web site: DEATH PENALTY INFORMATION CENTER : Facts about the Death Penalty. Deathpenaltyinfo.org. March 2, 2022.
  8. News: A man too crazy to be executed. Tampa Bay Times.
  9. Web site: Facing Execution at 72, Georgia's Oldest Death Row Inmate Exposes Death Penalty's Racist Roots. Theintercept.com. 31 January 2016.
  10. News: BBC News - Oldest US death row inmate dies aged 94. news.bbc.co.uk. 14 February 2010. 2016-11-01.
  11. "Special Confinement Unit Opens at USP Terre Haute ." Federal Bureau of Prisons. July 13, 1999. Retrieved on October 3, 2010.
  12. Marshall, John. "Lisa Montgomery gets death penalty for killing pregnant woman ." 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 ." Federal Bureau of Prisons. Retrieved on October 3, 2010.
  14. "Angela Johnson ." Federal Bureau of Prisons. Retrieved on October 14, 2010.
  15. "Annual Report Fiscal Year 2003." 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." 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." Alabama Department of Corrections. 45/84. Retrieved on August 15, 2010. "Tutwiler also has a death row,"
  18. "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. "History of Capital Punishment in California ." 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. Web site: Condemned Inmate Transfer Program. Capital Punishment. California Department of Corrections and Rehabilitation. August 6, 2024. August 6, 2024.
  23. "Death Row." Florida Department of Corrections. Retrieved on December 30, 2020.
  24. "Georgia Diagnostic and Classification Prison ." 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 ." Louisiana Department of Public Safety and Corrections. Retrieved on August 16, 2010.
  30. "Division of Institutions State Prisons ." 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 ." 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. "Death Row and Death Watch ." North Carolina Department of Correction. Retrieved on September 1, 2010.
  35. "CCI death row receives final inmates ." Chillicothe Gazette. Retrieved on February 2, 2012.
  36. "Capital Punishment in Oregon ." Oregon Department of Corrections. Retrieved on December 28, 2012.
  37. "Death Penalty FAQ." Pennsylvania Department of Corrections. 2 (2/4). Retrieved on July 26, 2010.
  38. "Death Row/Capital Punishment ." South Carolina Department of Corrections. Retrieved on July 8, 2018.
  39. "Graham (Camille Griffin) Correctional Institution ." 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."
  40. "Death Row Facts." Tennessee Department of Correction. Retrieved on October 25, 2023.
  41. "West Livingston CDP, Texas ." U.S. Census Bureau. Retrieved on May 9, 2010.
  42. "Death Row Facts ." Texas Department of Criminal Justice. Retrieved on August 15, 2010.
  43. News: 2001-05-13. Opinion Europe's View of the Death Penalty (Published 2001). en-US. The New York Times. 2020-11-30. 0362-4331.
  44. News: 2018-05-14. Belarus: The secret executions in Europe's 'last dictatorship'. en-GB. BBC News. 2022-02-07.
  45. Web site: International. 2020-11-19. Death Penalty Information Center. en-US.
  46. Web site: US capital punishment criticised by UN Human Rights Council during human rights review. 2020-11-19. Death Penalty Information Center. en-US.
  47. Web site: Infographic: Which countries still have the death penalty?. 2022-02-07. Aljazeera.com. en.
  48. Web site: History of Capital Punishment. Stephen-stratford.co.uk. 2 March 2022. 8 August 2010. https://web.archive.org/web/20100808063231/http://www.stephen-stratford.co.uk/capital_hist.htm. dead.
  49. Dernley & Newman The Hangman's Tale: Memoirs of a Public Executioner, Trans-Atlantic Publications, 1990 (page 151)
  50. https://www.oxfordlearnersdictionaries.com/definition/english/condemned-cell condemned-cell noun – Definition, pictures, pronunciation and usage notes
  51. https://dictionary.cambridge.org/dictionary/english/condemned-cell Condemn cell
  52. https://www.collinsdictionary.com/dictionary/english/condemned-cell Condemned cell definition and meaning
  53. News: Islam . Nazrul . 2020-10-02 . 49 women including Ayesha in condemned cells . 2023-07-05 . Prothom Alo.
  54. News: 2022-04-05 . Why keeping convicts in condemned cells before the final verdict ought not to be illegal: HC . 2023-07-05 . The Business Standard.
  55. News: Living death in condemn cells . 2023-07-05 . The Independent. Dhaka.
  56. News: 2022-04-06 . Why inmates on trial in condemned cell . 2023-07-05 . The Daily Star.
  57. News: 2022-08-07 . HC orders judicial inquiry: 7 years in condemn cell despite acquittal . 2023-07-05 . Dhaka Tribune.
  58. News: HC seeks plea on accused in condemn cell for 7yrs despite acquittal – Miscellaneous . 2023-07-05 . The Daily Observer.
  59. News: HC orders judicial inquiry into Ctg man's 7 years in condemn cell despite acquittal . 2023-07-05 . Daily Sun. August 2022 .

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