50 years after US death penalty's return: does the system work as intended?

Half a century ago, the US Supreme Court's 1976 ruling in Gregg v Georgia reinstated the death penalty, aiming to fix the arbitrariness and racial discrimination that had led to its abolition in 1972. However, an analysis by the Marshall Project of over 9,000 death sentences since then reveals that the system remains deeply flawed.

Key findings show that fewer than one in five death row inmates have been executed. The average wait on death row last year was almost 27 years, up from just 12 years three decades ago. Many sentenced to death die from other causes, including suicide or homicide while incarcerated.

Racial disparities persist: Black individuals are overrepresented on death rows. The likelihood of receiving a death sentence depends more on where the crime was committed than the crime itself. Over a third of death sentences have been overturned, often due to prosecutorial misconduct, inadequate legal representation, or racism during trials.

Political factors also affect execution rates. Some governors, like Gavin Newsom in California and Josh Shapiro in Pennsylvania, have halted executions without commuting sentences, leaving over 700 inmates in limbo. In contrast, governors like Ron DeSantis of Florida and Greg Abbott of Texas prioritize executions, seeking new drug suppliers or alternative methods such as firing squads.

Support for the death penalty has declined to about 50% in polls. Pharmaceutical companies now refuse to supply drugs for lethal injections, further complicating executions. Former President Joe Biden commuted 37 federal death sentences before leaving office, though he spared three high-profile mass shooters.

Despite calls from Donald Trump to revive capital punishment, juries are imposing fewer death sentences. The system's enduring problems—racial bias, arbitrary outcomes, lengthy delays, and the risk of executing the innocent—remain unresolved.