Indiana has not executed anyone since 2009 and has not handed down a death sentence since 2014.
, annual death sentences have decreased by over 80% during the last 25 years, and the 18 executions in 2022 represent an 82% drop from their highest of 98 in 1999. Thirty-seven states have either abolished the death penalty or, as with Indiana, have not executed anyone in at least 10 years. A few weeks ago, Oregon’s governor
to life without the possibility of parole. Two irremovable defects of capital punishment — its arbitrary application and risk of executing the innocent — undoubtedly are fueling this decline.results in death sentences for some but not others without justification for the unevenness. Issues that should not be at play — notably race — may impact who does and does not receive a death sentence. No legal standard, procedural fix or judicial oversight eliminates capital punishment’s arbitrariness.
All criminal proceedings are subject to error. Standing alone, however, are the errors of capital punishment; wrongful executions — executing the innocent the most unconscionable — cannot be rectified. Arguments supporting the death penalty often rationalize the unknowable risk of executing the innocent as low.
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