Same Procedure as Last Year? Patterns of Death Penalty Bill Introductions in the Era of Abolition 1999–2018

Abstract

The death penalty has existed in a state of steady decline for the last two decades, during which state legislatures have been at the center of abolition efforts. Successful abolition is, however, very rare in contrast to how often death penalty repeal bills are introduced across state legislatures, year after year. Indeed, abolition is not a sudden event, but may be many years in the making. Research on the early phases of this process, where the groundwork for enacted legislation is laid, is nevertheless limited. This chapter explores patterns of death penalty bill introductions across all active death penalty states from 1999 to 2018, providing not only an overview of legislative activity at state level but also an analysis of potential factors fueling the activity. It argues that individual legislators play a significant role in the current trend of increased legislative support for a restricted, if not entirely abolished, death penalty, evident both in terms of persistency over time and cooperation across party lines. It also problematizes partisan aspects of legislative activity in the context of legislation on capital punishment.

Citation

Ricknell, E. (2021), "Same Procedure as Last Year? Patterns of Death Penalty Bill Introductions in the Era of Abolition 1999–2018", Sarat, A. (Ed.) Studies in Law, Politics, and Society (Studies in Law, Politics, and Society, Vol. 85), Emerald Publishing Limited, Leeds, pp. 1-26. https://doi.org/10.1108/S1059-433720210000085001