Death sentencing by Zoom: An actor-network theory analysis

During the COVID-19 pandemic, courts around the world have introduced a range of technologies to cope with social distancing requirements. Jury trials have been largely delayed, although some jurisdictions moved to remote jury approaches and video conferencing was used extensively for bail applications. While videoconferencing has been used to a more limited extent in the area of sentencing, many were appalled by the news that two people were sentenced to death via Zoom. This article uses actor-network theory (ANT) to explore the role of technology in reshaping the experience of those involved in the sentencing of Punithan Genasan in Singapore.

Social Workers in Capital Defense Practice

This chapter focuses on how social workers are uniquely suited to the essential task of crafting mitigating social histories for capital defendants that can penetrate the fog of misconceptions, disinformation, and demonization/dehumanization endemic to the capital punishment process. Rooted in traditions of antiracism and community education, welfare, and empowerment, whose fundamental aspirations have been to identify and remedy systemic impediments to human welfare and to encourage human mutuality, the 150-year history of American social work places it in natural opposition to capital punishment. Mitigating narratives created by social workers recover defendants’ humanity and empower judicial decision-makers to act mercifully. Decades of social worker participation in capital defense have seen a sharp decline in death sentencing.

Can Legislatures Redress Racial Discrimination in Capital Punishment? Evaluating Racial Justice Acts in Response to McCleskey

Three decades ago, the US Supreme Court declared in McCleskey v Kemp that legislatures, rather than courts, should redress statistically identified disparities in death sentencing. Racial justice efforts failed in Congress, but two states adopted measures that challenge inequalities in capital punishment. This article critically examines the development and impacts of the North Carolina and Kentucky Racial Justice Acts. Findings reveal two policy implications. The acts first actualised judicial wishes for elected officials and the public to address sentencing disparities. Secondly, the policies became distinct ‘super due process’ remedies that require defendants to show racial disparity as an error under specific procedures. Variation in the acts’ approaches to proof and causes of discrimination contributed to differential impact: the questioning of all death sentences within four years in North Carolina and minimal relief in Kentucky for two decades. Lessons are drawn for designing disparity reforms in criminal processing following judicial non-intervention.

Emotion, Authority, and Death: (Raced) Negotiations in Mock Capital Jury Deliberations

This article explores the role of emotion in the capital penalty‐phase jury deliberations process. It is based on the qualitative analysis of data from ninety video‐recorded four to seven person simulated jury deliberations that examined the influence of race on death sentencing outcomes. The analysis explores when and how emotions are expressed, integrated into the jury's sentencing process, and deployed in penalty‐phase decision making. The findings offer critical new insights into the role that emotion plays in influencing these legal judgments by revealing how jurors strategically and explicitly employ emotion in the course of deliberation, both to support their own positions and neutralize or rebut the opposing positions of others. The findings also shed light on the various ways that white male capital jurors utilize a panoply of powerful emotion‐based tactics to sway others to their position in a manner that often contributes to racially biased outcomes.