Report: Executions continued decline but many 'botched'

FILE - The gurney in Huntsville, Texas, where inmates are strapped down to receive a lethal dose of drugs, is shown May 27, 2008. Public support and use of the death penalty in 2022 continued its more than two-decade long decline in the U.S., and many of the executions that were carried out were 鈥渂otched鈥 or highly problematic, according to an annual report on capital punishment released Friday, Dec. 16. (AP Photo/Pat Sullivan, File)

HOUSTON (AP) 鈥 Public support and use of the death penalty in 2022 continued its more than two-decade decline in the U.S., and many of the executions that were carried out during the year were 鈥渂otched鈥 or highly problematic, an annual report on capital punishment says.

There were 18 executions in the U.S. in 2022, the fewest in any pre-pandemic year since 1991. There were . Outside of the pandemic years, the 20 death sentences handed out in 2022 were the fewest in any year in the U.S. in a half-century, according to the .

鈥淎ll the indicators point to the continuing decline in capital punishment and the movement away from the death penalty is durable,鈥 said Robert Dunham, executive director of the nonprofit, which takes no position on capital punishment but has criticized the way states carry out executions.

In the U.S., 37 states have abolished the death penalty or not carried out an execution in more than a decade. On Tuesday, commuted the sentences of all 17 of the state's death row inmates to life in prison without parole. Oregon last executed a prisoner in 1997. There have been no federal executions since January 2021 following a historic use of capital punishment by . In July 2021, the Justice Department on federal executions.

The report called 2022 the 鈥淵ear of the Botched Execution鈥 as seven of the 20 execution attempts in the U.S. were visibly problematic or took an inordinate amount of time. That prompted some states to put them on hold so processes and protocols could be reviewed.

Significant problems were reported with all three of as corrections officers struggled to find suitable veins for IV lines to deliver the lethal injection.

In Alabama, Gov. Kay Ivey of the state鈥檚 capital punishment system last month after three failed lethal injections, including two in 2022 involving problems with intravenous lines used to administer the drugs.

Other concerns with executions included a that called unconstitutional the state鈥檚 newly created execution firing squad, as well as its use of the electric chair. The state鈥檚 Supreme Court is set to hear arguments on the issue next month.

In April, halted lethal injections in his state because the drugs used in executions hadn鈥檛 been tested. The oversight had forced Lee to abruptly halt plans to execute , an hour before he was to die last April.

Dunham said he believes ongoing issues with botched executions or reviews of execution protocols by states is helping to erode public support of capital punishment. Gallup polling shows public support of the death penalty has steadily dropped in the last 28 years, falling from 80% in 1994 to 55% this year.

鈥淭here are very few states that are trying to carry out the death penalty. But they are acting in ways that ... their conduct is undermining public confidence that states can be trusted with the death penalty,鈥 Dunham said.

While five of the 18 executions that took place in 2022 were in Texas, that is well below what the nation鈥檚 busiest capital punishment state has seen historically. In 2000, Texas executions reached a high of 40, according to this year鈥檚 annual report by the Texas Coalition to Abolish the Death Penalty.

Kristin Houl茅 Cuellar, the coalition鈥檚 executive director, said she believes Texas鈥 鈥渆ra of excessive use of the death penalty is gone鈥 as prosecutors will continue to instead use lengthy prison sentences to hold people accountable.

Deborah Denno, a law professor at Fordham University in New York, said she鈥檚 not surprised by the declining use and public support of capital punishment. She cites as reasons: more people learning about the various problems in carrying out executions, doubts about whether it deters crime and a growing number of exonerations of inmates.

鈥淎ny sort of prediction about the future would suggest the death penalty is going to be limited to a few states. With time, there will be growing pressure in those states to abolish the death penalty,鈥 Denno said.

Dunham said he believes the number of botched executions has contributed significantly to the movement among lawmakers, particularly conservatives, to express doubts about the death penalty.

In Oklahoma, GOP state Rep. Kevin McDugle, a self-described death-penalty supporter, became one of the strongest advocates for death row inmate after concerns were raised about lost or destroyed evidence and police bias. Glossip鈥檚 execution was delayed last month.

In Texas, GOP state Rep. Jeff Leach helped lead a bipartisan group of lawmakers who believe new evidence shows death row inmate didn鈥檛 fatally beat her daughter. Leach and some of the lawmakers visited Lucio on death row before her execution was delayed in April.

In an interview with The Associated Press earlier this year, Leach said he hopes lawmakers can work to make sure 鈥渢here鈥檚 no chance that we鈥檙e executing an innocent Texan.鈥

鈥淭o say I鈥檓 wrestling with the very existence of the death penalty in Texas would be a dramatic understatement,鈥 Leach said.

Michael Benza, a law professor at Case Western Reserve University in Cleveland, said the shifting political environment around the death penalty has made it easier for policymakers to have meaningful discussions about capital punishment.

鈥淎nd they have trouble with it when they really do look at what is happening. I think politicians are wondering whether or not this is in fact the right thing to be doing,鈥 Benza said.

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