The Death Penalty Project: Fighting for every person facing the death penalty

Representation

Most of the DPP’s legal work does not actually aspire to completely abolish the death penalty, as that does not happen frequently. Instead, it chips away at problematic aspects, like challenging the length of time someone can be held on death row before it amounts to torture and getting their sentence commuted. A major part of the DPP’s work is providing free legal representation to those facing the death penalty. As explained by Saul, when confronted with the realities of the lives of death row inmates, it becomes apparent that most of those sentenced look nothing like the commonly held stereotype of a death penalty convict. The reality is that the vast majority of people convicted are marginalised individuals, whether that is racially, socio economically, due to mental disability etc. Using international human rights laws to their benefit, Saul, Parvais and their team therefore focus on marginalised individuals as they challenge death sentences and convictions in courts or appeal and in other, constitutional challenges to the death penalty per se.

Capacity building

The organisation delivers targeted training to judges, lawyers, mental health professionals, and others within the criminal justice system. This includes educating judges on the proper use of discretionary sentencing in capital cases; something fundamental due to the inherent bias and subjectivity of personal discretion. Beyond this, the DPP focuses on developing a comprehensive understanding of the death penalty's impacts among criminal justice professionals. They provide training on international human rights standards, mental health assessments in capital cases, and the importance of considering mitigating factors in sentencing. By enhancing the skills and knowledge of those working within the system, the DPP aims to foster a more humane and rights-respecting approach to criminal justice, even in countries where the death penalty remains legal.

Research and publications

Saul explains how research is one of the most crucial aspects of DPP's initiative to challenge capital punishment. Recognizing the power of academic inquiry in reshaping narratives, the organisation commissions and publishes groundbreaking studies that confront long-held assumptions about the death penalty. This research serves a dual purpose: it not only challenges misconceptions and deepens understanding among the public, whose views are often abstract and detached from reality, but also provides invaluable support for legal work. Saul gave the examples of Ghana and Taiwan to illustrate the former purpose. The governments of both countries have, for decades, operated on the idea that their constituents support capital punishment; however, studies conducted by the DPP and their partners in both countries found weak support for capital punishment among the public.

Policy and engagement

Such findings are crucial to bolster constitutional litigation efforts and inform policy discussions, offering evidence-based arguments that are indispensable in the fight for abolition. This is especially important as the DPP has found that ignorance on the topic is rampant, with only 4 out of 2000 people surveyed being able to accurately answer factual questions about the death penalty in one of their studies. The cases of Ghana and Taiwan illustrate the power of research backed policy engagement: In Ghana, the DPP's research revealed weak public support for capital punishment, contrary to long-held political beliefs. Armed with this data, the DPP, working closely with researchers at the Oxford Death Penalty Research Unit (DPRU) engaged with both local leaders and parliamentarians to advocate for abolition, and ultimately contributed to Ghana's recent decision to abolish the death penalty for ordinary crimes. In Taiwan, where the government claims 86% public support for the death penalty, the DPP's research, conducted with assistance from the DPRU, painted a different picture. Their study found that 61% of legislators favoured abolition, increasing to 81% when provided with more information. This research has been used to challenge the government's stance and inform ongoing policy discussions, culminating in a current constitutional challenge to the death penalty. Through these case studies, the DPP demonstrates how policy engagement, when backed by rigorous research, can challenge long-held assumptions and create openings for significant legal and policy changes.

Approach

Their approach also underscores the importance of tailoring advocacy efforts to local contexts while providing policymakers with the data they need to make informed decisions about capital punishment. The DPP makes a point to remain sensitive to local cultures and jurisdictions: only operating in places to which it has been invited, extending support to local initiatives, and working with local academic partners and civil society organisations. Overall, by bridging the gap between academic research and practical application, the DPP has found a way to implement fundamental changes across the world, making it a formidable force that has changed hearts, minds, laws, and ultimately, lives.

Learn more: Death Penalty Project