Death Penalty Policies
Urges each jurisdiction that imposes capital punishment to prohibit the imposition of a death sentence on or execution of any individual who was 21 years old or younger at the time of the offense. 02/18 - download report
Urges each jurisdiction that imposes capital punishment to promulgate execution protocols in an open and transparent manner and require public review and comment prior to final adoption of any execution protocol, and require disclosure to the public by all relevant agencies of all relevant information regarding execution procedures. 02/15
Urges all governments that impose capital punishment, and the military, to require that before a court can impose a sentence of death, a jury must unanimously recommend or vote to impose that sentence, and the jury in such cases must also unanimously agree on the existence of any fact that is a prerequisite for eligibility for the death penalty. 02/15
Urges courts in capital cases to adopt jury instructions which are in language understandable by jurors untrained in law and legal terms. 2/12 - download report
Without taking a position supporting or opposing the death penalty, urges each jurisdiction that imposes capital punishment to implement specific policies and procedures as it relates to mental illness. 8/06 - download report
Adopts revisions to the black letter ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases and recommends adoption of the Guidelines by death penalty jurisdictions. 2/03 - download report
Urge jurisdictions that impose capital punishment not to carry out the death penalty until the jurisdiction implements policies and procedures that are consistent with four longstanding Association policies intended to (1) ensure that death penalty cases are administered fairly and impartially, in accordance with due process; and (2) minimize the risk that innocent persons may be executed, with the understanding that, apart from existing policies relating to offenders who are mentally retarded or under the age of 18 at the time of the commission of the offenses, the Association takes no position on the death penalty. 2/97 - download report
Death Penalty Legislation and Native Americans. Without taking a position on the enactment of general federal death penalty legislation, support in principle legislative measures, which would prevent or minimize any disproportionate effects of general federal death penalty legislation on Native Americans subject to federal jurisdiction. 8/91 - download report
Urge implementation of certain measures in the litigation of death penalty cases, including the provision of competent and adequately compensated counsel, and commend to Congress sample legislation as a way to implement the recommendations. 2/90 - download report
Recommend adoption of Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases, subject to such exceptions as may be appropriate in the military, by entities providing counsel in death penalty cases. 2/89. Please see revised Guidelines of 2/03 for current ABA policy.
Urge that no person with mental retardation, as now defined by the American Association on Mental Retardation, should be sentenced to death or executed. Support enactment of legislation barring the execution of defendants with mental retardation. 2/89 - download report
Oppose discrimination in capital sentencing on the basis of the race of either the victim or the defendant; support legislation that strives to eliminate racial discrimination in capital sentencing and which provides that a challenge to a death sentence can result in relief in certain instances. 8/88 - download report
Recommend that when attorneys are appointed to represent defendants in the trial of death penalty cases, two attorneys shall be appointed as trial counsel to represent the defendant, and the primary attorney shall have substantial trial experience which includes the trial of serious felony cases. 2/85 - download report
Oppose in principle the imposition of capital punishment upon any person for any offense committed while under the age of 18. 8/83- download report
Recommend that the U.S. Supreme Court adopt a rule providing for appointment of counsel to prepare petitions for discretionary review of state court convictions, including appropriate post-conviction or clemency petitions if necessary, in death penalty cases where the defendant cannot afford to hire counsel. Offer its assistance in identifying qualified attorneys. Recommend the amendment of the Criminal Justice Act (18 U.S.C. §3600A) to provide adequate compensation to counsel so appointed. 2/79 - download report
