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24 Nev. L.J. 1 (2023)

handle is hein.journals/nevlj24 and id is 1 raw text is: 24 NEV. L.J. 1 THE 2022 ALABAMA EXECUTIONS AND THE CRISIS OF AMERICAN CAPITAL PUNISHMENT Alexandra L. Klein* The Death Penalty Information Center described 2022 as the year of the botched execution in its 2022 Annual Report. Alabama's execution errors were especially serious: it attempted to execute four people, botched three of its four executions, and ultimately called off two executions. Alabama's 2022 executions and its errors are the culmination of common problems in capital punishment across the United States. A full understanding of capital punish- ment requires an analysis ofindividual cases, including executions, and analy- sis of-how that case fits within the system ofcapital punishment. Evaluating a single case may reveal unfairness and arbitrariness, but tracking those trends across multiple cases demonstrates broader system failures. Alabama's 2022 executions present a useful case study for understanding the flaws in execu- tion practices and capital punishment more broadly. This Article documents the 2022 Alabama executions and makes three contributions. First, it summarizes the events in Alabama surrounding the ex- ecutions of Matthew Reeves and Joe James, and the failed executions of Alan Miller and Kenneth Smith. It reviews some issues associated with each capital sentence and appeals process. Second, it explores points of commonality among each of the four cases: non-unanimous jury sentencing and judicial overrides, inadequate legal representation and resources, the role the Supreme Court played in the cases, and the problems associated with Alabama's execu- tion protocols. Finally, it addresses the outcome of Alabama's decision to sus- pend executions and offers recommendations intended to protect the Eighth Amendment rights ofpeople facing executions if Alabama's elected officials are unwilling to take the necessary step to abolish the death penalty. The problems this Article describes are not unique to Alabama, but events in Alabama afford an opportunity to bring fresh scrutiny to these is- sues. The Supreme Court's willingness to authorize executions regardless of the merits of an individual case makes it more likely that errors like this will continue to happen. Alabama is not the whole story of2022's botched execu- * Assistant Professor of Law, St. Mary's University School of Law. I am grateful to Eric Berger, Brandon Hasbrouck, Dorie Klein, Robert Montville, Geary Reamey, and Madalyn Wasilczuk for helpful discussions, comments, and suggestions on drafts of this Article. Eliel Escobedo, Kyra Falcone, and Cody Huffman provided excellent research assistance. The editors of the Nevada Law Journal provided outstanding editing, suggestions, and attention to detail throughout the editorial and review process. 1

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