Washington State Court Strikes State Death Penalty, Citing International Trends toward Abolition

Last Thursday, just one day after the World Day Against the Death Penalty, the Washington State Supreme Court struck down the state’s death penalty on the ground of racial bias.  In the course of its ruling, the high court made clear that was construing the Washington State Constitution as a independent document, and not ruling on the construction of the federal constitution.  Nevertheless, the court noted that “evolving standards of decency” regarding appropriate punishment are reflected in “local, national, and international trends that disfavor capital punishment more broadly.”  Further, the court cited the data:  “Internationally, dozens of countries have abolished capital punishment, including all European nations.”

Kudos to the court for recognizing the value of including comparative perspectives on this important human rights issue, and concluding that U.S. outlier status should trigger concern about whether the death penalty is part of the practice of civilized nations.