Commentaries by Stephen Cooper

“It a tale told by an idiot, full of sound and fury, signifying nothing.” —   Macbeth  When asked to imagine the stereotypes associated with Texas, one might conjure images of barbecue, big trucks, and cowboys. But perhaps a more apt image would be that of injustice undergirding execution. As it all too frequently has in the [...]

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Barring the unlikely success of last-minute litigation, today, at 6 p.m. CST, Kenneth Eugene Smith is scheduled to become the first person in history to be executed by forced nitrogen gas inhalation. In Smith’s final minutes, personnel at the William C. Holman Correctional Facility in Atmore, Alabama will strap an industrial-grade mask to his face. Secured [...]

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As we prepare to usher in 2024, the outlook on Alabama’s administration of the death penalty holds many terrible knowns, and an even greater number of grim unknowns. At the top of any capital punishment-watcher’s list: Is Alabama really going to move forward with the first state-sanctioned nitrogen gassing execution in US history? If all goes according [...]

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With the stroke of his pen, California Governor Gavin Newsom could have a significant impact on the death penalty across the US. Though Newsom lacks the power to end capital punishment in California, he could take executive action to commute the sentences of the roughly 700 condemned awaiting execution in in the state—a death row figure [...]

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In its euthanasia guidelines, the American Veterinary Medical Association advises against the use of nitrogen gas to kill rats. And yet Alabama is pushing ahead with plans to experiment with using the gas to execute its condemned. Even defendants convicted of the cruelest of murders cannot, except for cynically and spitefully, be said to be [...]

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In November of 1985, legendary liberal Supreme Court Justice William J. Brennan Jr. declared, “the fatal constitutional infirmity of capital punishment is that it treats members of the human race as non-humans, as objects to be toyed with and discarded.” With Alabama primed to gas condemned prisoners to death with nitrogen — and with other [...]

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The “Texas Lawyer’s Creed” was promulgated by the Supreme Court of Texas and the Texas Court of Criminal Appeals on November 7, 1989. Established to eliminate abusive tactics within the practice of law, it was thought to be a seminal moment in the legal profession; the culmination of months of hard work and spirited debate [...]

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