Earlier this month, the George Barrett Social Justice Program hosted a discussion on Steven Hale’s latest book, “Death Row Welcomes You: Visiting Hours in the Shadow of the Execution Chamber.” Alvaro Manrique Barrenechea, Assistant Clinical Professor of Law and Director of the Immigration Clinic, engaged in conversation with Hale, offering insights into the experiences of Tennessee’s death row inmates. Together, they delved into the narratives of those who have been visitors to individuals facing capital punishment, shedding light on the human stories often overlooked in discussions about the death penalty.
Tennessee’s Laws on Executions
In 2018, Tennessee witnessed its first execution in nearly a decade, with the case of Billy Ray Irick. Hale, who covered Irick’s case, reflected on his experiences and the unique atmosphere of visiting individuals on death row. “You really are locked in there in a way,” he explained. Despite knowing that he would eventually leave, the feeling of tension and anxiety lingered as he navigated the prison corridors. As Tennessee grapples with its approach to capital punishment, Hale’s experiences shed light on the complex emotions and realities surrounding executions in the state, from the solemnity of death row to the legal intricacies of the process.
For example, Hale mentioned how he felt moments of apparent ease when visiting inmates on death row, where everyone was chatting and interacting – no cups rattling, no chains clinking. Hale asked an inmate, Terry, if he feared anyone in prison, and was met by a strong “yes.”. It was a moment of stark contrast. Within the confines of death row, there were individuals grappling with severe mental illness, unable to engage in such ordinary interactions along with others who seemed entirely at ease, capable of engaging in casual conversation. This experience lingered with Hale long after leaving the prison grounds. It was the catalyst for his decision to write a book, a desire to explore and understand the complexities of life behind bars.
Litigation Over Execution Methods
The crux of the legal battles involving Tennessee’s execution methods centered on Tennessee’s lethal injection protocol, drug selection, and whether these methods violated constitutional standards. In a significant turn of events in 2018, the courts validated the execution protocol, setting the stage for future executions to proceed. Tennessee’s unique offering of both lethal injection and the electric chair as execution methods added a grim dimension to the ordeal. Around 30 days before execution dates for prisoners, Hale explained, “the warden comes to them with a document for them to sign, forcing them to choose between the two methods.” Within prison walls, inmates and observers engaged in deliberations over the comparative severity of each method. Challenges surrounding the lethal injection protocol and drug selection have cast uncertainty over the process. Intervention by the governor in the review process has brought proceedings to a standstill, leaving the future of executions uncertain.
Law for Execution Witnesses
According to Hale, state law mandates that witnesses must be present during executions to report on them. These witnesses include “print reporters, a couple of radio reporters, [and] a couple of TV reporters, as well as one report from the county where the crime occurred.” However, there is a limit to the number of witnesses allowed, which Hale recalls as seven or eight. To select these witnesses, reporters from different outlets will submit their name to a lottery system. Volunteers must fax in their names to be a witness. “One funny thing about this,” Hale remarked, “is that you all can be the judge of what this says about the arcane nature of the testimony, but you have to fax in your name to volunteer for this, which I always found interesting.”
The Future of Executions in America
Despite a brief spike in the past few years, the number of executions annually has decreased for 27 years. Hale highlighted the decrease in the number of death sentences handed out, indicating a downward trend in the population on death row. The population of death row will, eventually, consist of people in their 60s and 70s. Hale expressed concerns about the challenges states face in obtaining execution drugs. States are having a hard time getting drugs to use in execution, “so they’re having to go to shadier ways to get execution drugs, whether it’s from other countries or from some compounding pharmacy somewhere that is not kind of open to public scrutiny.” There is also a resurgence of older execution methods like firing squad or gas.
Despite the potential for an unsettling conclusion to the current system, Hale remains optimistic about its eventual demise. While he notes that the last gasp of this system could be pretty ugly, he hopes that people engage with the stories in his book, gaining insight into the lives of those on death row. Readers “can see here, the people who are on death row here, their life stories, to the extent that I was able to tell them, here’s what they’re like, now, if you go sit and talk with them,” Hale concluded.
