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The Center for Law, Brain & Behavior puts the most accurate and actionable neuroscience in the hands of judges, lawyers, policymakers and journalists—people who shape the standards and practices of our legal system and affect its impact on people’s lives. We work to make the legal system more effective and more just for all those affected by the law.

Courts, States Put Death Penalty on Life Support

By Richard Wolf and Kevin Johnson | USA Today | September 14, 2015

Introduction

‘EVERYWHERE YOU LOOK…THERE’S A PROBLEM’

If there is such a thing as a lock for the death penalty, the case against Daniel Higgins appeared to be just that.

Already sought for sexually assaulting a child, Higgins killed Sheriff’s Sgt. Michael Naylorlast October with a point-blank shot to the head, making him the only deputy slain in the department’s 130-year history. “I wanted him dead,” Sheriff Gary Painter says of the murderer.

But Naylor’s widow, Denise Davis, said she couldn’t bear the likely rounds of appeals that could stretch on for decades. Higgins was allowed to plead guilty and was sentenced to life without the possibility of parole.

The death penalty in America may be living on borrowed time. Continue reading »