The Fallacy Driving the Death Penalty’s Revival in the USA
January 6, 2026
On day one, the second
Trump administration issued
an executive order calling for
“Restoring the death penalty and
protecting public safety.” I chair
the World Coalition Against the
Death Penalty’s working group
for its annual World Day Against
the Death Penalty, marked every
October 10th, and it’s fitting that
this order came out just as we were
gearing up to plan our second year
focusing on the theme of “The
Death Penalty Protects No One.”
Contrary to the executive order’s bald-faced assertions, the death penalty neither has a unique deterrent effect on crime nor supports victims of violent crime.
An August 2025 report by the UN
Secretary-General confirmed this
point, concluding that “[t]here is
no conclusive evidence to support
the theory that the death penalty
deters crime more effectively than
any other punishment.”
Facts and evidence, however,
have never deterred the Trump
administration. The January
20 executive order lashes out
at “politicians and judges” for
imposing constraints on the death
penalty and directs the Attorney
General to “seek the overruling of”
Supreme Court precedents limiting
the use of the death penalty, under
the pretext of “prioritiz[ing] public
safety.”
The Fallacy Driving the
Death Penalty’s Revival
in the USA
State lawmakers swiftly took note.
Idaho and Oklahoma passed laws
authorizing the death penalty for
non-lethal sexual assault of a child,
expressly defying a 2008 Supreme
Court precedent prohibiting the
death penalty for crimes in which
the victim did not die and the
offender did not intend to kill.
Florida adopted a mandatory
death penalty for “unauthorized
aliens,” directly contravening
a Supreme Court precedent
dating back to 1976 prohibiting
mandatory death penalty statutes.
As The Advocates sees in working with Coalition partners around the world, politicians often invoke the death penalty as a simplistic response to complex issues relating to public safety and criminal behavior. Effective solutions include addressing the root causes of crime and dedicating resources and training to ensure that authorities can apprehend offenders and gather sufficient evidence to secure convictions.
Rather than building respect
for the rule of law, however, the
Trump administration undermines
it by thumbing its nose at long established Supreme Court
precedents.
Standing in solidarity with Coalition
members in other “backsliding”
countries, The Advocates continues
to bring international attention to
the United States’ death penalty
practices. In 2024, the United
States ranked seventh globally
for executions, keeping company
with countries like China, Iran,
Iraq, Saudi Arabia, Somalia, and
Yemen, and it may move up in
the ranks, with 2025 executions
on pace to increase by over 35%.
Yet as a record-breaking 130
countries voted in favor of the
UN General Assembly resolution
calling for global a moratorium on
the death penalty in December
2024, we know the United States is
becoming increasingly isolated in
its embrace of capital punishment.
The Trump administration’s empty
rhetoric is fooling no one.