Classifying Capital Punishment as Torture with John Bessler

In this month's episode of Discussions with DPIC, Managing Director Anne Holsinger speaks with John Bessler (pictured), of Professor of Law at the University of Baltimore School of Law. Professor Bessler is the author of several books on the death penalty, including his 2023 book The Death Penalty's Denial of Fundamental Human Rights: International Law, State Practice, and the Emerging Abolitionist Norm. In his most recent book, Professor Bessler argues that the death penalty should be classified as torture, which would prohibit its use under international law and treaties. The reality of capital punishment, he explains, is that it is "really just a series of credible death threats." The capital charge is a death threat, the death sentence is a more credible death threat, and the execution itself is a very imminent death threat. International law already prohibits mock executions as a "classic form of psychological torture," and Professor Bessler argues that the death penalty, with its repeated threats to execute, should be viewed the same way. "[T]here's really no way to eliminate the psychological torment that is associated with scheduling someone's death and then subjecting them to that continuous threat of death during the entire process."