Death Row

The United States is one of the few Western nations that still conducts capital punishment, though some states have abolished it. As of 2025, the death penalty is legal in 27 states, with four states (California, Oregon, Ohio, and Pennsylvania) currently having a pause on executions due to Executive Actions taken by these states’ governors during their administrations.

In the text, Talia states that, “technically, I get unlimited appeals on death row” (15). In reality, the appeals process for death row cases is not meant to be infinite, with time restrictions placed on the appellate process. There is a distinction between federal and state death row cases, as well. In Talia’s case, she is most likely exploring the appeals process through the State’s Post-Conviction appellate courts, in which her lawyer files a petition with the original judge, intermediate courts, and finally the state’s highest court, should the appeal progress to that point. Thus, while McFadden is correct in stating that there is no limit to death penalty appeals, the legal processes surrounding the appellate process do pose some limitations.

According to The Innocence Project, a non-profit that works to prevent wrongful convictions and create a more equitable justice system, at least 200 people who were wrongly convicted and sentenced to death have been exonerated since 1973 (Alyxaundria Sanford, “The Injustice of Death Row.” October 10, 2024). The same article points out the ways in which the US justice system disproportionately affects Black and Brown citizens. Per their data, the wrongful conviction rate of Black individuals in the US is 56%, and Black defendants tend to receive longer sentences and experience more official misconduct from guards while incarcerated. Michelle Alexander’s The New Jim Crow: Mass Incarceration in the Age of Colorblindness provides further historical context for how the current American justice system disproportionately affects Black and Brown citizens. Bryan Stevenson’s memoir, Just Mercy, further explores the inequities in the United States’ criminal justice system.

These facts lead to the ethical arguments surrounding the death penalty, which has been one of the most widely contested issues in the United States. Many of the arguments against the death penalty are centered on the above statistics, citing the disproportionate ways in which the death penalty is wielded against communities of color. Those who argue for the death penalty often argue that it is a deterrent to future crime, which opponents dispute.

The death penalty is also more expensive than the proposed alternative, life without parole. Due to the complexities associated with death penalty cases, the legal fees, pre-trial costs, and appeals process of death penalty cases are high. Once incarcerated, death penalty inmates experience solitary confinement in a specialized facility that requires additional security and accommodations, as death row inmates are separated from the general prison population.

While McFadden’s Death Row does not broach the issues discussed above, she does make a concerted effort to offer a realistic portrayal of a death row inmate’s existence. Talia stays in a confined, solitary cell for 23 hours a day, consistent with the experience of real death row inmates. Her human contact is limited to infrequent visits from her lawyer and communication with her guards through a slot in the door. McFadden’s fictional account of Talia’s experience on death row invites the reader to question the ethics of capital punishment and whether its effects are beginning to have an impact on Talia’s own mental well-being as she fights for her freedom.