As noted here last October, the American Law Institute adopted a compromise on the death penalty, rejecting the calls for it to take a stance in opposition but also withdrawing the obsolete Model Penal Code section on the subject. The usual suspects are predictably spinning the ALI action as a defeat for the death penalty. Adam Liptak has this story today in the NYT featuring Franklin Zimring saying what you would expect him to say and quoting the post linked above for the contrary view.

Doug Berman has this post at SL&P.