Mercer University School of Law Mercer Law School Digital Commons Faculty Publications Faculty 2014 Cold Comfort Food: A Systematic Examination of the Rituals and Rights of the Last Meal Sarah Gerwig-Moore Mercer University School of Law,
[email protected] Follow this and additional works at: https://digitalcommons.law.mercer.edu/fac_pubs Part of the Criminal Law Commons, and the Criminal Procedure Commons Recommended Citation Sarah L. Gerwig-Moore, et al., Cold Comfort Food: A Systematic Examination of the Rituals and Rights of the Last Meal, 2 Brit. J. Am. Legal Stud. 411 (2014). This Article is brought to you for free and open access by the Faculty at Mercer Law School Digital Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Mercer Law School Digital Commons. For more information, please contact
[email protected]. COLD (COMFORT?) FOOD: THE SIGNIFICANCE OF LAST MEAL RITUALS IN THE UNITED STATES SARAH L. GERWIG-MOORE1 Merceer University School of Law ANDREW DAVIES2 State University of New York at Albany SABRINA ATKINS3 Baker, Donelson, Bearman, Caldwell & Berkowitz P. C ABSTRACT Last meals are a resilient ritual accompanying executions in the United States. Yet states vary considerably in the ways they administer last meals. This paper ex- plores the recent decision in Texas to abolish the tradition altogether. It seeks to understand, through consultation of historical and contemporary sources, what the ritual signifies. We then go on to analyze execution procedures in all 35 of the states that allowed executions in 2010, and show that last meal allowances are paradoxically at their most expansive in states traditionally associated with high rates of capital punishment (Texas now being the exception to that rule.) We con- clude with a discussion of the implications of last meal policies, their connections to state cultures, and the role that the last meal ritual continues to play in contem- porary execution procedures.