Why no Tier 1?

Originally, those countries with a constitutional ban against the death penalty occupied a 'Tier 1' category. However, the wording of constitutional bans is inconsistent between nations, with some providing a rock, solid prohibition while others give themselves wriggle room.

For example, Germany's constitution has a categorical prohibition against the death penalty in all cases, while Brazil's constitutional ban allows the death penalty in wartime.

In addition, many of the constitutional bans have never been judicially tested.

When you hover your mouse over a country in the map, you will see whether that country has a constitutional ban in place.