(Click to enlarge graph) A Field Poll of voters in California found that support for capital punishment has reached its lowest level since 1965. Only 56% of respondents said they favored keeping the death penalty, down from 69% in 2011. Support for the death penalty among Californians peaked in the mid-1980s at 83%. The strongest opposition to keeping the death penalty came from voters under 30, African and Asian Americans, and Democrats. Daisy Vieyra, a spokesperson for the ACLU of Northern California, said support for capital punishment has declined because, "The public is becoming more aware of all the flaws that riddle the system." In 2012, a referendum to replace California's death penalty with life without parole almost passed, coming up short in a 52-48% vote.
The highly acclaimed resource on the death penalty -- "America's Experiment with Capital Punishment" -- has just been released in its Third Edition. This compendium of essays by experts covers the history, politics, and law of the death penalty, as well as related issues, such as innocence, intellectual disability, and race. DPIC's Executive Director, Richard Dieter, contributed a chapter on the costs of the death penalty. The editors encourage readers to grapple with the many questions surrounding capital punishment, saying, "Today, more than 40 years after the death penalty came to an abrupt but temporary halt with the Supreme Court's ruling in Furman v. Georgia (1972), a host of fundamental questions involving law, social policy, and essential justice remain unanswered about America's renewed commitment to capital punishment." This edition includes a particular focus on lethal injection and trends in the Supreme Court's interpretation of the nation's "evolving standards of decency."
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A new report from the National Institute of Justice examines ways to reduce and prevent errors, such as the wrongful conviction of an innocent person. The report proposes "sentinel event reviews" -- the examination of mistakes with a view of finding systemic problems. The report uses the death penalty exoneration of John Thompson in Louisiana to illustrate its goal: "In Connick [v. Thompson], the trial prosecutor withheld crime lab results from the defense, removed a blood sample from the evidence room, and failed to disclose that Thompson had been implicated by someone who had received a reward from the victim’s family. The conviction and death sentence were ultimately overturned on appeal, but no one learned anything from the Connick appellate opinions about the deeper, abiding issues in the case’s narrative, and those issues were left to surface again in future cases." The report includes analysis and recommendations from people involved in all facets of the criminal justice system, including police, prosecutors, defense attorneys, judges, and academics.
A new study by Professors Cynthia Willis-Esqueda (pictured) of the University of Nebraska-Lincoln (UNL) and Russ K.E. Espinoza of California State University found that white jurors were more likely to recommend a death sentence for Latino defendants than for white defendants in California. Researchers gave case descriptions to 500 white and Latino people who had reported for jury duty in southern California, then asked them to choose a sentence of life without parole or death. The description was based on a real capital case, but each juror was given one of eight scenarios which altered the race and income level of the defendant and the amount of mitigating evidence. White jurors recommended a death sentence about half the time for Latino defendants who were poor, but only one-third of the time for poor white defendants. By comparison, Latino jurors recommended a death sentence only about one-quarter of the time, regardless of the ethnicity or socioeconomic class of the defendant.
In an op-ed for the Washington Post, Kenneth Rose, an attorney for the recently freed Henry McCollum, expressed his frustrations with the death-penalty system that allowed such mistakes to happen in the first place: "I am angry that we live in a world where two disabled boys can have their lives stolen from them, where cops can lie and intimidate with impunity, where innocent people can be condemned to die and where injustice is so difficult to bring to light. As I lie awake at night, mulling over the maddening details of this case, I wonder: How many more Henry McCollums are still imprisoned, waiting for help that will never come?" He described the hardships McCollum experienced on death row, including seeing other inmates being executed. "He became so distraught during executions that he had to be put in isolation so he wouldn’t hurt himself," Rose said. McCollum only saw his family on rare occasions when they could make the long drive from New Jersey to North Carolina, and both his mother and grandmother died while he was imprisoned. Read the op-ed below.
An investigation by St. Louis Public Radio has revealed that Missouri has been administering Midazolam to inmates prior to their execution since November 2013. Midazolam is a sedative that was used in all three of this year's most seriously botched executions in Ohio, Oklahoma, and Arizona. Missouri officials had testified earlier that the state had not used Midazolam in executions and did not plan to use it. New documents, however, show that the drug was given to inmates as a sedative before the execution began, without the presence of witnesses. George Lombardi, director of the Missouri Department of Corrections, said the sedative could be given before an execution at the request of the inmate, the state, or the execution team. In two cases, inmates were given both Midazolam and valium in quantities that one medical expert, Dr. Karen Sibert, said would make it difficult to arouse the prisoner, and would tend to cause someone, "to be so deeply asleep that your airway might obstruct." Cheryl Pilate, an attorney who has represented several death row inmates in Missouri, said, "It’s very disturbing that Midazolam hasn’t been disclosed. State law requires drugs in protocol to be disclosed. There may be a serious violation of state law going on." Noting that in at least one instance Midazolam was administered about 10 minutes before the execution witnesses were ushered in, she added, "The public is denied the opportunity to witness an execution through the press."
On September 4, Oklahoma released a report from its investigation into the botched execution of Clayton Lockett. The review, which was conducted by investigators from the Oklahoma Highway Patrol, found several problems that may have contributed to the prolonged execution attempt on April 29. The execution was stopped by the warden, curtains were drawn in the chamber, but the inmate died afterwards, reportedly from the residues of the lethal drugs in his system. The state report found insufficient training of corrections officials, communication difficulties between those inside and outside the execution chamber, and a lack of contingency planning in case problems arose. The direct cause of the botched execution, according to the report, was the improper insertion of the IV, combined with the fact that the IV site was hidden from view and was not monitored throughout the execution process. The report offered eleven recommendations for future lethal injections, including observation of the IV insertion point, ongoing training for the execution team, established contingency plans and backup execution supplies in case of problems, and improved communications. Dale Baich, an attorney for Lockett, said, "The state’s internal investigation raises more questions than it answers. The report does not address accountability. It protects the chain of command. Once the execution was clearly going wrong, it should have been stopped, but it wasn’t. Whoever allowed the execution to continue needs to be held accountable."