New Voices

NEW VOICES: Kansas Federation of College Republicans Urges Repeal of Death Penalty

The Kansas Federation of College Republicans unanimously adopted a resolution calling for repeal of the death penalty in their state. “More young conservatives like myself recognize that our broken and fallible system of capital punishment in no way matches up with our conservative values,” said Dalton Glasscock, a Wichita State University student and chairman of the federation. Citing pro-life views and fiscal responsibility, the group urged Kansas legislators to repeal the state's death penalty. Eric Pahls, president of Kansas University College Republicans, said, "I think if, as Republicans, we call ourselves pro-life, that is from birth through natural death, not from birth until we decide your life is less important or less valuable." Glasscock and Pahls think there is a generational shift in views about the death penalty among young Republicans. A recent Pew Research Center poll indicated that death penalty support is weakest among younger Americans, among whom it has dropped by 8 percentage points since 2011. The federation joins the Republican Liberty Caucus of Kansas, who last year announced support for repeal of capital punishment. The Kansas Republican Party has dropped death penalty support from its platform, and now takes a neutral stance on the issue. Kansas has not carried out any executions since it reinstated the death penalty in 1994.

CNN's "Death Row Stories" Examines Possible Innocence of Man Executed in Texas

In the first episode of season 2 of "Death Row Stories," CNN examined the case of Ruben Cantu, who was executed in Texas in 1993 despite serious doubts about his guilt. The episode featured an interview with Sam Milsap, the District Attorney at the time of Cantu's trial, who asserted his belief in Cantu's innocence. Cantu's co-defendant and a key eyewitness from the case both supported Cantu's claim of innocence. The hour-long episode of the documentary series recounted how Lise Olsen, an investigative reporter for the Houston Chronicle, raised questions about the case and eventually convinced Milsap that Cantu was not guilty. "Death Row Stories" is produced by Robert Redford and narrated by Susan Sarandon. It airs Sundays at 10 pm. Other episodes this season include the stories of Randy Steidl and Seth Penalver, who were exonerated and freed from death row.

NEW VOICES: Execution Secrecy "Has No Place in a Democracy"

A recent op-ed by former Texas Governor Mark White (pictured) and former Florida Supreme Court Chief Justice Gerald Kogan criticized a recently passed North Carolina law that imposes secrecy on the source of lethal injection drugs and removes execution procedures from public review and comment. The authors said the new law will only prolong litigation, rather than ending North Carolina's hold on executions, as intended. The op-ed also maintained that the new policy violates democratic principles: "The foundation of our constitutional republic lies in accountability and transparency, enabling American citizens to learn and debate about policy. Yet citizens cannot engage in robust conversations when basic information is hidden." Arguing that both supporters and opponents of the death penalty should oppose secrecy, they said, "Regardless of our views on the death penalty, Americans must maintain a principled approach to its implementation. The standard ought to be the U.S. Constitution, which mandates the government impose no cruel and unusual punishments. As long as states implement the death penalty, we must ensure they follow this constitutional standard."

Former Prosecutor Says Texas "Can Live Without the Death Penalty"

Former Texas prosecutor, Tim Cole - described by the Dallas Morning News as "a no-holds-barred lawman" in 4 terms as District Attorney for Archer, Clay, and Montague counties - now says that "Texas should join the 19 U.S. states where the death penalty has been abolished." In an op-ed in The Fort Worth Star-Telegram, Cole says Texas' dramatic decline in imposing the death penalty, from a record 49 death sentences in 1994 and 48 in 1999 to none in the first 7 months of 2015, is "proving as a state that we can live without the death penalty." A Dallas Morning News editorial based upon Coles' comments described this as "part of a trend of the death penalty falling out of favor not only with juries but also with prosecutors who seek it." Only three death penalty cases have been tried in Texas this year, and all three resulted in life sentences. Cole said, "I believe it is happening because the problems with how the death penalty is assessed have become evident to everyone, including jurors." He particularly emphasized the inaccuracy of the death penalty, saying, "If you can show me a perfect system, I’ll give you the death penalty. But you can’t. You can’t show me a system that’s so perfect that you could show me we’d never execute an innocent person."

NEW VOICES: Ninth Circuit Judge Calls for Sweeping Criminal Justice Reform

In a recent article for the Georgetown Law Journal, Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit calls for sweeping reforms in the criminal justice system. The former Chief Judge, who was appointed by President Reagan in 1985, outlined a number of "myths" about the legal system, raising questions about the reliability of eyewitness testimony, fingerprint evidence, and even DNA evidence, which can easily be contaminated. Judge Kozinski directed his harshest critism at the limitations the Antiterrorism and Effective Death Penalty Act (AEDPA) imposes on federal habeas corpus review of state criminal cases. He pointed to the case of Ron Williamson, the death-row inmate who was the subject of the John Grisham book, The Innocent Man, who five days before his scheduled execution obtained a stay from the federal courts "that began a process culminating in Williamson’s exoneration." AEDPA, he says, "abruptly dismantled" this habeas corpus "safety-value," and has "pretty much shut out the federal courts from granting habeas relief in most cases, even when they believe that an egregious miscarriage of justice has occurred." Instead, federal courts "now regularly have to stand by in impotent silence, even though it may appear to us that an innocent person has been convicted." He calls AEDPA "a cruel, unjust and unnecessary law that effectively removes federal judges as safeguards against miscarriages of justice. It has resulted and continues to result in much human suffering. It should be repealed." Judge Kozinski also examines the roles of decision makers in criminal cases, highlighting such myths as "juries follow instructions," "prosecutors play fair," and "police are objective in their investigations." He recommends reforms to improve the accuracy and fairness of trials, including requiring "open file discovery" - meaning that all prosecution evidence related to a case is made available to the defense - and adopting more rigorous standards for eyewitness identification, suspect interrogations, and the use of jailhouse informants. He also advocates for the elimination of elected judges, noting that studies show "that judges who face elections are far more likely to override jury sentences of life without parole and impose the death penalty" and that elected judges often face political retaliation for ruling in favor of the defense or for sanctioning prosecutors for instances of misconduct.

NEW VOICES: Republican and Democratic Legislators Critique Tennessee's Death Penalty

In two separate guest columns for The Commercial Appeal (Memphis, TN), four state legislators urged an end to the death penalty in Tennessee. State Representatives Steve McManus (top left) and Mark White (top right), both Republicans, called capital punishment, "a lousy return on our investment." Estimating that Tennessee's death penalty is similar in costs to North Carolina's $11 million-per-year system, they listed some alternative uses for death penalty funds. "270 patrol officers. 361 state troopers. 228 detectives and criminal investigators. 110 new school buses. 239 teachers. Compensation for 367 crime victims and their families." They go on to raise concerns about the accuracy of capital convictions in Tennessee, which has executed six inmates and exonerated three. "Six-and-three isn't bad if you're playing football. It's not very good if you're deciding life or death." On the other side of the aisle, Democratic State Sen. Lee Harris (bottom left) and State Rep. Johnnie Turner (bottom right) called the death penalty, "broken," giving four reasons for their opposition to capital punishment. "First, we should be investing in infrastructure, schools, police and emergency services, and public transportation, among others...Second, executing an innocent person is an unacceptable risk...Third, the death penalty affects innocent people in other ways, too...the evidence shows that some people, when faced with the prospect of death, will falsely admit to taking a life to save their own...Fourth, we could be doing more for victims' families." They conclude, "In the end, the death penalty is a needless source of ongoing contention, and it takes up too much of our valuable time and resources while we're trying to work through all the other problems our criminal justice system is facing."

Urban League President Calls for Reconsideration of Death Penalty

Highlighting the recent abolition of the death penalty in Nebraska and concerns about wrongful convictions, National Urban League President Marc H. Morial (pictured) called for an end to executions. In an op-ed for The Philadelphia Tribune, Morial cited declining public support for the death penalty: "56 percent of Americans support the death penalty, this from a high of almost 80 percent in the mid-90s," he said. He also emphasized the growing conservative opposition to the death penalty, which was critical in bringing about repeal in Nebraska. "There are many experts who contribute much of today’s sea change in attitudes towards capital punishment to the growing number of conservatives coming to the frontlines of the opposition movement to the death penalty, questioning its efficacy and fiscal soundness," Morial said. Finally, he pointed to the stories of those exonerated from death row, saying, "No matter where you may stand on the death penalty debate, where is the value in maintaining a system that could likely execute an innocent man or woman?" He concluded, "As long as questions of equity, fairness and fallibility persist, we must stop executions and give death row inmates every chance to prove their innocence."

NEW VOICES: American Society of Health-System Pharmacists Opposes Participation in Executions

In a press release on June 9, the American Society of Health-System Pharmacists (ASHP) announced its policy affirming "that pharmacists, as healthcare providers who are dedicated to achieving optimal health outcomes and preserving life, should not participate in capital punishment." ASHP represents 40,000 members, including pharmacists who serve as patient-care providers in acute and ambulatory settings. The organization also includes student pharmacists and pharmacy technicians. The policy was approved by the organization’s chief policy-making body, the House of Delegates, during ASHP’s Summer Meetings this week in Denver. “This policy makes it clear that ASHP opposes pharmacists’ participation in capital punishment,” said ASHP Chief Executive Officer Paul W. Abramowitz, Pharm.D., Sc.D. (Hon.), FASHP. “We are proud that our members as patient care providers who are dedicated to achieving optimal health outcomes have taken this strong, ethical stance.”

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