Studies

BOOKS: "Women Who Kill Men"--An Historical and Social Analysis

Women Who Kill Men: California Courts, Gender, and the Press examines the role that gender played in the trials of women accused of murder in California between 1870-1958. The authors trace the changing views of the public towards women and how these views may have affected the outcomes of the cases. Some defendants faced the death penalty and were executed; some were spared. Often the public was deeply fascinated with all aspects of the trial and punishment. The book, written by Gordon Morris Bakken and Brenda Farrington, provides in-depth details of 18 murder trials through court records and news coverage. 

INTERNATIONAL: New Report Examines Countries That Have Abandoned Death Penalty

In April, the International Commission Against the Death Penalty (ICDP) released a new report titled, How States Abolish the Death Penalty. The report examines the experiences of 13 countries, including Argentina, France, Haiti, the Philippines, South Africa, and 2 states in the U.S. (Connecticut and New Mexico), in their paths to ending capital punishment. The report noted that some states took intermediary steps to abolition, including establishing an official moratorium on executions, reducing the scope of the death penalty, or removing mandatory sentences. The report recommended vigorous public debate on the subject, the publication of information about the use of the death penalty, and the emergence of principled leadership on the issue. The report was released during a recent meeting of the ICDP in Oslo, Norway.  Read full text of the report.

NEW RESOURCES: "Death Row USA" Winter 2013 Now Available

The latest edition of the NAACP Legal Defense Fund's Death Row USA showed a continuing decline in the number of people on death rows across the country. As of January 1, 2013, there were 3,125 inmates under a sentence of death, a decrease of 43 from a year ago. Over the last decade, the size of death row has dropped almost 16%, from 3,703 inmates in 2000 to 3,125 in 2013. California continued to have the largest death row population (727), followed by Florida (413), Texas (300), and Pennsylvania (202). Neither California nor Pennsylvania has carried out an execution in at least 7 years. In Texas, minorities constitute 71% of the death row population. The report also contains information on executions. Nearly 77% of the murder victims in cases resulting in an execution since 1976 were white, even though nationally, about 50% of murder victims are black.

NEW VOICES: PBS Airing of "The Central Park Five" Underscores Problem of Innocence

George F. Will, conservative commentator of the Washington Post, recently drew a lesson about the death penalty from the documentary The Central Park Five, which airs on PBS on Tuesday, April 16. Will wrote, “[T]his recounting of a multifaceted but, fortunately, not fatal failure of the criminal justice system buttresses the conservative case against the death penalty: Its finality leaves no room for rectifying mistakes.” The Central Park Five tells the story of five juvenile defendants (four African Americans and one Hispanic) who were convicted of the 1989 rape and beating of a jogger in Central Park, New York, despite the absence of DNA evidence linking them to the crime. Four of the five gave confessions, which they later said were the result of police intimidation. All were sentenced to prison. In 2002, after a recommendation from the Manhattan District Attoreny, their convictions were vacated.

STUDIES: "The Death Penalty in Japan"

A new report from the Death Penalty Project, titled The Death Penalty in Japan, provides an assessment of that country’s obligations under the International Covenant on Civil and Political Rights (ICCPR), a treaty which both Japan and the U.S. have ratified. While retaining the death penalty is not itself a breach of the treaty, the report states Japan is under an obligation to develop domestic laws and practices that progressively restrict the use of the death penalty. According to the report, Japan has failed to meet the treaty's requirements for fair trials, the provision of adequate procedures for appeal and clemency, and for the humane treatment of persons under sentence of death. The report also explores the quality of opinion surveys in Japan that have reported high public support for the death penalty.  Read full text of the report. (Amnesty International reported that Japan resumed executions in 2012 after a 20-month moratorium.) 

STUDIES: Amnesty International Reports Continued Movement Away from Capital Punishment

According to a new report from Amnesty International, the international trend away from the death penalty generally continued in 2012. The number of countries in which death sentences were imposed fell from 63 to 58. The number of countries that have completely abolished the death penalty stood at 97. Ten years ago, this figure stood at 80. In total, 140 countries worldwide have ended the death penalty in law or in practice. However, 3 countries--India, Pakistan, and the Gambia--returned to carrying out executions in 2012 after many years of having none. The U.S. carried out the same number of executions in 2012 as in 2011, but in fewer states. There were 43 executions across nine states. The five countries that carried out the most executions in 2012 were China, Iran, Iraq, Saudi Arabia, and the U.S. Amnesty International Secretary General Salil Shetty said, "In many parts of the world, executions are becoming a thing of the past. Only one in 10 countries in the world carries out executions. Their leaders should ask themselves why they are still applying a cruel and inhumane punishment that the rest of the world is leaving behind."

INNOCENCE: Update of National Registry of Exonerations Shows Increased Cooperation from Prosecutors

The National Registry of Exonerations has released its latest report concerning wrongful convictions with new data from 2012, highlighting 178 additional cases of innocence, including 58 exonerations since March 1, 2012, and 120 recently discovered cases from earlier years. In a surprising development, prosecutors and police helped exonerate innocent defendants in a majority of the new cases last year. Of 63 known exonerations in 2012, law enforcement initiated or cooperated in 34 or more than half (54 %) of the cases. “We see a clear trend," said Michigan Law professor Samuel Gross, one of the authors of the report. "Prosecutors and police are more open to re-investigating cases and clearing the names of innocent people who were wrongfully convicted. This is as it should be. The purpose of law enforcement is to seek truth and pursue justice." Two of the new exonerations in 2012 were cases in which the defendant was sentenced to death. Damon Thibodeaux of Louisiana was exonerated with the help of DNA evidence after 15 years on death row. Seth Penalver was released from Florida's death row in December, after being acquitted in a retrial. A third death row exoneration, that of Joe D'Ambrosio in Ohio, also occurred in 2012, and was included in the Registry's initial report. At 1:00 pm Eastern on April 3, 2013, Prof. Gross and Pulitzer-prize winning journalist Maurice Possley will host a Twitter Q&A about the findings. The media and the public are invited to participate by following #NRE12 or #innocence or @exonerationlist.

NEW RESOURCES: State Graphs Showing the Decline in Death Sentences

Since the 1990s, almost every death penalty state has experienced a dramatic decline in its annual number of death sentences. DPIC has prepared a series of graphs illustrating this trend in each state: State Death Sentences by Year. This page contains graphs showing the annual number of new sentences in each state between 1994 and 2012. These same graphs can be found individually on each state's State Information page. Nationally, there was a 75% decrease in new death sentences between 1994 and 2012. Using the same years of comparison, death sentences in Texas and Virginia (the two leading states in executions since 1976) have shown a similar decline.  Between 1994 and 2012, Texas death sentences declined by 79%; Virginia death sentences dropped to 0 in 2012, a 100% decline from 1994, when there were 10. In the same time period, Alabama sentences dropped 75%, Florida-44%, Oklahoma-92%, and California-41%.

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