Alabama

Alabama

American Bar Association Calls for Unanimous Juries and Greater Transparency in Execution Process

On February 9, the House of Delegates of the American Bar Association unanimously passed two resolutions calling for unanimous juries in capital sentencing and greater transparency in lethal injection procedures. Resolution 108A stated: "Before a court can impose a sentence of death, a jury must unanimously recommend or vote to impose that sentence," and, "The jury in such cases must also unanimously agree on the existence of any fact that is a prerequisite for eligibility for the death penalty and on the specific aggravating factors that have each been proven beyond a reasonable doubt." Currently, some states, including Florida, Alabama, and Delaware, allow a jury to recommend a death sentence without unanimity. Resolution 108B called for all death penalty jurisdictions "to promulgate execution protocols in an open and transparent manner and require public review and comment prior to final adoption of any execution protocol, and require disclosure to the public by all relevant agencies of all relevant information regarding execution procedures." As lethal injection drug restrictions have caused states to seek out new sources of drugs, many states have adopted secrecy policies surrounding their lethal injection process. 

LAW REVIEWS: Disparities in Determinations of Intellectual Disability

A recent law review article reported wide variations among states in exempting defendants with intellectual disability from the death penalty. Professor John Blume (l.) of Cornell Law School, along with three co-authors, analyzed claims filed under the Supreme Court's decision in Atkins v. Virginia (2002) against executing defendants with intellectual disability (formerly, "mental retardation"). Overall, from 2002 through 2013, only about 7.7% (371) of death row inmates or capital defendants have raised claims of intellectual disability. The total "success" rate for such claims was 55%. In North Carolina, the success rate was 82%, and in Mississippi 57%. However, in Georgia (where Warren Hill was recently executed), the success rate for those claiming this disability was only 11%, and in Florida, the success rate was zero. The authors found that states that significantly deviated from accepted clinical methods for determining intellectual disability, such as Florida, Alabama, Georgia, and Texas, had the lowest success rates. To preserve equal protection under the law, the authors recommended the Supreme Court strike down aberrant practices in isolated states, just as it struck down Florida's strict IQ cutoff.

STUDIES: Lawyers for Death Row Inmates Missed Critical Filing Deadlines in 80 Cases

An investigation by The Marshall Project showed that since Congress put strict time restrictions on federal appeals in 1996, lawyers for death row inmates missed the deadline at least 80 times, including 16 in which the prisoners have since been executed. The most recent of such cases occurred on Nov. 13, when Chadwick Banks was put to death in Florida with no review in federal court. This final part of a death penalty appeal, also called habeas corpus, has been a lifesaver for inmates whose cases were marked with mistakes ignored by state courts. The Project's report, Death by Deadline, noted, "Some of the lawyers' mistakes can be traced to their misunderstandings of federal habeas law and the notoriously complex procedures that have grown up around it. Just as often, though, the errors have exposed the lack of care and resources that have long plagued the patchwork system by which indigent death-row prisoners are provided with legal help." One Alabama lawyer who missed the deadline was addicted to methamphetamine and was on probation for public intoxication. An attorney in Texas who filed too late had been reprimanded for misconduct, while another Texas lawyer had been put on probation twice by the state bar. Two weeks after being appointed in the death penalty case, he was put on probation again.

Death Penalty Lawyer Called America's Mandela

In a recent column in the New York Times, Nicholas Kristof highlighted the work of Bryan Stevenson (pictured), referring to him as "America's Nelson Mandela." Stevenson, the founder of the Equal Justice Initiative in Alabama, has focused his career on representing indigent defendants, especially those on death row throughout the south. In his new book, Just Mercy, Stevenson tells the story of representing and eventually winning the exoneration of Walter McMillian, a black man unjustly convicted and sentenced to death in 1988 for the murder of a white woman in Alabama. Kristof asked Stevenson if "such a blatant and racially tinged miscarriage of justice" is less common today. Stevenson said, "If anything, because of the tremendous increase in people incarcerated, I’m confident that we have more innocent people in prison today than 25 years ago."

BOOKS: "Just Mercy" by Bryan Stevenson

Bryan Stevenson, founder of the Equal Justice Initiative in Alabama, has written a new book, Just Mercy, about his experiences defending the poor and the wrongfully convicted throughout the south. It includes the story of one of Stevenson's first cases as a young lawyer, that of Walter McMillian, who was eventually exonerated and freed from death row. McMillian, a black man, had been convicted of the murder of a white woman in Monroeville, Alabama. His trial lasted just a day and a half, prosecutors withheld exculpatory evidence, and the judge imposed a death sentence over the jury's recommendation for life. Archbishop Desmond Tutu said of the book, “Bryan Stevenson is America’s young Nelson Mandela, a brilliant lawyer fighting with courage and conviction to guarantee justice for all. Just Mercy should be read by people of conscience in every civilized country in the world to discover what happens when revenge and retribution replace justice and mercy. It is as gripping to read as any legal thriller, and what hangs in the balance is nothing less than the soul of a great nation."

Alabama Stands Alone in Judges Imposing Death When Juries Say Life

Alabama is the only state that in which judges regularly impose death sentences even after a jury recommends a life sentence. Death row inmate Courtney Lockhart has asked the Alabama Supreme Court to reconsider his sentence imposed as a result of this unique process. Lockhart was convicted of capital murder in 2010. The jury unanimously found that his post-traumatic stress disorder, resulting from his military service in Iraq, was sufficiently mitigating to recommend a sentence of life without parole. However, the presiding judge overrode this recommendation and sentenced Lockhart to death. In Alabama, one-fifth of death row inmates were sentenced to death over a jury's recommendation for life. A study by the Equal Justice Initiative found that "the proportion of death sentences imposed by override often is elevated in election years." Some elected judges touted their death penalty records in campaign ads. The practice of judicial override has contributed to Alabama having one of the highest per-capita death sentencing rates in the country. Bryan Stevenson (pictured), executive director of the Equal Justice Initiative, said he hoped that Lockhart's case will allow the Alabama Supreme Court to "reevaluate the propriety of judicial override." Delaware and Florida technically also allow judicial override, but neither state has had a judge use it in over 15 years.

BOOKS: Quest for Justice - Defending the Damned

In his book, "Quest for Justice: Defending the Damned," Richard Jaffe explores the problems of the American death penalty system through his experience as a capital defense attorney in Alabama. During the past twenty years, Jaffe has helped secure the release of three death row inmates: Randall Padgett and Gary Drinkard, who were fully exonerated, and James Cochran, who was cleared of murder charges, but pleaded guilty to a related robbery charge. In his book, Jaffe wrote, "I always keep in mind the maxim that history will judge a society by the way it treats its weakest and most vulnerable. Although most would assume that applies to the poor and the elderly, all one has to do is look at those who end up on death row: an overwhelming number are poor, disenfranchised and suffer from some mental defect or even brain damage." Charles J. Ogletree, Jr., a Harvard Law Professor, said of Quest for Justice, "This book tells the stories of people once convicted and sentenced to death and later acquitted of the same charges. It tells how it happened, shows the criminal courts are fallible and that poor people facing the death penalty may live or die depending on the competence and dedication of the lawyers appointed to defend them."

NEW RESOURCES: Latest "Death Row, USA" Now Available

The latest edition of the NAACP Legal Defense Fund's Death Row, USA shows the total death row population continuing to decline in size. The U.S. death-row population decreased from 3,108 on April 1, 2013, to 3,095 on July 1, 2013. The new total represented a 12% decrease from 10 years earlier, when the death row population was 3,517. The states with the largest death rows were California (733), Florida (412), Texas (292), Pennsylvania (197), and Alabama (197). In the past 10 years, the size of Texas's death row has shrunk 36%; Pennsylvania's death row has declined 18%; on the other hand, California's death row has increased 17% in that time. The report also contains racial breakdowns on death row. The states with the highest percentage of minorities on death row were Delaware (78%) and Texas (71%), among those states with at least 10 inmates. The total death row population was 43% white, 42% black, 13% Latino, and 2% other races.

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