Georgia

Georgia

EDITORIALS: "An Intolerable Burden of Proof"

An editorial in the New York Times criticized a recent ruling by the U.S. Court of Appeals for the Eleventh Circuit, upholding the heavy burden Georgia places on offenders with intellectual disabilities.  In order to be exempt from the death penalty, defendants must prove "beyond a reasonable doubt" that they are mentally retarded.  The U.S. Supreme Court held in 2002 that such defendants cannot receive the death penalty, but the Court left the procedures for determining this status to the states.  According to the editorial, Georgia is the only state requiring this extremely difficult standard of proof.  They called on the U.S. Supreme Court to strike down Georgia's law. The editorial concluded, “[W]hen the court ruled that the Eighth Amendment prohibits execution of the mentally retarded, it made plain that states cannot weaken that protection with an unfair procedural standard. In this and other ways, Georgia’s death penalty subverts the Constitution and is further evidence that capital punishment should be abolished.”  Read full editorial below.

DPIC RESOURCES: New State Pages Now Available

DPIC is pleased to announce the completion of our State Information Pages for all 50 states and the District of Columbia.  These state profiles provide historical and current information on the death penalty for each state, including famous cases, past legislative actions, and links to key organizations and state officials.  For frequently updated information, such as execution totals, the size of death row, or the number of exonerations, see our State-by-State Database.  Readers are encouraged to send additional information, pictures, and links to organizations in their state.  You can reach the State Information Pages through the "State by State" button at the top of every page on our website or under the "Resources" tab in our main menu.

RELIGIOUS VIEWS: The Evolution of Catholic Teaching on Capital Punishment

John Garvey (pictured), president of the Catholic University of America, recently discussed the evolution of Catholic teaching on capital punishment.  Garvey said that while early Catholic Church leaders supported the use of the death penalty, the prevailing contemporary teaching on the subject clearly calls for "condemnation of executions."  Reflecting on the recent executions of Lawrence Brewer in Texas and Troy Davis in Georgia, Garvey wrote, “The church’s clear contemporary teaching is that Texas and Georgia should do so only if it was necessary to protect their people from further attacks. Given the quality of the state prison systems, it’s hard to make that claim.”  Garvey stated that the Church urges Catholics to resist the urge to seek revenge:  “The reason isn’t just that we might make a mistake, though we might. The reason is that human life is sacred because it results from the creative action of God. It is not our place to destroy it, though that might satisfy our desire for revenge.”  Read full op-ed below

COSTS: State Budget Cuts Affecting Prosecution and Defense Across the Country

Even as death penalty cases continue to absorb tens of millions of taxpayer dollars, state budget cuts are affecting courts, public defenders,and district attorney's offices across the country, raising concerns about delays and inadequate representation. Reduced budgets are impacting all aspects of the court system, including civil and criminal cases, and delaying death penalty cases. Prosecutors are forced to ignore some violations, judges are delaying trials, and in some cases, those charged with violent crimes have been set free because speedy trial requirements can't be met.  "It's extremely frustrating," said Scott Burns of the National District Attorneys Association. "Frankly, the people that do these jobs have a lot of passion. They don't do these jobs for the money. They are in America's courtrooms every day to protect victims and do justice.  And they're rewarded with terminations, furloughs and cuts in pay."  On the defense side, in the last three years, Georgia has cut funding for the Georgia Resource Center, which represents indigent death penalty defendants in post-conviction proceedings, by $250,000, forcing the center to reduce its staff. "We've been running on a shoestring for years and we are minimally available to take care of all the guys on death row," said Brian Kammer, the center's executive director. "But with this kind of funding loss, we're getting crippled."

NEW VOICES: Former Georgia Prison Warden Discusses Impact of Executions on Officers

Dr. Allen Ault (pictured), a retired Georgia prison warden, recently appeared on MSNBC's Rachel Maddow Show, discussing the effects of carrying out executions on prison workers.  Dr. Ault was one of six retired prison wardens who had urged Georgia corrections officials and Governor Nathan Deal to do what they could to halt the execution of Troy Davis.  Davis was executed on September 21, 2011.  Dr. Ault discussed the difficult questions prison officials face when participating in an execution.  He said, "You're killing somebody.  And there`s no denying that.  And especially when we know that several people have been declared innocent with the new scientific techniques, and we're not real sure if the individual we're executing this evening or next week is really guilty - that in itself, that kind of doubt.  The other thing most of us know [is] all the research which indicates that capital punishment does not deter... it seems so illogical to say to the public we do not want you to kill, and to demonstrate that, we're going to kill individuals." Dr. Ault also recounted his experience with victims' family members after an execution: "In every execution that I attended, I spent time with the victim's family.  And most of the victims' families that I talked with, they thought they were going to get a lot of relief or closure from the execution. And in most cases, they did not."

NEW VOICES: Alec Baldwin's Views on the Death Penalty in the Wake of Troy Davis Execution

A recent article by Alec Baldwin (pictured) in the Huffington Post offered the actor's reflections on the execution of Troy Davis in Georgia.  Baldwin said that his position on the death penalty "has little to do with opposition to any 'eye for an eye' sentiments," but instead, "It has to do specifically with the misapplication of the death penalty in terms of race, in terms of the potency of court-appointed counsel and in terms of the admission of DNA evidence in cases where tragically slipshod work by police and prosecutors is undone by modern technology."  Baldwin said that concern for wrongful executions was a significant reason that led to his opposition of capital punishment, even though some crimes evoked an emotional desire for executing the offender.  He concluded, "The death penalty costs us a lot money. . . . The death penalty costs us more money than it costs to house an inmate for life. We don't want to kill innocent people. And we don't need to kill the guilty ones either."  Read full text below.

RELIGIOUS VIEWS: Over 150 Catholic Theologians Call for Repeal of the Death Penalty

In response to the executions of Troy Davis and Lawrence Brewer on September 21, over 150 Catholic theologians have signed a statement calling for the abolition of the death penalty in United States.  The theologians stated: "[W]e oppose the death penalty, whether a person on death row is guilty or innocent, on both theological and practical grounds. While we especially deplore and lament the killing of Troy Davis, we also decry the death sentences of the more than 3,200 inmates on death row and the 1,268 executions since the death penalty was reinstated by the Supreme Court in 1976. We urge our nation to abolish capital punishment, and we also implore our churches to work unwaveringly to end it as well as all other threats to human life and dignity."  The statement cited former Supreme Court Justice William Brennan, who wrote, "The death penalty is imposed not only in a freakish and discriminatory manner, but also in some cases upon defendants who are innocent."  The theologians also pointed to studies showing racial and economic bias in the death penalty system and to past statements from the U.S. Council of Catholic Bishops and the Pope.  Read full statement below.

EDITORIALS: New York Times: "An Indefensible Punishment"

The lead editorial in the New York Times on September 26 called for an end to the death penalty because, the editors said, it cannot be made to comply with the U.S. Constitution.  The editoral reviewed the 35-year history since the death penalty was reinstated in 1976 and concluded, "The death penalty is grotesque and immoral and should be repealed."  The paper pointed to the recent case of Troy Davis, who was executed on September 21 in Georgia, and to the continuing arbitrariness in the way the death penalty is applied.  It also highlighted the ongoing problems of racial bias, the risk of executing the innocent, and the poor quality of representation in capital cases. The death penalty, they said, is driven by political misuse: "Politics ... permeates the death penalty, adding to chances of arbitrary administration. Most prosecutors in jurisdictions with the penalty are elected and control the decision to seek the punishment. Within the same state, differing politics from county to county have led to huge disparities in use of the penalty, when the crime rates and demographics were similar."  Citing statistics from DPIC's List of Exonerations, the editorial noted, "Under this horrifying system, 17 innocent people sentenced to death have been exonerated and released based on DNA evidence, and 112 other people based on other evidence. All but a few developed nations have abolished the death penalty," and concluded,  "It is time Americans acknowledged that the death penalty cannot be made to comply with the Constitution and is in every way indefensible."  Read full op-ed below.

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