Nebraska's unicameral legislature recently voted 30-13 in favor of repealing the State's death penalty, advancing the bill to a second round of legislative review. (In Nebraska, a bill must pass three times before it is sent to the Governor.) A majority (17 out of 30) of Republican legislators voted in favor of the bill, which was also supported by 12 Democrats and one Independent legislator. Sen. Colby Coash (R-Lincoln), said, "If any other system in our government was as ineffective and inefficient as is our death penalty, we conservatives would have gotten rid of it a long, long time ago." Sen. Tommy Garrett (R-Papillion) said he was once a "staunch proponent" of capital punishment, but, "I’ve come to believe that the death penalty is simply not good government.” A Washington Times op-ed by conservative commentator Drew Johnson noted that Nebraska's repeal bill has support from victims' families, the Catholic Bishops of Nebraska, and Nebraska Conservatives Concerned about the Death Penalty. Johnson also pointed to the DNA exonerations of the "Beatrice Six," who gave coerced confessions and pleas after being threatened with the death penalty, as evidence that "government has no business exercising the power to kill its residents, whether in Nebraska or elsewhere." A recent Pew poll showed that support for the death penalty among conservative Republicans had dropped by 7 percentage points since 2011.
Four retired death-row prison officials - two wardens, a chaplain, and an execution supervisor - recently described the effect that carrying out executions has had on them. Frank Thompson (pictured), who served as a warden in Oregon and Arkansas, said he believed in capital punishment until he thought "about those flaws in the back of my mind that I knew existed with capital punishment. It’s being administered against the poor; it lacks proof that it deters anything." He trained his staff to carry out executions, but, "I realized that I was training decent men and women how to take the life of a human being. In the name of a public policy that after all these years couldn’t be shown to increase the net of public safety." Terry Collins spent over 32 years working in corrections, including time as the director of the Ohio Department of Rehabilitation and Correction. He said seeing exonerations gave him concerns about the death penalty: "[T]the system does make mistakes. I don’t think you can make a mistake when you’re talking about somebody’s life." Jerry Givens, who oversaw 62 executions in Virginia, raised similar concerns, "I knew the system was corrupted when we exonerated Earl Washington Jr. from death row...You have two types of people on death row. The guilty and the innocent. And when when you have the guilty and the innocent, you shouldn’t have death row." Rev. Carroll Pickett was a chaplain on Texas's death row for 15 years and during 95 executions. He commented, "Standing by the gurney almost 100 times, and watching innocent men killed, watching repentant men killed, and seeing the pain among families and men and my employee friends, cannot leave my memories."
In a recent op-ed in The Hill, three leading pharmacists wrote in support of the resolution by the American Pharmacists Association (APhA), discouraging pharmacist participation in executions. Leonard Edloe, former CEO of Edloe's Professional Pharmacies, William Fassett (pictured), professor emeritus of pharmacology at Washington State University, and Philip Hantsen, professor emeritus at the University of Washington School of Pharmacy, wrote, "The healthcare community is now united in opposition to involvement in lethal injection, a form of execution that masquerades as a medical procedure yet violates core values of all healing professions." They warned that lethal injections without the appropriate drugs, personnel, and procedures, would be "brutal and unpredictable charades that shame this nation." The op-ed emphasized the overwhelming support of APhA members in adopting the resolution: "While APhA was engaged in developing the policy revision, problems associated with using experimental drug protocols became glaringly visible, particularly after the Clayton Lockett execution debacle in Oklahoma. By the time the APhA House of Delegates met in March 2015, there was very little disagreement among APhA member pharmacists that the proposed policy should be adopted, and no House of Delegates member spoke against its passage during final deliberations." Read the op-ed below.
(Click image to enlarge) The Atlantic reports that death sentences are heavily concentrated in a small number of heavy-use counties. According to DePaul University law professor Robert J. Smith, "1 percent of counties accounts for roughly 44 percent of all death sentences" since the reinstatement of the death penalty in 1976. Death-sentencing rates in those counties are not a product of their population or murder rates, Smith points out. For example, from 2004 to 2009, "Miami-Dade County (Florida), which has a population of approximately 2.5 million, only sentenced four people to death, whereas Oklahoma County, which has a population of approximately 750,000, sentenced eighteen people to death." DPIC's 2013 report, "The 2% Death Penalty," found that, "Houston had 8 percent more murders than Dallas, but 324 percent more death row inmates; 15 percent more murders than San Antonio, but 430 percent more death row inmates." The county disparities come from prosecutorial discretion, which allows local prosecutors to determine when to seek the death penalty. In some counties, Washington Post reporter Radley Balko reported, "a toxic culture of death and invincibility" values convictions and death sentences above all else. In 2007, Orleans Parish (Louisiana) Assistant District Attorney James Williams said, "There was no thrill for me unless there was a chance for the death penalty."
Sentence Reversal, Exoneration, and Natural Death More Likely Than Execution For Pennsylvania Death Row InmatesPosted: April 21, 2015
(Click on image to enlarge). According to Bureau of Justice Statistics, Pennsylvania is less likely to execute a death row inmate than any other state that has carried out any executions. A Reading Eagle analysis of BJS data from 1973 through 2013 shows that the Commonwealth has executed fewer than 1% of all death-sentenced defendants since 1973, with execution the least likely of 5 possible outcomes for people sentenced to die. Nationally, 16% of those sentenced to death have been executed. The most likely outcome for defendants sentenced to death in Pennsylvania is that their conviction or death sentence will be reversed, as is also the case nationally. However, in Pennsylvania exoneration and death by natural causes or suicide are also more common than execution. Since 1994, when death sentences peaked in Pennsylvania, the average number of removals from death row per year has doubled. The Reading Eagle reports that homicides across the state fell to a ten-year low in 2013, a period in which Pennsylvania carried out no executions. Three years ago, the Pennsylvania state legislature ordered a task force to study the state's problems in applying capital punishment, including costs, fairness in sentencing, and quality of representation. That report is expected later this year. Governor Tom Wolf has halted all executions in the state at least until the report is issued and problems are addressed. Recent polls indicate that a majority of Pennsylvanian's now favor some form of a life sentence over the death penalty.
(Click on image to enlarge). The Federal Bureau of Investigation has formally acknowledged that examiners from the FBI Laboratory's microscopic hair comparison unit for decades provided flawed forensic testimony purportedly matching crime scene hair evidence to the hair of defendants charged with those crimes. As part of an ongoing review of inaccurate forensic evidence, the FBI admitted that, In the 268 trials examined so far, its forensic experts systematically overstated the certainty of matches between crime scene hair evidence and defendants' hair. That flawed testimony favored prosecutors more than 95% of the time. The FBI admitted providing inaccurate expert testimony in 32 capital trials in which defendants were sentenced to death, including 10 cases from Florida and 5 each from Pennsylvania and Texas. 9 of the defendants -- including all 5 from Texas -- have since been executed. Studies have shown that inaccurate forensic evidence is frequently present in innocence cases -- and improper hair comparison testimony may already have contributed to at least one wrongful execution. Senator Richard Blumenthal, a former prosecutor, said, “These findings are appalling and chilling in their indictment of our criminal justice system, not only for potentially innocent defendants who have been wrongly imprisoned and even executed, but for prosecutors who have relied on fabricated and false evidence despite their intentions to faithfully enforce the law.”
(Click image to enlarge) Polls released this week by Pew Research Center and CBS News show that public support for the death penalty has declined to near historic lows. Both polls reported that 56% of Americans support the death penalty. That is the lowest level of support ever recorded by the CBS News poll, and near the lowest level reported by Pew in the last 40 years. The Pew poll examined levels of support by political party and found that the decline in support for the death penalty is particularly striking among Democrats, with just 40% saying they support it now, compared to 71% who did in 1996. While 63% viewed the death penalty as a morally justified punishment for murder, most (71%), said there is some risk of executing innocent people, and 61% said they do not believe it deters serious crimes. Support for the death penalty is lowest among racial minorities (34% of blacks and 45% of Hispanics support it), women (49%), and Catholics (53%). Large drops in support for the death penalty between 2011 and 2015 were reported among liberal Democrats (11 percentage points), women (10 points), those under age 30 (8 points), and conservative Republicans (7 points).
On April 10, the Tennessee Supreme Court canceled the execution dates for all four Tennessee death-row inmates currently under death warrant, and returned their cases to the lower courts to address the inmates' challenges to the state's lethal injection procedures. The executions had been scheduled for October 2015 through March 2016. Tennessee has not carried out an execution since 2009, but the state announced in 2013 that it would switch from a three-drug lethal injection protocol to a one-drug protocol using pentobarbital. Because of difficulties obtaining lethal injection drugs, Tennessee also passed a law in 2014 permitting the use of the electric chair if lethal injection drugs are not available. A group of inmates are currently challenging the constitutionality of Tennessee's lethal injection protocol as constituting cruel and unusual punishment, and the inmates have also challenged the State's use of the electric chair. The Tennessee Supreme Court is expected to decide soon if it will review the inmates' challenges to the electric chair.
VICTIMS' FAMILIES PERSPECTIVES: Families of Massachusetts Murder Victims Speak Out on Penalty for TsarnaevPosted: April 15, 2015
UPDATE: "Family members of two Massachusetts murder victims, including the police officer who was killed by the Tsarnaevs, have spoken out concerning their views on the sentence they believe should be imposed on Dzhokhar Tsarnaev in the Boston Marathon bombing. Now Bill and Denise Richards, parents of 8-year-old Martin Richards, the youngest victim killed in the Boston Marathon bombing, have added their voices and called on federal prosecutors to drop the death penalty in exchange for termination of all appeals in the case. In a statement in the Boston Globe, the Richards write: "the story of Marathon Monday 2013 should not be defined by the actions or beliefs of the defendant, but by the resiliency of the human spirit and the rallying cries of this great city. We can never replace what was taken from us, but we can continue to get up every morning and fight another day. As long as the defendant is in the spotlight, we have no choice but to live a story told on his terms, not ours. The minute the defendant fades from our newspapers and TV screens is the minute we begin the process of rebuilding our lives and our family.
EDITORIALS: New York Times Sees "Alarming" Link Between Official Misconduct and Death Penalty MistakesPosted: April 14, 2015
In an editorial on April 13, the New York Times described the death penalty as "cruel, immoral, and ineffective at reducing crime" and called it "so riddled with error that no civilized nation should tolerate its use." The Times described how prosecutorial misconduct and an "all-too-common mind-set to win at all costs" played a substantial role in the convictions of many of the 152 innocent men and women who have been exonerated after beingly wrongly sent to death row and had contributed to the execution of at least two death-row inmates who almost certainly were innocent. "Innocent people get convicted for many reasons, including bad lawyering, mistaken identifications and false confessions made under duress," the editorial said. "But as advances in DNA analysis have accelerated the pace of exonerations, it has also become clear that prosecutorial misconduct is at the heart of an alarming number of these cases." The Times noted that "In the past year alone, nine people who had been sentenced to death were released — and in all but one case, prosecutors’ wrongdoing played a key role." Read full editorial below.