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LAW REVIEWS: "Oregon's Death Penalty: The Practical Reality"

A recent article by Professor Aliza Kaplan (pictured) of the Lewis & Clark Law School examines Oregon's death penalty in light of the action take by the state's governor, John Kitzhaber, to halt all executions. The article explores the history of Oregon's death penalty, the risk of wrongful convictions, and the costs associated with maintaining capital punishment. Kaplan found that executions are carried out very rarely, and, since 1976 only in instances where the inmate waived his appeals. According to one estimate cited by Kaplan, the cost of putting a person to death in Oregon is at least 50% more, and may be up to five times as much as the cost of a life without parole sentence. For example, Oregon taxpayers have paid approximately $2.2 million on the case of Randy Lee Guzek, who has been on death row for 24 years and is still not at the end of his appeals. Kaplan concludes, "While capital punishment remains on the books in Oregon, it is carried out rarely and only for volunteers; it moves at a snail's pace and is absorbing millions of dollars. Oregon's death penalty is long overdue for an examination as a public policy; its problems and alleged benefits should be weighed."

ARBITRARINESS: Death Penalty Does Not Fall on Worst Offenders

In cases with multiple defendants, the "worst" offender does not always receive the worst punishment. For example, in Arizona, Patrick Bearup (pictured) was the only one among four co-defendants to receive the death penalty, even though he was not directly involved in killing the victim. The other three defendants, one of whom instigated the offense, another of whom beat the victim with a baseball bat, and a third who shot the victim, were able to secure plea bargains, avoiding trial. Two of them are likely to be released within 15 years. According to Dale Baich of the federal public defender's office in Arizona, of the six inmates executed there in 2012, four were equally or less culpable than their co-defendants, and 3 of those 4 co-defendants have already been released. A judge who reveiwed Bearup's case, criticized the prosecutor for pursuing the death penalty against a man who “even under the state’s theory, did not cause the physical death” of the  victim. The judge nevertheless upheld the death sentence. In another Arizona county, the prosecutor announced the county could only afford one death penalty case at a time, thereby ending a capital prosecution in an egregious murder, while pursuing it in a comparable case. Christopher Dupont, a lawyer in Arizona said, “Do people who commit equally heinous crimes get the same results? The answer is unquestionably no. It’s a total mystery who is going to face the death penalty and who is not.”

INNOCENCE: Alabama Lawmakers Unanimously Vote to Pardon Scottsboro Boys

On April 4, the Alabama House of Representatives voted 103-0 in favor of a bill to posthumously pardon the "Scottsboro Boys," nine black teenagers who were wrongfully convicted of the rape of two white women in 1931. The bill passed the Senate by a vote of 29-0, and Gov. Robert Bentley has indicated he will sign it. All but one of the group were sentenced to death by all-white juries with virtually no legal representation. The military had to protect them from angry mobs. They lingered on death row for years. Eventually, after several arguments in the U.S. Supreme Court on the right to counsel and proper selection of juries, all of them were freed without execution. Through the years of appeals, one of the women who accused the group of rape recanted and said the claim was a lie. Sen. Arthur Orr, a Republican sponsor of the bill, said, "Their lives were ruined by the convictions. By doing this, it sends a very positive message nationally and internationally that this is a different state than we were many years ago." The last of the group of defendants died in 1989. (photo: Brown Brothers, Sterling, PA).

NEW VOICES: Questioning the Decision to Seek the Death Penalty Against James Holmes

Criminal Justice Professor James Acker of the University at Albany recently discussed the decision by the District Attorney to seek the death penalty against James Holmes, the man accused of killing 12 people and wounding many others at a movie theater in Aurora, Colorado. In addition to concerns about the defendant's possible mental illness, Acker raised a number of questions about this course of action: "Will the victims and their families somehow be made whole? Would the time and money devoted to achieving this man's death not be better spent on services and law enforcement initiatives meant to repair and prevent the mindless devastation of criminal homicide? Would this man's execution serve an ineffable impulse for justice?" In his op-ed for CNN, Acker also examined the reasons for the dramatic decline in the use of the death penalty in the U.S.: "a revulsion against the awful prospect of executing an innocent person; the racial and social class inequities imbued in the death penalty's administration; the enormous financial burden placed on state and local budgets in supporting capital prosecutions; the availability of life imprisonment without parole to keep the streets safe." He concluded by asking, "[W]hat good would be accomplished through this ritual act--[and would] the lives of the individual victims and Coloradoans generally [] be made better, and justice served by his lethal injection." Read the full op-ed below.

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%.

RESOURCES: "Handbook of Forensic Psychiatric Practice in Capital Cases"

A new international manual covering psychiatric and psychological issues arising in capital cases has been prepared by a team of forensic psychiatrists for use by attorneys, judges, and mental health officials. The Handbook of Forensic Psychiatric Practice in Capital Cases sets out model structures for psychiatric assessment and report writing for every stage of a death penalty case, from pre-trial to execution. It also discusses ethical issues, particularly with regard to an inmate's competence to be executed. The handbook is published by The Death Penalty Project (DPP) and Forensic Psychiatry Chambers, both based in England. It is available online or in print from DPP.

NEW VOICES: Editorial Signals a Change in Position in Nebraska

A recent editorial in the Nebraska Star-Herald indicated a shift in its position on capital punishment. Although the paper has always supported the death penalty in the past, its latest editorial described the death penalty as "a mockery of justice" and a "charade." The editors continued to express the belief that some murderers might deserve capital punishment, but the infrequency and unpredictability of executions led them to conclude that "[S]o few killers are actually put to death that it’s become a judicial aberration." The paper pointed out that "only three people have been put to death since 1976" and "[n]one of the current 11 death row inmates are scheduled for execution," leading them to the position that "Maybe it’s time to put an end to the charade." Read the full editorial below.