Kathleen Garcia, a victims' advocate and expert on traumatic grief, recently shared her opinions on the death penalty in New Hampshire, a state that is studying the issue through its Commission on Capital Punishment. Garcia, a member of New Jersey's Death Penalty Study Commission, wrote, "Make no mistake – I am a conservative, a victims’ advocate and a death penalty supporter. But my real life experience has taught me that as long as the death penalty is on the books in any form, it will continue to harm survivors. For that reason alone, it must be ended." Garcia suffered through the murder of a family member in 1984, but has found the death penalty to be much more harmul than helpful: "It is my opinion, as well as the view of other long-standing victim advocates throughout New Jersey, that our capital punishment system harmed the survivors of murder victims. It may have been put in place to serve us, but in fact it was a colossal failure for the many families I serve."
Mark White, former governor of Texas and a death penalty supporter, recently wrote an op-ed in the National Law Journal calling for a new trial for Charles Hood, a Texas death row inmate whose trial was compromised by the fact that the prosecutor and the trial judge had been in an intimate relationship prior to the trial. As former Gov. White explained, "The judge and the prosecutor at Hood's trial had a long-term secret affair prior to the trial and concealed the relationship for 20 years. This was a secret that the pair kept even when they knew Hood was on the brink of execution and was trying to verify the rumors of the relationship." The Texas Court of Criminal Appeals granted a new sentencing hearing for Hood on grounds of improper jury instructions, but refused to address the conflict of interest caused by the long-term, extra-marital affair. White writes, "The trial judge and the prosecuting attorney's affair breaches every standard of fairness that you would expect a defendant to receive during a capital case or, for that matter, a noncapital case. Hood could not have gotten a fair trial under these circumstances." The former governor also voiced his concern about the fallibility of this system: "Hood's case shows, at the most basic level, that there are huge flaws in our procedures and human frailties in the people who administer them." Read full op-ed below.
The Chief Justice of the Georgia Supreme Court recently warned that cuts to the state budget are making it increasingly difficult for courts to carry out their constitutionally mandated duties. Chief Justice Carol Hunstein stated that the court's backlog has grown as money has dwindled. "The consequences of these cuts … hit everyone, threatening the basic constitutional rights of civil litigants and criminal defendants as core court functions go by the wayside." Death penalty cases, which are among the most expensive cases in the justice system, are frequently being delayed. Justice Hunstein noted that one superior court judge has 16 death penalty cases still pending, partly because of the elimination of funding for senior judges. "The need for justice does not diminish with a shrinking economy," Hunstein said. "Indeed as our caseloads attest, it grows ... our citizens suffer when business and personal disputes are not heard and resolved. Our public safety is at risk when crimes are not prosecuted, and criminals are not punished." In Fulton County, there are currently 183 murder cases awaiting trial, half of which are more than a year old. Chief Judge Dee Downs said of the situation, "This isn't justice. We're losing the rule of law." At the high court, the justices recently had to return a desperately needed copy machine because of budget cuts.
The results of a poll of police chiefs recently featured in DPIC's report "Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis" is now available in the form of a slide presentation on the Web, suitable for use in workshops or discussion groups. The poll, commissioned by DPIC and conducted by R.T. Strategies of Washington, DC, surveyed a national sample of 500 randomly selected U.S. police chiefs on questions regarding the death penalty and reducing violent crime. Although the police chiefs did not oppose the death penalty philosophically, they found it to be an ineffective crime fighting tool. Among those surveyed, only 1% of the chiefs listed greater use of the death penalty as the best way to reduce violence. The poll also showed police chiefs ranking the death penalty as the least efficient use of taxpayers' money among programs to fight crime. Most of the police chiefs did not believe the death penalty acts as a deterrent to murder.
Sam Millsap, a former Texas district attorney from San Antonio, recently called for DNA testing in the case of Hank Skinner, who is scheduled for execution on March 24. Texas has so far refused to conduct additional DNA tests on critical evidence from the crime scene that could support Skinner's claim of innocence. For the last decade, the state has blocked DNA testing of key pieces of evidence, including a knife that might be the murder weapon and a man's windbreaker found next to the victim's body, which had blood, sweat and hair on it. Skinner's trial attorney failed to investigate another potential suspect, a man who was a relative of the victim and wore a windbreaker like the one found at the murder scene. Millsap stated, "Since 1973, 139 people in 26 states have been released from death row based on evidence of their innocence. Eleven of them were in Texas. Many of these people were freed because of DNA evidence. But DNA testing works only if we use it … It is cases like Skinner's that ended my lifelong support for the death penalty. Any system driven by the decisions of human beings will produce mistakes." Read full text below.