News and Developments 2007: Sentencing

DPIC Releases 2007 Year End Report Noting Decline In Death Penalty

The Death Penalty Information Center has released its 13th annual Year End Report, noting that executions have dropped to a 13-year low as a de facto moratorium took hold in the wake of the U.S. Supreme Court’s examination of lethal injection procedures. Death sentences have also dropped considerably in recent years.  DPIC projected 110 new death sentences in 2007 - the lowest number since the death penalty was reinstated in 1976, and a 60% drop since 1999.

ARBITRARINESS: In the Leading Execution State, Many Receive Probation for Murder

In a recent investigation published in The Dallas Morning News, researchers found that 120 defendants convicted of murder in Texas between 2000 and 2006 received only a sentence of probation. In Dallas County, twice as many convicted murderers were sentenced to probation as were sent to death row. Typically in these cases, a defendant pleads guilty to murder, receives probation, and, with good behavior, can have the murder charged wiped from his or her record.

China Reports Fewest Death Sentences in a Decade

China reported that the number of people sentenced to death in 2006 was the lowest in nearly a decade, and officials project that this trend will continue in 2007. According to a state media report, during the first five months of 2007, the number of death sentences handed out in cases of first instance dropped approximately 10% from the same time in 2006. The decline stems from a key legal reform requiring that all death sentences be approved by the Supreme People's Court, a change made in response to widespread concerns about wrongful convictions.

"Among the death penalty cases the Supreme People's Court reviewed from January to July, a relatively large proportion was not given approval. That is to say, executions would have been authorised (by provincial courts) if the final review power had not been taken back [by the Supreme Court]," Jiang Xingchang, vice president of the top court, told Outlook Weekly magazine.

Arizona's Death Penalty Five Years After Supreme Court's Ring Decision

In 2002, the U.S. Supreme Court decided in Ring v. Arizona that the Sixth Amendment's guarantee of a jury trial included the determination of whether sufficient aggravating factors existed to make a defendant eligible for the death penalty. Now, five years later, the man at the center of this case - Timothy Ring - has been re-sentenced to life without parole.

Ring's case is among 27 Arizona death penalty cases affected by the Supreme Court's ruling and re-examinated by the Arizona Supreme Court. The Court has upheld only 2 of the 27 death sentences it has reviewed. Four defendants, including Ring, were allowed to stipulate to life sentences. One person pleaded guilty to a lesser charge and received a 25-year sentence. Ten cases were sent back to trial, resulting in 5 death sentences and 5 life sentences. Another 10 cases are yet to be resolved.

NEW RESOURCE: "Uneven Justice: State Rates of Incarceration by Race and Ethnicity"

Uneven Justice: State Rates of Incarceration by Race and Ethnicity is a new report by The Sentencing Project that examines the racial and ethnic dynamics of incarceration in the U.S. with tables by state and by race. The report notes that African Americans are incarcerated at nearly 6 times the rate of whites and Hispanics are incarcerated at nearly double the rate of whites.