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NEW VOICES: Oregon Supreme Court Justice Suggests Constitutionality of Capital Punishment is Ripe for Review

Oregon Supreme Court Justice Martha Walters recently suggested that it is time to review the constitutionality of the death penalty.  Concurring in Oregon v. Michael Davis, Justice Walters wrote, “When presented with the opportunity to do so, I urge this court to consider our state’s experience in imposing the death penalty and to examine its constitutionality anew.“ Justice Walters acknowledged that the death penalty has been upheld in the past, but noted that the times had changed and that other judges were also calling for a review: “Recently, jurists who had voted many times to affirm sentences of death have reassessed the constitutionality of the death penalty in light of their experiences with its administration and objective evidence of the evolving standards of decency.”  She continued, “This court also has emphasized that the pull of precedent ‘is strong, but it is not exorable.’  The degree to which any opinion binds future tribunals ‘depends, of necessity, on [that opinion’s] agreement with the spirit of the times or the judgment of subsequent tribunals upon its correctness as a statement of the existing or actual law.  The strength of the bond of an earlier ruling is directly proportionate to the moral and intellectual authority that continues to inform our understanding of that earlier holding.” 

EDITORIALS: Washington Post Calls for an End to Capital Punishment in Maryland

A recent editorial in the Washington Post cited trends and statistics from DPIC's 2008 Year End Report in calling for an end to the death penalty in Maryland.  The paper urged Maryland lawmakers to "heed the march of history" and noted that use of the death penalty is declining around the country: "According to the Death Penalty Information Center, a nonprofit organization that studies capital punishment, executions nationwide reached a 14-year low in 2008, with only 37 executions carried out, compared with 42 in 2007. A full 95 percent of these executions took place in Southern states, with Texas once again earning the dubious distinction as leader of the pack, with 18 executions -- or nearly 50 percent of all executions in the country."  The editorial also cited recent findings from the bipartisan Maryland Commission on Capital Punishment, noting that it found “clear cut evidence that capital punishment in the state neither deters crime nor provides a sense of closure for victims’ families.” 

The full editorial may be found below:

Number of Police Officers Killed by Gunfire is Lowest in 50 Years

The number of police officers killed by gunfire in 2008 dropped by 40% from 2007, down to its lowest level in more than 50 years, according to a report by the National Law Enforcement Officers Memorial Fund.  The report attributed the decline to a new emphasis on officer safety training and equipment.   In addition to increased training, more officers are wearing body armor and using stun guns to protect themselves. The overall number of officers killed in the line of duty also declined in 2008.

Executions Slowed in 2008, But Numbers May Increase in Coming Year

The Death Penalty Information Center's Year End Report for 2008 recorded 37 executions for the year that ends today.  That is a 12% drop from the 42 executions in 2007.  However, based on executions already scheduled for 2009, the coming year may see an increase.  There are 23 executions scheduled for the first five months of 2009, and more dates are likely to be added.  As was true in 2008, almost all the executions scheduled are in the south and about half (12 of 23) are in Texas.  Although the time between sentencing and execution has grown longer, the size of death row has remained relatively stable and many inmates are running out of appeals.

EDITORIALS: Death Penalty Moratorium Needed in Texas

The Dallas Morning News renewed its call for a moratorium on executions in Texas because of the numerous errors in the state's death penalty system.  The paper highlighted the cases of Michael Blair and Charles Hood as examples of how the system has broken down.  Blair was exonerated in 2008 after 14 years on death row.  DNA evidence revealed that he had not been the murderer of 7-year-old Ashley Estel in 1993, despite the fact that the jury had taken only 27 minutes to convict him, and that he may have been guilty of other crimes.  Charles Hood remains on Texas' death row, even though the fairness of his trial was completely compromised by the fact that the judge and the prosecutor admitted to having an illicit sexual affair.

Top Medical Officer Resigns Over Participation in Executions

The top medical officer for the Department of Corrections in the state of Washington has resigned in order to avoid any participation in the state's execution process.  As the doctor responsible for preparing others to carry out lethal injections, Dr. Marc Stern concluded that his ethical obligations as a physician required that he recuse himself from such actions and that resigning was the only way to fully remove himself from this process. Dr. Stern, who supervised 700 employees around the state, said that the American Medical Association and the Society of Correctional Physicians oppose physician involvement in executions, "and they say physicians should not supervise somebody who is involved in executions."

NEW VOICES: One Year Later, New Jersey Prosecutors Find No Problem with Abolition of Death Penalty

In December 2007, New Jersey became the first state to legislatively abolish the death penalty in 40 years.  In commenting on the absence of capital punishment for one year, a number of state prosecutors found no problems with the new system.  "We have not viewed it as an impediment in the disposition of murder cases," said Hudson County Prosecutor Edward DeFazio, who served on a state study commission that reviewed the death penalty. "As a practical matter, we have really seen no difference in the way we conduct our business in prosecuting murder cases."

 

Louisiana Must Pay $14 Million to Man Exonerated From Death Row

The U.S. Court of Appeals for the Fifth Circuit upheld a $14 million award to John Thompson, a former death row inmate in Louisiana who was exonerated after withheld evidence was revealed.  Thompson spent 18 years in prison, including 14 years in the solitary confinement of death row in Angola Prison.  He came within one month of being executed in 1999 when his attorneys discovered blood evidence that should have been turned over to the defense years ago.  The new evidence cleared Thompson of an armed robbery conviction, which in turn had influenced his trial for an unrelated murder.  At his re-trial on the capital murder charge, Thompson was acquitted in thirty-five minutes by a jury in 2003.  Thompson sued the District Attorney's Office of Orleans Parish in 2003 and won a jury verdict in 2007.  The jury also awarded $1 million for attorneys' fees.

NEW VOICES: Police Chief Says Death Penalty Hurting Public Safety

Ray Samuels, a police officer for 33 years and Chief of Police in Newark, California, for 5 years, recently expressed concern that state budget cuts will prevent important crime-fighting measures from being passed, while an expensive death penalty continues to drain the state's finances.  In an op-ed in the Contra Costa Times, Samuels wrote:

Local jurisdictions are likely to lose a significant amount of state funding this year because of the severe financial crisis. This funding helps cities and counties provide essential services in the areas of public safety, emergency services, and health and children's services. Without it, our communities will no doubt suffer dire consequences. At the same time, we continue to waste hundreds of millions on the state's dysfunctional death penalty. If we replaced the death penalty with a sentence of permanent imprisonment, the state would save more than $125 million each year. We haven't had an execution in California for three years. Are we any less safe as a result? I don't think so.


Death Penalty Sentences Have Dropped Considerably in the Current Decade

Compared to the 1990’s, there has been a marked decline in death sentences in the U.S. since 2000. Every region of the country and every state that averaged one or more death sentences per year have seen a decline in the annual number of death sentences. The chart below compares the annual number of death sentences in each state in the 1990s with the 2000s. North Carolina, California, Florida, and Texas experienced the greatest declines in sentencing.  This issue and others are addressed in the Death Penalty Information Center’s Year End Report, released December 11, 2008.

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