Articles

Texas Judge Recommends New Trial in Death Penalty Case where Judge and Prosecutor Had Secret Affair

A judge in Texas has recommended that the claim of an unfair trial brought by death row inmate Charles Hood should go forward because the trial judge and prosecutor had a secret romantic relationship that they hid from the defendant before, during, and after his trial.  CBS News Legal Analyst Andrew Cohen reported on the story, writing, “Hood's judge and prosecutor lied, over and over again, to hide their affair. Any blame for the delay in bringing justice to Hood is their fault, not his, and Texas would be better off acknowledging that now.”  Judge Brewer of the Collin County District Court found that the trial judge and prosecutor, "wrongfully withheld relevant information from defense counsel prior to and during the trial, the direct appeal, the state habeas proceedings, the federal habeas proceedings, and the successive state habeas proceedings."  He recommended that Hood be granted a new trial.  

 The case will now be reviewed by the Texas Court of Criminal Appeals.  Cohen’s full article may be read below:

The Angolite Reviews Developments in Capital Punishment

The Angolite, an award-winning magazine produced by the inmates at Angola Prison in Louisiana, recently published an extensive review of the developments in the death penalty in 2008.  The article by Lane Nelson addressed nationwide trends, Supreme Court decisions, the issues of cost, the risks of executing innocent people, and the problem of inadequate representation.  The article concluded, “[N]ational debates, legislative studies, court rulings and blue-ribbon commission recommendations in 2008 clarified even more reasons why capital punishment is an unworkable system.” 

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Evolving standards of decency? The Death Penalty in the USA in 2008

by Dr. Andrew D. Moran
London Metropolitan University
American Politics Group Annual Conference
St. Anne’s College, University of Oxford
8th – 11th January 2009
E-mail: a.moran@londonmet.ac.uk

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RESOURCES: The Angolite Explores Capital Punishment Internationally

The prison news magazine The Angolite features an in-depth piece on the use of capital punishment around the world in its recent isssue. Citing a 2008 Amnesty International report, the article notes that China, Iran, Pakistan, Iraq, and the United States lead the world in executions.  Japan, the only other industrialized democracy besides the U.S. that uses capital punishment, averages five executions a year but is known for inhumane death row conditions.   Author and inmate Lane Nelson details the conditions, the methods, and the controversies surrounding capital punishment in China, Iran, and Japan. 

NEW RESOURCES: The Private Bar’s Efforts to Secure Proper Representation for those Facing Execution

Civil rights litigator and death penalty expert Ronald J. Tabak recently published “The Private Bar’s Efforts to Secure Proper Representation for those Facing Execution” in the Justice System Journal. The article presents an in-depth review of the American Bar Association’s (ABA) role in ensuring effective counsel in capital cases. Tabak recounts the ABA’s efforts since the mid-1980’s to secure competent representation at every state of legal proceedings, stating that “someone without counsel has little chance of securing redress for constitutional violations that may have tainted a conviction or death sentence.”

The article explores the particular problem that exists because the Supreme Court has not recognized a right to counsel in post-conviction proceedings. Death-sentenced inmates may lack representation after their trial and direct appeal even though the legal proceedings that follow would offer opportnities to challenge their convictions and death sentences. Mr. Tabak discusses the ABA’s efforts to find pro bono lawyers to represent death-sentenced inmates in post-conviction proceedings, federal habeas corpus proceedings, and clemency proceedings. “Dealing with the issues specific to capital cases, whether arising from the trial record or requiring further investigation, requires an expertise far beyond that of most criminal law practitioners--not to mention the civil lawyers who predominate among the volunteers whom the ABA recruits,” explains Tabak. If lawyers do not understand the complex procedures and rules of capital cases, it "can literally prove fatal to clients.”

ARTICLES:The Story of a Death Row Inmate Who Wanted to Die

In 1996, Illinois Governor Jim Edgar commuted the death sentence of Guin Garcia to life without parole, even though Garcia herself had stopped fighting for her life. Garcia would have been the first woman executed in the U.S. in twelve years. She had been convicted of killing the man who had physically abused her, but she had dropped her appeals because she said she was done “begging for her life.” Chicago Sun-Times reporter Carol Marin followed Garcia's case after the commutation and recently wrote about the changes in Garcia's life.

ARTICLES: Time Magazine: "This weighty moral issue. . . involves a lot of winging it.”

A recent article in Time Magazine by Editor-at-large David Von Drehle examines the current state of the death penalty in the United States at a time when the Supreme Court is considering the constitutionality of the most widely used method of execution--lethal injection. Von Drehle writes, “In a perfect world, perhaps, the government wouldn't wait 30 years and several hundred executions to determine whether an execution method makes sense. But the world of capital punishment has never been that sort of place.

RESOURCES: Leading Criminologist Recommends Halt to Executions as Public Policy Priority

The journal of Criminology & Public Policy recently asked leading experts to recommend important policy changes needed in the area of criminal justice and to provide the evidence to support such change. Although most of the articles addressed various prison and treatment issues, the first article by Prof. James Acker of the University at Albany called for an immediate moratorium on executions. Prof. Acker examines the United States' long history of grappling with the death penalty.

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