Studies

Death Sentences Declining in Texas

Inmates added to Texas death row by year:

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Death sentences have dropped significantly over the last few years in Texas according to a study by the Fort Worth Star-Telegram. The number of death sentences is at a 35-year low as prosecutors have pushed for fewer death sentences and juries have become less willing to impose them. Since 2005, defendants may receive a sentence of life without parole instead of the death penalty. Before this change, the only alternative to the death penalty in Texas was a life sentence with eligiblity for parole after 40 years, or even less in earlier years. Since the introduction of life without parole, death sentences in Texas have dropped 40 percent compared with the four years prior. Texas had 13 death sentences in 2008, and 9 so far this year. Ten years ago, Texas sentenced 47 defendants to death.

"With life without parole being a viable option now, [juries] feel a lot more comfortable that that person is not going to be let out back into society," said Tarrant County District Attorney Joe Shannon. "We are probably waiving the death penalty more times than we used to because we’re trying to forecast the outcome of the case. . . .It doesn’t translate to dollar bills. It translates into uses of limited resources."

The Death Penalty in the State of Washington

The Walla-Walla Union Bulletin is focusing on the state's death penalty in a 4-part series entitled, "Executing Justice." The series examines issues such as the costs of the death penalty, arbitrariness, and the appeals process. Washington currently has eight men on death row, and has not had an execution since 2001. In almost 30 years, there has been only one non-consensual execution.  Four defendants have been executed since the death penalty was reinstated in 1981, but three of the four defendants waived their appeals.  The paper cites a Washington State Bar Association report noting that of the 270 convictions for aggravated murder since 1981, the death penalty was sought 79 times, resulting in 30 death sentences. The majority of those cases were overturned on appeal, and most of those reversals resulted in life without parole sentences.  The Bar Association estimates that a death penalty case costs $754,000 more than other murder cases, not including the $100,000 associated with preparing for an execution.

STUDIES: Disparate Administration of the Military Death Penalty

A recent study of the military death penalty by Professor David Baldus revealed disparities depending on whether the victim in the underlying crime was also a member of the military or was a civilian.  The paper was co-authored by Professors Catherine Grosso and George Woodworth and will be published by the Michigan Journal of Law Reform.  The authors note that despite a 1984 executive order that "defined death eligible murder in the armed forces principally in terms of civilian murder modeled after state law systems," the military death penalty has been implemented in such a way that shows a large disparity between military murder and civilian murder. The study concluded that soldiers who are accused of civilian murder were less likely to face a capital court martial, to receive a capital conviction, and to be sentenced to death than soldiers who were accused of a military murder (murder of a commissioned or non-commissioned officer). "In this process," the report said, "the military death penalty has come to be used almost exclusively as a disciplinary vehicle to protect the authority and effectiveness of military command."

NEW RESOURCES: The Status of the Death Penalty in Countries Comprising the European Security Area

The OSCE (Organization for Security and Cooperation in Europe), the world's largest regional security organization comprised of 56 States including the U.S., recently published a 2009 Background Paper on The  Death Penalty in the  OSCE Area.  It was prepared by the OSCE's Office of Democratic Institutions and Human Rights (ODIHR), and updates the 2008 background paper of the same title.  The 2009 paper highlights the changes in status of the death penalty in participating OSCE states.  Of the 56 countries, only the U.S. and Belarus retain an active death penalty.  The Russian Federation and Tajikistan retain the death penalty but are not carrying out executions.  The full text of the paper can be found in English and Russian on ODIHR's publication page.

Leading Law Group Withdraws Model Death Penalty Laws Because System is Unfixable

The Council of the American Law Institute (ALI) recently voted to withdraw a section of its Model Penal Code concerned with capital punishment because of the "current intractable institutional and structural obstacles to ensuring a minimally adequate system for administering capital punishment."  The Council based its decision on a study it commissioned to look into the practice of the death penalty since the recommendations were made in the Model Penal Code.  The recommendations for how to make the death penalty less arbitrary had been adopted in 1962 and were cited by the U.S. Supreme Court in its 1976 opinion allowing a reformed death penalty to be reinstated.  Section §210.6  of the Code defines cases appropriate for capital punishment, aggravating and mitigating circumstances, and special sentencing procedures, and was intended to meet significant concerns regarding the practice.  This move essentially withdraws ALI from any attempt to fashion an acceptable death penalty because the system has proven to be unworkable.

STUDIES: Disparities in Legal Representation in Harris County, Texas

Scott Phillips, a professor in the Department of Sociology and Criminology at the University of Denver, recently published a study that revealed disparities in who receives the death penalty inTexas. Phillips studied the 504 death penalty cases that occurred between 1992 and 1999 in Harris County (Houston and surrounding areas). Harris County is the largest jurisdiction in the United States to use a court-appointment system for selecting lawyers to defend indigent defendants. Phillips’s research showed stark differences between the defendants who were represented by hired counsel and those who were not, regardless of their socio-economic status.  His study revealed that “those who can hire counsel for the entire case, or even a portion of the case, appear to be treated in a fundamentally different manner than those who cannot.” For the 504 death penalty cases examined, hiring counsel for the entire case eliminated the chance of a death sentence and resulted in more acquittals, and hiring counsel for at least a portion of the case substantially reduced the chance of a death sentence.

Gallup Poll: Support for Death Penalty Remains Near 25-Year Low

The latest Gallup Poll on the death penalty shows 65% of Americans support the death penalty, significantly lower than the 80% support recorded in 1994 and near the lowest support of 64% in the past 25 years recorded last year.  Only 57% believe the death penalty is fairly applied, and 59% of Americans believe that an innocent person has been executed in the last five years.  Gallup reported that support for the death penalty is lower if Americans are offered an explicit alternative, such as life imprisonment with absolutely no possibility of parole.  The last time that Gallup offered such alternatives in 2006, only 47% preferred the death penalty, while 48% supported life imprisonment with no parole.

STUDIES: FBI Uniform Crime Report Finds Murder Rates Declined in 2008

The annual crime report released by the Federal Bureau of Investigation showed a decline in the national murder rate.  The rate dropped 4.7% in 2008 compared to 2007. Despite a regional decline, the South still has the highest murder rate among the four geographic regions: 6.6 murders per 100,000 people, higher than the national rate of 5.4. The Northeast still maintains the lowest murder rate at 4.2. There were 16,272 murders or non-negligent manslaughters in 2008, according to the report.  (FBI Uniform Crime Report for 2008 (published Sept. 2009)). The South has accounted for over 80% of executions since 1976 (971 of 1176 executions), while the Northeast accounted for less than 1% (4 of 1176).  Of the 20 states with the highest murder rates in the country, all of them had the death penalty in 2008.

INTERNATIONAL RESOURCES: Death Penalty Lessons from Asia

The Asia-Pacific Journal, Japan Focus, recently featured an article entitled, “Death Penalty Lessons from Asia,” written by David T. Johnson and Franklin E. Zimring. The article is based in part on the authors' book, The Next Frontier: National Development, Political Change, and the Death Penalty in Asia.  Johnson is Professor of Sociology at the University of Hawaii.  Zimring is the William G. Simon Professor of Law and Wolfen Scholar at the University of California at Berkeley’s Boalt Hall School of Law.  The article takes an in-depth look at the practice of the death penalty in Asian jurisdictions over the last few decades. Drawing parallels with the death penalty movement in Europe, Johnson and Zimring present economic development, political change and public opinion as influential to the practice of capital punishment in Asian countries. Their book is based on 5 major case studies of capital punishment in Japan, the Philippines, South Korea, Taiwan, and China, and 7 shorter case studies of capital punishment in North Korea, Hong Kong and Macao, Vietnam, Thailand, Singapore, and India. 

OPINION: Florida’s Death Penalty System Still ‘Fraught with Problems’

A recent op-ed in the Florida Times-Union pointed to continuing problems in Florida’s death penalty system despite prior recommendations for change in an American Bar Association report three years ago. The article was written by Raoul Cantero III, a former Florida Supreme Court justice appointed by Gov. Jeb Bush, and Mark Schlakman, a senior program director for Florida State University's Center for the Advancement of Human Rights.  The authors state that little has been done by either the state government or the Florida Bar Association in response to the ABA's findings. The ABA report addressed the often abysmal legal representation of defendants in post-conviction proceedings, socioeconomic and geographic bias in seeking the death penalty versus a life sentence, and lack of fairness and accuracy in the system. The authors note that these problems remain, but there is a chance that new political leaders could still bring about change: "The challenge for those who hold and aspire to elected office is to ensure that personal perspectives pertaining to capital punishment, and the public outrage arising out of heinous crimes, do not overshadow the fact that Florida's death penalty process is fraught with problems.  Floridians expect a system of justice that engenders confidence based upon fairness and accuracy. With regard to the state's death penalty process, in many respects that standard has proven to be elusive."

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