Entries by Death Penalty Information Center
News
Mar 16, 2010
LAW REVIEWS: Challenging the Constitutionality of the Federal Death Penalty
A recent article in the Akron Law Review asks whether the Federal Death Penalty Act (FDPA) is in compliance with the Sixth Amendment’s right to confront witnesses because it allows hearsay evidence in determining whether a defendant is eligible for the death penalty. During a typical criminal trial, the accused has the right to challenge and cross examine the testimony of state witnesses who must appear in person. But in a death…
Read MoreNews
Mar 15, 2010
REPRESENTATION: Underfunded Georgia Capital Case Still Waiting for Trial After Five Years
Lawyers for Khanh Dinh Phan asked the Georgia Supreme Court to dismiss the charges against him or to bar the state from seeking the death penalty because the state has been unable to pay for Phan’s defense. After his arrest in 2005, Chris Adams and Bruce Harvey were appointed to represent Phan.“The state of Georgia has made Mr. Harvey and myself potted plants,” Adams recently said.“We are lawyers in name only. … The state of Georgia has failed, and failed…
Read MoreNews
Mar 12, 2010
INTERNATIONAL-NEW VOICES: Taiwan Justice Minister Resigns Rather Than Sign Death Warrants
Taiwan’s Minister of Justice, Wang Ching-feng, recently resigned from her post after expressing her strong opposition to the country’s death penalty. Since her position was essential to her beliefs but incompatible with those of Taiwan’s President Ma Ying-jeou and some members of her own political party, she decided not to continue in office.“I would rather step down than sign any death warrant,” she said.“If these convicts can have an…
Read MoreNews
Mar 11, 2010
NEW VOICES: Former Texas District Attorney Calls for DNA Testing Before Pending Execution
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…
Read MoreNews
Mar 10, 2010
Governor Postpones Execution of Inmate Found Unconscious in Death Row Cell
On March 8, Ohio Governor Ted Strickland postponed the execution of Lawrence Reynolds, who was found unconscious in his death row cell hours before he was to be driven to the execution facility. Reynolds, who was sentenced to die for a murder in 1994, apparently took an overdose of pills despite being under a 72-hour watch that includes frequent monitoring by prison guards. He was found unconscious in his cell around 11:30 pm, and was…
Read MoreNews
Mar 09, 2010
LAW REVIEWS: Condemned Defendants Should Comprehend Death
A recent article by Prof. Jeffrey Kirchmeier of the City University of New York School of Law entitled,“The Undiscovered Country: Execution Competency & Comprehending Death” explores whether mentally disabled inmates who do not understand that execution means the end of their physical life should be spared. Kirchmeier examines Supreme Court precedent under the Eighth Amendment that requires that a condemned defendant be competent in order to be…
Read MoreNews
Mar 08, 2010
STUDIES: High Percentage of Death Sentences in North Carolina Later Deemed Excessive
Most of those originally condemned to death in North Carolina eventually received lesser sentences when their cases were concluded, according to Professor Frank Baumgartner, a researcher at the University of North Carolina. Many of those sentenced to death received a new trial because their first trial was seriously flawed. At their subsequent trials, the vast majority were sentenced to a punishment less than death,…
Read MoreNews
Mar 05, 2010
NEW VOICES: Texas Judge Rules Death Penalty Unconstitutional
On March 4, Houston District Judge Kevin Fine granted a pretrial motion in a capital case and declared the death penalty in Texas unconstitutional. Judge Fine said the state’s law violates a defendant’s right to due process because of the risk of executing an innocent person. The judge based his ruling on studies around the country and in Texas that indicated,“it can only be concluded that innocent people have been executed….Are you…
Read MoreNews
Mar 04, 2010
After 20 Years, Ohio Death Row Inmate May Be Exonerated
On March 3, a federal District Court barred the re-prosecution of former Ohio death row inmate Joe D’Ambrosio (pictured) for the murder of Tony Klann over 22 years ago. The court had ruled in 2006 that state prosecutors improperly withheld evidence about their star witness that could have exonerated D’Ambrosio at his 1989 trial. That ruling led to D’Ambrosio’s conviction and death sentence being vacated, and he was eventually…
Read MoreNews
Mar 03, 2010
Washington Becomes Second State to Adopt One-Drug Protocol
On March 2, Washington became the second state to switch its lethal injection method from the three-drug cocktail used in almost all states to a one-drug protocol. Ohio was the first state to change to the single-drug protocol after the failed execution attempt involving Romell Broom. Broom was ultimately removed from the execution chamber when the correctional officers were unable to complete the execution. In…
Read More