Books

BOOK: Death-Row Exoneree Anthony Ray Hinton Publishes “Heart-Wrenching Yet Ultimately Hopeful” Memoir

Anthony Ray Hinton spent thirty years confined on Alabama's death row for murders he did not commit. Three years after his exoneration and release, he has published a memoir of his life, The Sun Does Shine: How I Found Life and Freedom on Death Row, that recounts stories from his childhood, the circumstances of his arrest, the travesty of his trial, how he survived and grew on death row, and how he won his freedom. The book, co-authored with Lara Love Hardin, has earned praise from Kirkus Review as an “urgent, emotional memoir from one of the longest-serving condemned death row inmates to be found innocent in America,” and "[a] heart-wrenching yet ultimately hopeful story about truth, justice, and the need for criminal justice reform." Nobel laureate Archbishop Desmond Tutu called Hinton's book "an amazing and heartwarming story [that] restores our faith in the inherent goodness of humanity." The memoir begins: “There’s no way to know the exact second your life changes forever.” He was arrested in 1985 and capitally charged in connection with the murder of two fast-food restaurant managers, even though he had been working in a locked warehouse 15 miles away when that crime was committed. The prosecutor, who had a documented history of racial bias, said he could tell Hinton was guilty and "evil" just by looking at him. Hinton's incompetent trial lawyer did not know and did not research the law, and erroneously believed the court would not provide funds to hire a qualified ballistics expert to rebut the state expert's unsupported claim that the bullets that killed the victims had been fired from Hinton's gun. Instead, his lawyer hired a visually impaired "expert" who did not know how to properly use a microscope, whose testimony was destroyed in front of the jury. Hinton was convicted and sentenced to death. Hinton speaks candidly about the psychological effect executions of other prisoners had on him as he feared execution for crimes he did not commit. Writing about the 1987 execution of Alabama prisoner Wayne Ritter, Hinton says, “I didn’t even realize they had executed [him] until I smelled his burned flesh.” Faced with this gruesome reality, Hinton realized, “I wasn’t ready to die. I wasn’t going to make it that easy on them.” In 2002, three top firearms examiners testified that the bullets could not be matched to Hinton's gun, and may not have come from a single gun at all. In 2014, the U.S. Supreme Court unanimously held that Hinton had been provided substandard representation and returned his case to the state courts for further proceedings. Prosecutors decided not to retry him after the state's new experts said they could not link the bullets to Hinton's gun. Hinton's lead attorney in the efforts to overturn his conviction and obtain his freedom was Bryan Stevenson, Executive Director of the Equal Justice Initiative and author of Just Mercy. In the forward to The Sun Does Shine, Stevenson writes that Hinton’s story “is situated amid racism, poverty, and an unreliable criminal justice system.” Hinton, he writes, "presents the narrative of a condemned man shaped by a painful and tortuous journey around the gates of death, who nonetheless remains hopeful, forgiving, and faithful." Hinton—the 152nd person exonerated from America's death rows since 1973—says he hopes his story will increase public awareness of the risks of executing the innocent and the irreparable failures of the nation's capital-punishment system. "The death penalty is broken," he writes, "and you are either part of the death squad or you are banging on the bars.”

Researcher: Racial Disparities Require Abolishing or Severely Restricting Death Penalty

Severely restricting the use of capital punishment or abolishing the death penalty altogether would help rectify some of the persistent racial disparities found in the United States' criminal justice system, according to Cassia Spohn (pictured), the Foundation Professor of Criminology and Director of the School of Criminology & Criminal Justice at Arizona State University. In a chapter on Race and Sentencing Disparity in the recently released Academy for Justice four-volume study, Reforming Criminal JusticeSpohn—the author of How Do Judges Decide? The Search for Fairness and Justice in Punishmentwrites that there is “clear and convincing evidence of racial disparity in the application of the death penalty” in the United States. Spohn's chapter traces the theoretical and methodological development in research into the relationship between race/ethnicity and sentencing over the past eight decades. She concludes that “reducing racial and ethnic disparities in sentencing and punishment requires something more than the passage of legislation designed to reduce incrementally the discretion of prosecutors, judges, and corrections officials." She recommends three major reforms "to reduce both the punitive bite of incarceration and the disparity in punishment": eliminating mandatory minimum sentences, abolishing the death penalty, and enacting Racial Justice Acts that would allow judges to consider whether racial bias played a role in the decision to seek or impose the death penalty and permit prisoners to challenge their sentences with statistical evidence showing a pattern of racial discrimination in sentencing. Spohn cites demographic evidence that, she says, convincingly demonstrates clear racial disparities in the administration of the death penalty in the United States. In 2016, 41.8% of the 2,905 prisoners under sentence of death in the United States and more than a third of those executed since 1977 (34.5%) were Black, although African Americans make up only 13% of the population. Similarly, she writes, those who murder White victims are sentenced to death and executed at disproportionately high rates: from 1977 through 2016, 75.6% of executed prisoners were convicted of killing White victims, as compared to 15.3% who were convicted of killing Black victims, and 6.9% convicted of killing Hispanics. The disparities, she found, were "particularly pronounced" in the use of the death penalty for rape, before the Supreme Court declared that practice unconstitutional in 1977. Between 1930 and 1972, 455 people were executed for rape; 405 of them (89%) were Black men and a number of states did not execute a single White man for rape during this period. Spohn argues that Racial Justice Acts could provide important safeguards in addressing discriminatory death-penalty practices. However, she writes, efforts to enact them have largely failed. The U.S. House of Representatives included a Racial Justice Act as part of the Omnibus Crime Bill of 1994, but it was removed by the Senate, where opponents "argued that it would effectively abolish the death penalty in the United States." Only Kentucky and North Carolina enacted state Racial Justice Acts, and the North Carolina legislature repealed its act in 2013 after four death row prisoners established that race had been a significant factor in their sentencing. Spohn concludes that "[t]he defeat of the Racial Justice Act in Congress and the failure of the issue to gain traction in the states, coupled with persuasive evidence of racial disparity in the application of the death penalty, suggest that the remedy for racial bias in the capital sentencing process is abolition of the death penalty."

Murder Victims’ Family Members Speak of Moving Forward, Without the Death Penalty 

Family members of murder victims share no single, uniform response to the death penalty, but two recent publications illustrate that a growing number of these families are now advocating against capital punishment. In From Death Into Life, a feature article in the January 8, 2018 print edition of the Jesuit magazine America, Lisa Murtha profiles the stories of how several prominent victim-advocates against the death penalty came to hold those views. And in a recently released compilation of essays, Not in Our Name, nine family members of murder victims share their stories of coping, grieving, and reconciliation in the face of losing a loved one to murder, and tell how their experiences transformed their views about capital punishment. “While each has endured the extreme pain of losing a loved one to murder, they all are staunchly opposed to what they say is more violence in the form of a state-sanctioned execution and a death penalty,” said Ron Steiner, leader of Oregonians for Alternatives to the Death Penalty, which released the essays in November. The death penalty is often characterized as providing justice and closure for family members of the victims. But, Murtha writes, "for many, the death penalty provides neither the closure nor the healing that legal and political systems oftentimes promise. Instead, a growing number of victims’ families are saying it inhibits that healing." Murtha reports on the different reasons offered by five different victims’ families who spoke out against the death penalty in 2016. "One learned how profoundly the murderer had changed in prison, another just wanted the appeals to stop and another discovered that the men originally convicted of the crime were actually innocent," she writes. Murtha also recounts the emotional journeys of Bob Curley, Marietta Jaeger Lane, and Bill Pelke, who are now vocal opponents of the death penalty. After his 10-year-old son Jeffrey was murdered, Curley launched a years-long crusade to reinstate capital punishment in Massachusetts, believing the death penalty might prevent something like this from happening [again].” He came to oppose the death penalty after seeing that the man he believed was less culpable for the death of his son received a harsher sentence and became convinced that "the system is just not fair" and could not be trusted to reach the right result in capital cases. Lane, a lifelong practicing Catholic, said she initially wanted to kill the man who abducted and murdered her 7-year old daughter, but she said, "I surrendered [and] did the only thing I could do, which was [give] God permission to change my heart.” Pelke's 78-year-old grandmother was robbed and murdered by group of teenage girls, and 15-year-old Paula Cooper was sentenced to death. Pelke was convinced his grandmother "would have had love and compassion for Paula Cooper and her family and that she wanted me to have that same sort of love and compassion. I learned the most important lesson of my life .... I didn’t have to see somebody else die in order to bring healing from Nana’s death.”

NEW RESOURCE: Academy for Justice Report on Reforming Criminal Justice Tackles the Death Penalty

The Academy for Justice has recently released a new four-volume study, Reforming Criminal Justice, featuring research and analysis by leading academics and a wide range of proposals for criminal justice reform. The project, funded with a grant from the Charles Koch Foundation and produced with the support of Arizona State University and ASU's Sandra Day O’Connor College of Law, contains more than fifty chapters covering a wide range of subjects within the areas of criminalization, policing, trial procedures, and punishment—including a chapter on Capital Punishment by renowned death-penalty scholars Professors Carol S. Steiker (Harvard Law School) and her brother, Jordan M. Steiker (University of Texas School of Law). The Steikers—authors of the critically acclaimed 2016 book, Courting Death: The Supreme Court and Capital Punishment, explore the challenges in reforming the institution of capital punishment, which they describe as being "in a state of flux and fragility." They attribute the near ten-fold decrease in new death sentences since 1996 and the near 70% decrease in executions since the peak in executions in 1999 to “growing concerns about the fairness, accuracy, and effectiveness of the capital justice process across the United States.” The Steikers point to endemic arbitrariness and unfairness resulting from the wide discretion afforded to prosecutors and juries in death penalty cases. Prosecutorial discretion, they say, has produced “wildly divergent capital charging decisions” between prosecutorial offices, making geography, rather than the circumstances of a murder, the chief determinant of whether a case is capitally prosecuted. In turn, they say, the practice of "death-qualification" allows prosecutors to exclude jurors who oppose capital punishment, and the jurors who are empaneled in capital cases exercise the broad discretion they are afforded to produce unfair sentences disproportionately influenced by irrelevant factors such as race and gender. The Steikers also challenge the notion that the reduced use of the death penalty means it is being used more effectively when it is imposed. They say that the death penalty is not limited to “the worst of the worst,” and so lacks meaningful retributive value, while its continuing arbitrariness impedes any arguable deterrent effect. Indeed, they say, offenders with mental illness are disproportionately represented on death row and continue to be disproportionately executed, despite widespread public support for excluding the severely mentally ill from the death penalty. They further question the accuracy of death-penalty verdicts, citing research that estimates more than 4% of those sentenced to death may be actually innocent. The Steikers argue that these systemic issues are “difficult to adequately address through constitutional regulation or legislative reform,” concluding that “the most appropriate path forward may well be moratorium or repeal, solutions embraced by a growing number of jurisdictions.” For states that opt to retain capital punishment, they recommend three major policy reforms: the establishment of capital defense offices at all levels (trial, direct appeal, and state postconviction) to “improve the delivery of capital representation services” in compliance with the American Bar Association's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases; centralized state-wide charging processes to combat the politicization of the death penalty by local prosecutors and the resulting geographic arbitrariness in its appliation; and the adoption of legislation to exclude people with severe mental illness from capital prosecution and execution. 

BOOKS: Deadly Justice—A Statistical Portrait of the Death Penalty

In their new book, Deadly Justice: A Statistical Portrait of the Death Penalty, a team of researchers led by University of North Carolina-Chapel Hill political science professor Frank Baumgartner uses forty years of empirical data to assess whether the modern death penalty avoids the defects that led the U.S. Supreme Court to declare in Furman v. Georigia (1972) that the nation's application of capital punishment was unconstitutionally arbitrary and capricious. Their conclusion: "A reasoned assessment based on the facts suggests not only that the modern system flunks the Furman test but that it surpasses the historical death penalty in the depth and breadth of the flaws apparent in its application." Deadly Justice explores an enormous range of issues—including, among others, racial, gender, and geographical bias, innocence, deterrence, mental health, childhood abuse, length of time on death row, reversal rates, and execution methods—to determine whether the death penalty is fairly and proportionally applied and reserved for the "worst of the worst." Reviewing the data, Baumgartner et al. find that the modern death penalty "is it just as arbitrary, just as biased, and just as flawed as the pre-Furman system." Worse yet, they write, "it has added to these flaws increased levels of geographical focus on the South, even more concentration in just a few jurisdictions, astronomical financial costs unimagined in the earlier period, average periods of delay now measured in the decades, odds of reversal well over 50 percent, routine and often successful last-minute legal maneuvering even while the inmate is in the execution room and has been prepared to be executed, and a medicalization paradox that was not even imagined in the pre-Furman period." In an interview with the Houston Chronicle, Baumgartner says "[t]he key driver in the system" is not the frequency of homicides or the nature of the murder but "the choices that district attorneys make .... There's really no rhyme or reason to it." He says the biggest change in public opinion began in the 1990s as evidence began to mount that "there might be innocent people on death row. ... The innocence argument has really shaken people's faith that you can count on the government to get it right every single time. ... The system is so tied up in knots, partly because of the concern of executing an innocent person. It's really hard to justify or have enthusiasm about a system so dysfunctional as the current modern death penalty, even if you're a prosecutor."

BOOKS: End of Its Rope—How Killing the Death Penalty Can Revive Criminal Justice

"The death penalty in the United States is at the end of its rope [and] its abolition will be a catalyst for reforming our criminal justice system." So argues University of Virginia Law Professor Brandon L. Garrett in his widely anticipated new book, End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice, which analyzes the reasons behind the steep decline in capital punishment in over the last 25 years. With the help of other researchers at the University of Virginia, Garrett analyzed death-sentencing data from 1990 to 2016, county by county. He found that numerous interrelated factors contributed to the decline: the drop in murders across the country, the creation of institutional capital defender offices that greatly improved the quality of representation, the availability of life without parole as a sentencing option, the cost of the death penalty system, and growing public awareness of exonerations and the risk of wrongly sentencing innocent defendants to death, fueled further by the abolition of capital punishment in some states and the abandonment of capital prosecutions by many counties. Local culture had a profound effect on death sentencing practices: Garrett found that states and counties that most frequently executed people developed what he terms a “muscle memory” for the practice and “imposed far more death sentences just as a function of having done so in the past." But, the converse was also true: when a county stopped sentencing people to death, it was less likely to resume the practice. Garrett found that death sentences have now all but disappeared from rural America, and are now imposed mainly in larger, urban areas. Garrett told the The Marshall Project, "we found a strong county-level pattern of racial bias. Counties with more black residents have more death sentences. And counties with more white victims of murder have more death sentences. Call it a 'white lives matter' effect," he said. In an interview with University of Virginia publicists, Garrett described the death penalty as "a failed experiment." He said states’ recent efforts to reform death-penalty procedures to “save the death penalty from itself” have failed because “the bias, both racial and geographic, is too ingrained. Lawmakers have tried to speed up executions, but have instead seen more delays and botched executions. They have tried to insist on higher-quality proof, and have still seen exonerations of innocent death row inmates." Garrett hopes that as the death penalty wanes, the lessons learned can buttress other efforts to reform America's criminal justice system and to move away from "mass incarceration and harsh punishment more broadly.”

Pioneers in Efforts to Defend Death-Penalty Cases, End Capital Punishment Remembered in New Book, Obituary

The legacies of Scharlette Holdman (pictured) and Marie Deans—two women who changed the landscape of capital punishment in the United States—are memorialized in a recent story in the Marshall Project and a new book scheduled for release in August. Maurice Chammah's article, We Saw Monsters. She Saw Humans, marks the July 12, 2017 passing of mitigation pioneer Scharlette Holdman and tells the story of her forty-year fight on behalf of capital defendants and death-row prisoners. The forthcoming book by Todd Peppers and Margaret Anderson, A Courageous Fool, tells the story of a similarly pioneering woman, Marie Deans, who long worked to save defendants and prisoners facing the death penalty and whose efforts to give voice to family members, like herself, whose relatives had been murdered, led to the creation of Murder Victims' Families for Reconciliation. Holdman used her background in anthropology to develop the practice of death-penalty mitigation—conducting a multi-generational social history investigation to tell the story of a client's life in a way that would humanize him or her to a jury or a judge. “What she saw is that killers are not just born,” said lawyer George Kendall, who represents death-row prisoners. “They have had unbelievably abused and neglectful lives, and that history is relevant. You become your client’s biographer, you speak to the 60 most important people in that person’s life—friend and foe.” She approached this difficult work with creativity and humor. In one case, she attempted to discredit a psychiatrist's testimony that a severely impaired defendant was competent to be executed because he had beaten the doctor at tic-tac-toe, by locating a tic-tac-toe playing chicken to present in court. The judge “felt that bringing the chicken into the courtroom to play tic-tac-toe would degrade the dignity of the court,” Holdman later told This American Life. “I thought that the dignity of the court was degraded by executing a mentally retarded, mentally ill person.” In 2011, she described mitigation investigations, saying, “As we in local communities began to look for mitigation, we saw it as presenting the narrative of someone’s life, and we became acutely aware that it was a very specialized, complex undertaking. That narrative is not there for the asking. It requires not just knowledge and skill but experience in how you search for, identify, locate, recognize, and preserve the information.” Her work was profiled in the book Among the Lowest of the Dead, an account of Florida's reinstatement of the death penalty. A Courageous Fool describes the work of mitigation expert and anti-death penalty activist Marie Deans to defend death-sentenced prisoners, to free the wrongfully convicted—including Virginia death-row exoneree Earl Washington—and to try to end the death penalty. Virginia Senator Mark Warner called A Courageous Fool, "A powerful story of a Virginia heroine." Deans passed away in 2011. 

BOOKS: "The History of the Death Penalty in Colorado"

When University of Colorado Boulder sociology professor Michael Radelet began doing research on the death penalty in the 1970s, the noted death-penalty scholar tells Colorado Public Radio, he didn't have an opinion about capital punishment and "didn't know anything about it." After researching issues of race, innocence, and the death penalty, he came to have grave reservations. "I believe the death penalty is about making god-like decisions without god-like accuracy," he told Colorado Matters interviewer Andrea Dukakis. Radelet's latest book, The History of the Death Penalty in Colorado, chronicles the historic use of capital punishment in a state in which the practice is currently under scrutiny. Proponents and opponents of the death penalty both invoke "justice" in support of their positions, Radelet told Colorado Matters. "There's a debate about what 'justice' really means," he said, noting that Governor John Hickenlooper raised important questions about the fairness and accuracy of the death penalty when he imposed a moratorium on executions in Colorado in 2013. Commenting on the book, Hickenlooper said, "Professor Radelet reminds us we are not unique in asking whether our 'experiment with the death penalty' has worked: we have asked this question since our territorial days. The History of the Death Penalty is an insightful examination of the death penalty and whether it has a place in our state." Radelet's book documents each execution in the state since 1859 and explores the systemic concerns that have affected its implementation throughout Colorado's history. A Denver Post book review says: "In what could have been a dismal treatise, Radelet turns this fact-filled book into an absorbing history of Colorado’s flirtation with legal killing."

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