Michigan

Michigan

Citing High Cost of Death Penalty Appeals, California Prosecutor Agrees to Reduce Prisoner's Sentence to Life Without Parole

Citing the high cost of death penalty appeals and difficulty obtaining custody of an out-of-state prisoner, the Kern County, California District Attorney's office has agreed to reduce the 1989 death sentence imposed upon Clarence Ray (pictured) to a sentence of life without parole. Ray's lawyers had filed a petition challenging the constitutionality of his California conviction and death sentence. The parties reached agreement that Ray's death sentence would be reversed in exchange for his giving up the remainder of his appeals. Prosecutors said that fighting the petition for a reduced sentence would have cost the District Attorney's office more than $100,000. They also indicated that they faced substantial obstacles in obtaining custody of Ray. Ray had confessed to the California murder while in prison in Michigan, where he is serving a life sentence for a separate crime. California prosecutors said that because Ray first had to serve that sentence, he would not be turned over to California authorities until he died. They said that officials in Michigan - which has not had the death penalty since 1847 - had intimated that Michigan would not release custody of inmates to states in which they face execution. A California Superior Court judge last week approved the deal and resentenced Ray to life without possibility of parole. 

NEW RESOURCES: Podcast Series on Each State's Death Penalty

DPIC has recently added four podcasts to our new series on important facts about the death penalty in each state. Seven state podcasts are now available: Michigan, Wisconsin, Maine, Minnesota, North Dakota, Alaska, and Hawaii. We expect to add new episodes each week, with two more coming tomorow (Oct. 17). The series has begun with states that have abolished the death penalty, and focuses on the developments leading to repeal in those states. The issues that brought those states to abolition are often similar to the ones states with the death penalty are facing today, including wrongful convictions, unfairness, and the methods of execution. We hope this new series will be an excellent resource for those interested in the diversity of positions states have taken on this key social question and for students researching their state's history. Our earlier series of podcasts, DPIC on the Issues covers a variety of topics related to the death penalty, including Innocence, Costs, and Lethal Injection. You can listen to all of our podcasts on our Podcasts page or by subscribing on iTunes.

NEW RESOURCES: Podcasts on Individual States

DPIC is beginning a new series of podcasts based on the history of the death penalty in each state. The series will first present the states that have ended the death penalty. Three podcasts, featuring Michigan, Wisconsin, and Maine, are now available. These short audio clips summarize the history surrounding the repeal of the death penalty in those states, including famous cases, issues that spurred legislators to take action, and subsequent attempts at reinstatement of the death penalty. We hope this new series will be an excellent resource for students researching their state's history, and for anyone curious about how historical events shaped our present-day capital punishment system. Our earlier series of podcasts dealt with the many issues surrounding the death penalty. You can listen to these and all of our podcasts on our Podcasts page or by subscribing on iTunes.

BOOKS: Gil Wanger's Lifetime of Work Against Capital Punishment

The Michigan Committee Against Capital Punishment has published a collection of over 40 years of testimony, brochures, and other information by attorney and death-penalty expert Eugene Wanger. The collection begins with the resolution from Michigan's 1962 constitutional convention banning capital punishment in the state. It includes Wanger's testimony at numerous hearings opposing bills attempting to reinstate the death penalty, as well as brochures and short articles. The bound and boxed volume provides a comprehensive overview of the history of death-penalty legislation in Michigan. Through legislation in 1846, the state became first English-speaking government to abolish the death penalty for murder and lesser crimes.

DPIC RESOURCES: New State Pages Now Available

DPIC is pleased to announce the completion of our State Information Pages for all 50 states and the District of Columbia.  These state profiles provide historical and current information on the death penalty for each state, including famous cases, past legislative actions, and links to key organizations and state officials.  For frequently updated information, such as execution totals, the size of death row, or the number of exonerations, see our State-by-State Database.  Readers are encouraged to send additional information, pictures, and links to organizations in their state.  You can reach the State Information Pages through the "State by State" button at the top of every page on our website or under the "Resources" tab in our main menu.

First Federal Death Sentence in Non-Death Penalty State Overturned

On August 3 the U.S. Court of the Appeals for the Sixth Circuit overturned the federal death sentence of Marvin Gabrion, who was convicted of a 1997 murder in a National Forest in Michigan.  Gabrion was the first defendant in the country to receive the federal death penalty for a crime committed in a non-death penalty state since the federal death penalty was reinstated in 1988.  All three members of the judicial panel upheld Gabriion's murder conviction, but two judges called for another sentencing trial because Gabrion's defense team was barred from telling jurors that he would not have faced the death penalty if he had been prosecuted in state court because Michigan does not allow capital punishment. The court held that such information could have served as a mitigating factor, perhaps convincing some jurors not to vote for death.  In deciding Gabrion's direct appeal, the court wrote, "The case was not brought to serve a special national interest like treason or terrorism different from the normal state interest in punishing murder. The jury should be given the opportunity to consider whether one or more of them would choose a life sentence rather than the death penalty when the same jury considering the same defendant's proper punishment for the same crime but prosecuted in Michigan state court could not impose the death penalty."  The federal government had jurisdiction over the crime because the victim's body was found in a portion of a lake in Manistee National Forest that is federal property.  Gabrion was the first person to receive a death sentence in Michigan since 1937.

Jurisdictions with no recent executions

Although the United States is considered a death penalty country, executions are rare or non-existent in most of the nation: the majority of states--30 out of 50--have either abolished the death penalty or have not carried out an execution in at least 10 years. An additional 5 states have not had an execution in at least 5 years, for a total of 35 states with no executions in that time. Only 6 states carried out an execution in 2015, and only 3 states (TX, MO, and GA) accounted for 86% of the executions.

States With No Death Penalty Share Lower Homicide Rates

States With No Death Penalty Share Lower Homicide Rates NEW YORK TIMES

September 22, 2000

States With No Death Penalty Share Lower Homicide Rates

By RAYMOND BONNER and FORD FESSENDEN

The dozen states that have chosen not to enact the death penalty since the Supreme Court ruled in 1976 that it was constitutionally permissible have not had higher homicide rates than states with the death penalty, government statistics and a new survey by The New York Times show.