In a June 1 op-ed in the Los Angeles Times, Columbia University law pro­fes­sor James Liebman (pic­tured) point­ed to his recent inves­ti­ga­tion of a like­ly inno­cent man exe­cut­ed in Texas to illus­trate the dan­ger of a cheap­er and quick­er” death penal­ty. Such pro­pos­als for reform are a ter­ri­ble and dan­ger­ous idea,” Liebman said. Based on his research into the pros­e­cu­tion of Carlos DeLuna, who was exe­cut­ed in 1989, DeLuna’s case flew through the courts.” He was arrest­ed and exe­cut­ed with­in six years, which is half of the nation­al aver­age for cap­i­tal cas­es. More than two decades lat­er, an exten­sive inves­ti­ga­tion of the case led Prof. Liebman to con­clude that DeLuna was almost cer­tain­ly inno­cent. Only a more care­ful — and con­se­quent­ly longer and more expen­sive pros­e­cu­tion and appeals process might have pre­vent­ed the tragedy,” he wrote. He fur­ther con­clud­ed, The flaws in the sys­tem that con­demned DeLuna — faulty eye­wit­ness tes­ti­mo­ny, poor legal rep­re­sen­ta­tion and evi­dence with­held from the defense — con­tin­ue to put inno­cent peo­ple at risk of exe­cu­tion…. DeLuna’s case dis­proves the myth that we can save the death penal­ty by gen­er­at­ing more quick and dirty’ exe­cu­tions. The death penal­ty is bro­ken. At great effort and expense, states such as California have tried every mea­sure to fix it, but they have failed. The only solu­tion is to end it.”

Californians will vote on a ref­er­en­dum to replace the death penal­ty with a sen­tence of life with­out parole in November. The mon­ey saved would assist vic­tims and help solve cold cases. 

(J. Liebman, You can’t fix the death penal­ty,” Los Angeles Times, June 1, 2012). See Costs and Innocence. Listen to DPIC’s pod­cast on Innocence.

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