Executed on a Technicality: Lethal Injustice on America’s Death Row, by Professor David Dow, to be released in April 2005, is a behind-the-scenes look at the death penalty through the lens of an attorney who formerly supported capital punishment. Dow, who teaches at the University of Houston Law Center and founded the Texas Innocence Network, provides case histories illustrating serious flaws in the death penalty system. He uses these cases to guide readers through a web of coerced confessions, incompetent representation, racist juries, and unfair judges, all of which he believes contribute to the arbitrariness of capital punishment.
In many cases, obscure technicalities in the law prevented courts and juries from hearing evidence that would have prevented an execution or a death sentence. Dow relates the case of one man who was executed because the jury never heard from two eyewitnesses who swore he was not the murderer. In another case, a man was allowed to represent himself despite the fact that his mental imbalance — which resulted in attempts to issue a subpoena to Jesus Christ and to dressing as a cowboy during his trial — was obvious.