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Supreme Court Agrees to Hear Kentucky Case on Death Penalty Jury Instructions

On June 27, the U.S. Supreme Court agreed to hear arguments in White v. Woodall, a death penalty case from Kentucky, to be heard during the Court's next term. Robert Woodall pleaded guilty to capital murder and chose not to testify in the sentencing phase of his trial. His attorneys requested that the judge instruct the jury not to draw any adverse inferences from Woodall's decision not to testify on his own behalf, but the request was denied because the judge concluded that Woodall's guilty plea waived his right to be free from self-incrimination. Woodall was sentenced to death. The U.S. Court of Appeals for the Sixth Circuit ordered a resentencing, holding, "The due process clause requires that a trial court, if requested by the defendant, instruct the jury during the penalty phase of a capital trial that no adverse inference may be drawn from a defendant's decision not to testify." Kentucky has challenged that decision and the Supreme Court granted certiorari to review the matter.


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Many States to Consider Death Penalty Abolition and Reform in 2013

As legislative sessions begin across the country, legislators in several states have proposed bills to abolish or reform the death penalty in 2013. In Alabama, Sen. Hank Sanders will introduce bills to abolish the death penalty, or alternatively to institute a series of reforms. “I believe the death penalty is not only unproductive but counter-productive,” he said. Texas will also consider a number of death penalty reform bills, including restrictions on certain types of evidence, and the creation of an innocence commission. Colorado Sen. Claire Levy is drafting a bill to abolish the death penalty. "We have increasing concerns about the possibility of executing an innocent person," said Levy. Kentucky Rep. Carl Rollins plans to propose a bill to replace the death penalty with a sentence of life without parole. In Maryland, Gov. Martin O'Malley has voiced support for a bill to end the death penalty and direct some of the money saved to murder victims' families. New Hampshire's Gov. Margaret Hassan also supports abolition, and a bill is likely to be introduced in that state. In Oregon, where Gov. John Kitzhaber instituted a moratorium on executions for the remainder of his term, Rep. Mitch Greenlick plans to introduce a bill beginning the process of abolishing the death penalty.


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