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Missouri Judge Imposes Second Non-Unanimous Death Sentence in Four Months

For the second time in four months, a Missouri judge has imposed a death sentence after a capital-sentencing jury did not reach a unanimous sentencing decision. Greene County Circuit Judge Thomas Mountjoy sentenced 49-year-old Craig Wood (pictured) to death on January 11 for the February 2014 killing of 10-year-old Hailey Owens. Wood was convicted of first-degree murder in November 2017, but the jury—empaneled from out-of-county jurors as a result of extensive pretrial publicity—could not reach a unanimous decision on whether to sentence Wood to life without possibility of parole or death. In more than 70 percent of states that have the death penalty, this would have resulted in Wood being sentenced to life. A DPIC analysis of capital-sentencing statutes in effect in the 31 death-penalty states and the federal government found that 22 states, plus the federal government mandate an automatic life sentence if a jury cannot reach a unanimous sentencing verdict. While seven states consider a non-unanimous sentencing vote a "hung jury," Missouri and Indiana stand alone in removing the sentencing decision from the jury following a deadlock and transferring fact finding and decision-making authority to the judge. The jury in Wood's case reportedly split 10-2 in favor of the death penalty and Wood's lawyers had filed a motion challenging the constitutionality of Missouri's hung-jury death-sentencing procedure. That motion argued that Wood's right to a jury trial included a requirement that a death sentence could not be imposed without a unanimous jury vote. In 2016, the Florida Supreme Court and the Delaware Supreme Court struck down provisions in their death-penalty laws permitting judges to impose death sentences based upon non-unanimous jury recommendations for death. Alabama still permits that practice if ten jurors have voted for death. No jury has sentenced anyone to death in Missouri since 2013. However, on October 6, 2017, St. Charles County Judge Kelly Wayne Parker disregarded an 11-1 jury vote in favor of a life sentence and imposed the death penalty against 50-year-old Marvin Rice, a former Dent County deputy sheriff and state correctional officer. Rice was the only person sentenced to death in Missouri in 2017


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Pledging No Death Penalty, Larry Krasner Sworn In As Philadelphia's District Attorney

Saying “[a] movement was sworn in today,” long-time civil-rights lawyer Larry Krasner (pictured)—who pledged to end Philadelphia's use of the death penalty—took the oath of office on January 2 as district attorney in a county that only five years ago had the third largest death row of any county in the country. Krasner's inaugural address put a face on the “[t]ransformational change in criminal justice" he had called for during the election, saying it was time to begin “trading jails—and death row—for schools,” “jail cells occupied by people suffering from addiction for treatment and harm reduction,” and “division between police and the communities they serve for unity and reconciliation.” Krasner's election has drawn national attention, as social-justice activists focus on new strategies to bring about social change. The Los Angeles Times placed Krasner among "a growing list of district attorneys around the country ... who have declared that their role isn’t simply to prosecute, but to protect defendants from the excesses of the criminal justice system." The American Prospect described "[t]he relatively quick swing from a death penalty devotee to a crusading reformer at the helm of a major American city’s DA office [as] both a distillation of a long-brewing shift in the politics of crime—away from the standard tough-on-crime bromides and toward a smarter approach to justice—and emblematic of a new recognition from progressives that electing allies into DA offices could be one of the most effective ways to reform the system from the inside." Since 2015, "reform" prosecutors have been elected to replace prosecutors in counties historically known for their aggressive use of the death penalty, including Harris (Houston), Texas; Duval (Jacksonville), Orange (Orlando), and Hillsborough (Tampa), Florida; Caddo Parish (Shreveport), Louisiana; and Jefferson (Birmingham), Alabama. But Clarise McCants, campaign director for the racial-justice organization, Color of Change, is eyeing upcoming district attorney races in 2018, saying “[t]he small number of [reform-minded] prosecutors we have elected so far is nothing compared to the kind of impact we could have.” Krasner takes the reins of an office most recently headed by Ronald CastilleLynne Abraham, and Seth Williams. Castille served as district attorney from 1986-1991, obtaining 45 death sentences and then participating in appeals in those cases after being elected to the Pennsylvania Supreme Court. Abraham was dubbed “America's Deadliest DA,” obtaining 108 death sentences in her 19 years as district attorney between 1991 and 2009. She was replaced by Williams, who resigned after being convicted in 2017 of corruption charges. Krasner's election culminates two decades of dramatically declining death penalty use in Philadelphia. Death sentences, which averaged 9.9 per year in the 1990s, have fallen to an average of fewer than one per year this decade. 


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