Record Lows Set Across the U.S. For Death Sentences Imposed in 2018
2018 was a record-low year for death-penalty usage in the United States, as nineteen death-penalty states set or matched records for the fewest new death sentences imposed in the modern history of U.S. capital punishment. (Click on map to enlarge.) Thirty-six U.S. states—including seventeen that authorized capital punishment in 2018—did not impose any death sentences in 2018, while California and Pennsylvania, which collectively account for nearly one-third of the nation’s death-row population, imposed record lows. Every western state except Arizona set or tied a record low, and Arizona, which imposed two new death sentences, was just one above its record low. Several southern states that were once among the heaviest users of capital punishment have now gone years without imposing any new death sentences.
For the first time in its modern history, North Carolina has gone two consecutive years without a death sentence, and it has imposed one new death sentence in the past four years. Only three capital trials took place in the state in 2018, and jurors rejected the death penalty in each. Gretchen Engel, executive director of North Carolina’s Center for Death Penalty Litigation, said, "Jurors are turning away from the death penalty and, in response to less favorable jury pools, prosecutors are seeking the death penalty less. And so, this trend away from the death penalty is really being led by citizens who've been summoned for jury duty." In Wake County (Raleigh), one of the 2% of U.S. counties that was responsible for a majority of death-row prisoners as of 2013, the last nine capital trials—including one in 2018—have resulted in life sentences. According to the North Carolina Office of Indigent Defense Services, taxpayers would have saved $2.4 million if prosecutors had not sought the death penalty in those cases. For the seventh consecutive year, Virginia did not sentence anyone to death in 2018. Though second only to Texas in the number of executions, Virginia has seen a dramatic decline in death sentences since establishing regional capital defender offices to provide quality representation to capital defendants. Georgia and South Carolina each marked four years with no new death sentences, a change that can also be attributed, at least in part, to improved representation.
Two of the states with the nation’s largest death rows, California and Pennsylvania, had historically low numbers of death sentences in 2018. California imposed only five death sentences, its fewest since reinstating the death penalty in 1978 and 38 fewer than its peak of 43 in 1999. Pennsylvania imposed a single death sentence for only the second time in the modern era. The previous year in which only one sentence was imposed was 2016. Neither state has carried out an execution in more than a decade, but California has the largest death row in the U.S., with 740 prisoners, and Pennsylvania has the fifth-largest, with 160.
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NEW PODCAST: DPIC’s 2018 Year End Report
In the latest podcast episode of Discussions with DPIC, members of the DPIC staff discuss key themes from the 2018 Year End Report. Robert Dunham, Ngozi Ndulue, and Anne Holsinger delve into the major death-penalty trends and news items of the year, including the “extended trend” of generational lows in death sentencing and executions, election results that indicate the decline will likely continue, and the possible impact of Pope Francis’s change to Catholic teaching on capital punishment. They explore the reasons for reduced death-penalty usage, highlighting the stories of people who were exonerated in 2018, the theme of executing people with characteristics that make them vulnerable to unfair legal proceedings, and the ongoing controversy surrounding execution methods.
DPIC Executive Director Robert Dunham noted the importance of the shrinking death-row population, saying, “Death row is declining in size even as the number of executions is declining, which suggests that the decline is a result of the erosion of capital punishment, as opposed to it actually being carried out.” He explains the lack of death sentences in several traditional death-penalty states, including Virginia, North Carolina, South Carolina, and Georgia. “The biggest change is the availability of quality indigent defense,” Dunham said, adding that the adoption of life without parole as a sentencing option has also been a major contributing factor.
Dunham addresses the theme of inadequate legal process, saying that the current system fails to ensure that prisoners’ constitutional rights are fully upheld. “If we want the death penalty in the United States, ... it’s imperative that it be able to accurately assess whether somebody was fairly tried, whether somebody was fairly sentenced, and whether the individual deserves to live or die,” he said. Those procedural failures, and the secrecy that surrounds executions, have created a “distrust” among the public that Dunham predicts with have a “prolonged and lingering effect.” “In 2018, death sentences were down, executions were down for a variety of reasons, but I think one of the reasons that’s going to last and contribute to a continued reduction in the future is that more and more people think that we can’t trust the states to carry it out,” Dunham concluded.
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Report on “Principles for the 21st Century Prosecutor” Calls for Prosecutors to Work to End Death Penalty
A group of justice-reform organizations has issued a new report, 21 Principles for the 21st Century Prosecutor, that calls on prosecutors to “work to end the death penalty” as part of its recommended reforms in prosecutorial practices. The report, prepared jointly by the organizations Fair and Just Prosecution, the Brennan Center for Justice, and the Justice Collaborative, sets forth a series of principles that the groups say are designed “to improve the overall fairness and efficacy of the criminal justice system.” The report sets forth 21 principles of prosecution for a “21st Century vision for meting out mercy and justice.” Ten of the principles address ways to reduce incarceration. Eleven are proposals to increase fairness in the criminal justice system. Because prosecutors “wield enormous influence at every stage of the criminal process, from initial charging decisions to the sentences sought and imposed,” the report says, they are “well positioned to make changes that can roll back over-incarceration.”
The groups’ proposals on the death penalty fall within their recommendations on increasing fairness. “Countless studies have shown that the death penalty is fraught with error, provides no more public safety benefit than other sentences, and is routinely imposed on people with diminished culpability,” the report says. “Studies also show that the death penalty is applied in a racially discriminatory manner[,] … is expensive and puts victims through decades of litigation and uncertainty.” The report recommends that prosecutors “[o]ppose legislation to expand or expedite the death penalty”; establish a review committee to determine whether to prosecute a case capitally; consider alternative punishments in cases in which the death penalty has already been imposed, “particularly when there is substantial evidence of reduced culpability”; and “[d]on’t threaten to seek the death penalty to coerce a plea.” It quotes two big-city prosecutors, Denver’s Democratic District Attorney Beth McCann and Kings County (Seattle) Republican Prosecuting Attorney Dan Satterberg, in support of the principle that prosecutors should work to end the death penalty. Shortly after her election, McCann said, “I don’t think the state should be in the business of killing people.” Satterberg spoke out in favor of abolishing Washington’s death penalty, saying that the death penalty “no longer serves the interests of public safety, criminal justice, or the needs of victims.”
Election results in 2018 continued a trend away from prosecutors known for their aggressive pursuit of capital punishment. Since 2015, voters have removed prosecutors in 11 of the 30 most prolific death-sentencing counties in the country, replacing most of them with reform candidates. This year, prosecutorial candidates who ran on reform platforms won election in St. Louis County, Missouri; Jefferson County (Birmingham), Alabama; Bexar (San Antonio) and Dallas, Texas. Two of the nation’s most aggressive pro-death-penalty prosecutors also were ousted in Orange and San Bernardino counties in California.
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Unanimous Federal Appeals Court Orders New Sentencing for Virginia Death-Row Prisoner
A three-judge panel of the United States Court of Appeals for the Fourth Circuit has unanimously overturned the death sentence imposed on Virginia death-row prisoner Mark E. Lawlor in 2011, ruling that the trial court had unconstitutionally prevented Lawlor from presenting expert mental health testimony that he posed a low risk of violence in prison if the jury spared his life. On November 27, 2018, the court reversed a decision of a Virginia federal district court that had upheld Lawlor’s conviction and sentence, ordering that he be granted a new sentencing hearing.
At trial, the judge prevented Lawlor’s defense team from calling a clinical psychologist—an expert in prison risk assessment and adaptation—who would have testified that Lawlor posed a very low risk of committing future acts of violence in prison. The testimony was offered both as mitigating evidence to support a sentence of life without parole and to rebut the prosecution’s aggravating circumstance that Lawlor “would constitute a continuing serious threat to society.” Writing for the unanimous court, Judge Stephanie D. Thacker said the state courts had disregarded clearly established U.S. Supreme Court law requiring that a capital defendant must be permitted to present and the sentencer must be permitted to consider “any admissible mitigating information in determining whether to assign the defendant a sentence less than death.” The court referenced the 1986 U.S. Supreme Court decision in Skipper v. South Carolina which specifically applied that constitutional requirement to evidence of post-arrest good conduct in prison.
In the mid-1990s, Virginia was one of only three states that offered juries a choice of sentencing a capital defendant to life without parole or death, but refused to inform the jury that a life sentence meant no possibility of parole. Death sentences dropped dramatically in Virginia after juries were truthfully instructed on their sentencing options. David Bruck, Clinical Professor of Law and Director of Virginia Capital Case Clearinghouse at Washington & Lee—who argued several of the U.S. Supreme Court cases requiring that juries be told about the life-without-parole option—said, “Virginia excludes evidence that every other death penalty state allows juries to have, so it’s not surprising that sooner or later the Virginia rule was going to be struck down by the federal courts. It’s always been illogical that the Virginia courts have restricted the evidence that juries can consider about whether an inmate would be nonviolent and well-behaved if sentenced to life without parole.”
Edward Ungvarsky, one of the lawyers who represented Lawlor, said Lawlor and his defense team were “grateful for the ruling. We thought there was nothing more important for jurors in making the decision about life in prison than to hear [whether] the person would be violent in prison. This court’s ruling brings Virginia into agreement with the entire rest of the country.” Lawlor was one of three men on Virginia’s death row, and his 2011 death sentence was the last one imposed in the state.
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U.S. Supreme Court Refuses to Hear Seven Florida Cases, Highlighting Deep Rift Among the Justices
On November 13, 2018, the U.S. Supreme Court declined to review seven death-penalty cases in which Florida courts had upheld death sentences imposed with unconstitutional sentencing procedures. The Court’s decision not to hear the seven Florida cases prompted opinions from three justices that highlight the deep substantive and procedural divide in the Court’s approach to capital cases.
In 2016, the Supreme Court ruled in Hurst v. Florida that Florida’s sentencing scheme violated the Sixth Amendment right to trial by jury because the judge, rather than the jury, was given the authority to find all facts that could subject the defendant to a possible death sentence. The Florida Supreme Court subsequently limited enforcement of that decision to cases in which juries did not reach a unanimous sentencing recommendation and prisoners whose initial appeals were decided after the U.S. Supreme Court decided a related case, Ring v. Arizona, in June 2002. The Florida courts have upheld every death sentence in which a jury unanimously recommended the death penalty, saying that any violations of Hurst in those cases were “harmless.” The U.S. Supreme Court has now refused to review 84 Florida cases in which death sentences were imposed under procedures that violated Hurst.
In Reynolds v. Florida, Justices Stephen Breyer, Clarence Thomas, and Sonia Sotomayor clashed about the denial of review to prisoners who challenged the Florida Supreme Court practice of finding Hurst error harmless. In a “statement respecting the denial of certiorari,” Justice Breyer highlighted issues present in the 84 Florida cases that underscore the Court’s need to review the constitutionality of capital punishment as a whole: “unconscionably long delays that capital defendants must endure as they await execution,” the question of whether Hurst should be applied to all Florida cases, and “whether the Eighth Amendment requires a jury rather than a judge to make the ultimate decision to sentence a defendant to death.” Ultimately, he concluded, “[r]ather than attempting to address the flaws in piecemeal fashion, … it would be wiser to reconsider the root cause of the problem — the constitutionality of the death penalty itself.” Justice Thomas sharply disagreed. In an opinion concurring with the denial of certiorari, he focused heavily on the gruesome circumstances of the murders for which the prisoners had been sentenced to die and said that the delays in the system are “a reason to carry out the death penalty sooner, not to decline to impose it.”
Justice Sotomayor dissented from the denial of certiorari. Voicing her concerns about the fairness of the sentencing process, she wrote, “it is this Court’s duty to ensure that all defendants, even those who have committed the most heinous crimes, receive a sentence that is the result of a fair process.” Contrary to the Court’s requirement that death-penalty juries “view their task as the serious one of determining whether a specific human being should die at the hands of the State,” Sotomayor wrote, the jurors in the Florida cases “were repeatedly instructed that their role was merely advisory.” The Florida Supreme Court's treatment of those advisory recommendations as legally binding, she wrote, "raises substantial Eighth Amendment concerns."
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DPIC Analysis: The Decline of the Death Penalty in Philadelphia
During his election campaign, Philadelphia District Attorney Larry Krasner described the economic wastefulness of city prosecutors' pursuit of the death penalty as "lighting money on fire." A DPIC analysis of the outcomes of the more than 200 death sentences imposed in the city since 1978 (click image to enlarge) and the last seven years of capital prosecution outcomes provides strong support for Krasner's claim. Data tracking the final dispositions of cases in which Pennsylvania prosecutors had provided notice of intent to seek the death penalty showed that between 2011 and 2017, 98.7% of the 225 cases in which Philadelphia prosecutors had sought the death penalty ended with a non-capital outcome. Similarly, 99.5% of the 201 death sentences imposed in the city—mostly in the 1980s and 1990s—have not resulted in an execution. Two thirds of the convictions or death sentences have already been reversed in the courts and 115 of the former death-row prisoners have since been resentenced either to life sentences (101) or a term of years (11) or been exonerated (3). The single execution was of a severely mentally ill man whom courts initially found incompetent to waive his rights, but was later permitted to be executed.
DPIC Executive Director Robert Dunham announced the results of the DPIC analysis at the National Constitution Center in Philadelphia at a news conference conducted by the death-row exonerees' organization Witness to Innocence. Dunham said that the data showed Philadelphia's pursuit of the death penalty has been "a colossally inefficient" waste of judicial resources and "a colossal waste of money."
Death sentences imposed in Philadelphia peaked in the first term of District Attorney Ronald Castille's administration in 1986-1989, when an average of 11.25 death sentences per year were imposed. 99 more death sentences were imposed in the decade of the 1990s. By 2001, 135 prisoners were on Philadelphia's death row, and the 113 African Americans on its death row were more than in any other county in the United States. Since then, death sentencing rates have plummetted, falling to 1.5 per year in 2006-2009, the final term of District Attorney Lynn Abraham's administration, and to fewer than one a year this decade, during the administration of Seth Williams. But even as the number of death sentences fell, the proportion of defendants of color sentenced to death in Philadelphia increased. In the past two decades, 82.6% of the defendants sentenced to death in Philadelphia have been African American. Of the 46 defendants sentenced to death in Philadelphia since 1997, 44 (95.7%) have been defendants of color.
Krasner's campaign pledge not to use the death penalty, Dunham said, was a "natural conclusion" of the steep decline in death penalty usage in the city.
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Florida Supreme Court Reverses Death Sentence That Flouted Legislative Amendments
The Florida Supreme Court has overturned the death sentence imposed on Eriese Tisdale (pictured) in 2016 in violation of a Florida law that had been enacted in an attempt to fix constitutional flaws in the state's death-penalty statute. The state court ruled on November 8, 2018, that St. Lucie County Circuit Judge Dan Vaughn's decision to sentence Tisdale to death after three members of the jury had voted to spare his life violated both a Florida law that permitted a death sentence only if at least ten jurors voted for death and a constitutional prohibition against non-unanimous jury verdicts for death.
Tisdale was convicted of capital murder on October 1, 2015 in the 2013 killing of St. Lucie County Sheriff’s Sgt. Gary Morales. At that time, Florida law permitted the trial judge to impose a death sentence if a majority of jurors recommended death. The jurors reached their sentencing recommendation on October 9, voting 9-3 in favor of death. The court conducted a second hearing on November 17 to consider additional evidence and argument, and set a January 15, 2016 date for imposing sentence. However, on January 12, 2016 in Hurst v. Florida, the U.S. Supreme Court struck down the capital sentencing procedures under which Tisdale had been tried, ruling that they unconstitutionally gave the trial judge sole authority to decide the facts that would determine whether a capital defendant could be subject to the death penalty. In response, the Florida legislature amended the law to require that jurors unanimously find any aggravating circumstances that the prosecution seeks to prove to make the defendant eligible for the death penalty. Although legal scholars and law-reform advocates warned that any bill permitting non-unanimous jury verdicts would be constitutionally suspect, the legislature retained a modified non-unanimity rule that had been advocated by the Florida Prosecuting Attorneys Association. The new sentencing law, which went into effect on March 7, 2016, permitted trial judges to impose a death sentence if at least ten jurors recommend death. Despite the 9-3 jury vote in Tisdale's case, Vaughn nevertheless imposed a death sentence on May 9, 2016. Subsequently, the Florida Supreme Court ruled in Hurst v. State, that death sentences imposed without a unanimous jury recommendation for death had to be reversed under the federal Hurst decision, and that non-unanimous death verdicts also violated the Florida constitution.
Applying the Hurst decisions, the court ruled that Tisdale's death sentence violated the state and federal constitutions and the March 2016 Florida sentencing law. St. Lucie State Attorney Tom Bakkedahl said the state supreme court's ruling "was inevitable, we knew it was coming based on the Supreme Court’s holding in Hurst.” Although Bakkedahl acknowledged it would be "gut-wrenching" for the Morales family to be subjected "to [the] pain and anguish of having to go through these proceedings again," he said "the sooner [the case] comes back, the sooner I can send [Tisdale] back to death row.” Sergeant Morales's brother, Ken, told South Florida's FOX-29, "I think as a family, as long as he spends the rest of his life in prison, we're fine with that."
As of November 9, 2018, the Florida courts have overturned 136 non-unanimous death sentences as a result of the Hurst rulings. However, the court has refused to apply Hurst to cases decided on appeal before June 2002, thus far allowing 147 death sentences imposed under the unconstitutional statute to stand.
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Split Jury Spares Iraq-War Vet in High Profile Virginia Capital Case
A Virginia jury has spared the life of Iraq war veteran Ronald Hamilton (pictured, right, with his father) in the 2016 killings of his wife and a rookie police officer. The jury split 6-6 on whether to impose the death penalty for Hamilton's murder of his wife, Crystal Hamilton, but unanimously agreed to impose a life sentence for the death of Officer Ashley Guindon, who was killed while she responded to Crystal Hamilton's 911 call. Under Virginia law, the court must impose a life sentence if any of the jurors vote for life. At the sentencing phase of the trial, Hamilton's lawyers presented evidence of his possible posttraumatic stress disorder from two tours of duty in Iraq, emphasized his development into a model soldier who, as an Army sergeant, saved a colleague's life while they were under mortar fire, and presented testimony from his father, Ronald W. Hamilton, and other family members. During his testimony, the elder Ronald Hamilton—a retired police officer whose career included service at the White House and who served as the second-in-command of the Charleston, South Carolina police force—expressed his sympathy to the family of Officer Guindon and to the two other officers who were wounded. "I see the prosecutor’s side and defense side, and I can sit on either side. I feel the pain. I understand the duty," Hamilton testified. "If anyone in this courtroom had their relative sitting where my son was, they’d be asking for mercy," he said. As is often the case in capital trials of war veterans, the prosecution had attempted to convert Hamilton's military service into an aggravating factor, repeatedly referring to him as "depraved" and "dangerous." Prosecutor Richard Conway told the jury that soldiers "deserve respect and deserve protection, but they don't get a pass for capital murder," while his co-counsel, Matthew Lowery urged the jury to "[p]ut him in the grave because that's what he deserves."
No Virginia jury has imposed a death sentence since 2011 and Hamilton had offered to plead guilty in exchange for a sentence of life without parole. However, Prince William County Commonwealth's Attorney Paul Ebert – known for his frequent use of the death penalty – rejected the offer. The county is responsible for more executions since 1976 than any other county in the Commonwealth and is among the 2% of counties that account for a majority of all executions in the United States in that period.
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73% of North Carolina's Death Row Sentenced Under Obsolete Laws, New Report Says
Most of the 142 prisoners on North Carolina’s death row were convicted under obsolete and outdated death-penalty laws and would not have been sentenced to death if tried today, according to a new report by the Center for Death Penalty Litigation. The report by the Durham-based defense organization, titled Unequal Justice: How Obsolete Laws and Unfair Trials Created North Carolina’s Outsized Death Row, says that nearly three-quarters of the prisoners on the nation’s sixth-largest death row were tried and sentenced before the state enacted significant reforms in prosecution, defense, and trial practices. “[I]f these people on death row had been tried under modern laws, most of them would be serving life without parole sentences instead of facing execution,” said Gretchen Engel, the Center’s executive director.
Seventy-three percent of the men and women on North Carolina’s death row (103 prisoners) were tried and sentenced to death before July 2001, when North Carolina repealed a 1990s-era law that had required prosecutors to pursue the death penalty in every aggravated murder case, irrespective of reasons that might call for mercy, and created a statewide office to represent indigent defendants in capital trials and appeals. North Carolina was the only state in the country that denied prosecutors the discretion to decide when to seek the death penalty, and as a result, there were more than fifty capital trials in the state each year, including cases involving defendants who were seriously mentally ill or intellectually disabled or were comparatively minor participants in a murder. Capital trials fell to an average of sixteen per year in the decade following the change. The creation of the capital defender office that same year dramatically improved the quality of representation, and further reduced the number of cases in which death verdicts were returned. Since then, North Carolina has enacted additional reforms aimed at ensuring fairer trials in capital cases. In October 2004, the state became the first in the country to require prosecutors to make all witness files, police reports, other investigative records, and physical evidence available to capital defendants prior to trial. In 2008, it adopted a series of eyewitness identification and interrogation protocols designed to prevent mistaken identifications and false or coerced confessions.
The report states that during the 1990s, before the reforms were enacted, “courtrooms were dominated by prosecutors like Ken Honeycutt in Stanly County, who celebrated new death sentences by handing out noose lapel pins to his assistant prosecutors.” “Today,” Engel said, “we are living in a different world .... Public support for the death penalty is at a 50-year low, and North Carolina has stopped executing people. Juries now see life without parole as a harsh and adequate punishment for the worst crimes.” That, however, has produced its own historical inequities. In terms of moral culpability, Engel said, the defendants facing trial in 1995 and 2015 “are equal. And yet, one of them is being subjected to execution and other is not and that is an unfairness that as a fair society, we can not tolerate.”
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Law Review: Junk Mental Health Science and the Texas Death Penalty
Junk science is “enabling and perpetuating grave miscarriages of justice” in Texas death-penalty cases. So concludes Professor James Acker in his article, Snake Oil With A Bite: The Lethal Veneer of Science and Texas’s Death Penalty, published in the latest issue of the Albany Law Review. Acker’s article highlights the heightened risks of injustice from pseudo-science and junk science in capital cases in Texas, one of the few states that conditions death eligibility upon a finding of the defendant’s future dangerousness. Acker writes that, “at virtually every ... stage of the state’s capital punishment process,” Texas prosecutors “have alternately enlisted expert witnesses and scientists who have helped move accused and convicted offenders progressively closer to the execution chamber, and ignored or discounted scientific norms and developments inconsistent with securing and carrying out capital sentences. All too often, the determinations made in support of death sentences are of dubious reliability—including opinions and conclusions based on what many would agree to qualify as junk science—thus greatly enhancing the risk of miscarriages of justice ....”
Acker’s article discusses Texas’s long history of abusing expert testimony in support of execution, starting with the case of Estelle v. Smith, in which Dr. James Grigson — later nicknamed “Dr. Death” — evaluated Ernest Smith for his competency to stand trial, did not notify counsel of the evaluation, failed to advise Smith of his right to remain silent, and then testified in the penalty phase “that Smith was a severe sociopath, that his condition could not be treated, and that he ‘is going to go ahead and commit other similar or same criminal acts if given the opportunity to do so.’” The U.S. Supreme Court overturned Smith’s death sentence in 1981 for violations of his right to counsel and his constitutional privilege against compelled self-incrimination. Two years later, in Barefoot v. Estelle, the Court permitted the use of psychiatric predictions of future dangerousness, despite warnings by the American Psychiatric Association that such testimony was speculative and highly unreliable. Grigson went on to testify in 167 capital cases, repeatedly responding to hypothetical questions posed by prosecutors (even after he was expelled from state and national professional associations because of this practice) that defendants whose institutional records he had never reviewed and whom he had never evaluated were certain to commit future acts of violence. Texas has also misused expert mental health testimony in capital cases to falsely argue that capital defendants posed an increased threat to society because of their race or ethnicity, Acker writes. He describes the testimony of Dr. Walter Quijano, a clinical psychologist who testified in seven cases that defendants were more likely to pose a danger to society because they were black or Latino. The Texas Attorney General’s office ultimately conceded error in all but one of those cases. Duane Buck’s case, however, reached the Supreme Court, where Chief Justice Robert condemned Quijano’s testimony as “powerful racial stereotyping.”
The Texas courts also systemically disregarded scientific standards or otherwise abused expert mental health testimony in determinations of intellectual disability and competency to be executed, Acker says. In the case of Moore v. Texas, the Supreme Court declared Texas’s approach to intellectual disability to be unconstitutional and ordered a reconsideration of Bobby Moore’s intellectual disability claim. With the prosecution, the defense, and multiple mental health groups all agreeing that Moore is intellectually disabled, the Texas Court of Criminal Appeals nevertheless upheld his death sentence. Finally, Acker writes, the state’s approach to competency has been an outlier, deeming Scott Panetti — who had been “hospitalized more than a dozen times [for mental illness and] been diagnosed as suffering from schizophrenia, bipolar disorder, auditory hallucinations, and delusions of persecution and grandeur” — competent to stand trial, to represent himself, and to be executed. Texas “has alternatively coopted, disregarded, and subverted science and prevailing disciplinary norms of the mental health professions,” Acker concludes. “The death penalty in Texas, imbued with powerful symbolism and political significance, has succeeded not only in condemning offenders, but also the principled teachings of science. ... Science and politics are a deadly mixture, in the nature of snake oil with a bite.”
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