In response to an amendment to the Matthew Shepard Hate Crimes Prevention Act that would add the death penalty as a punishment for certain offenses under the Act, Senator Edward Kennedy (MA) entered a statement into the Congressional Record highlighting some of the risks of the death penalty. An excerpt of his statement appears below:
Mr. KENNEDY. Mr. President, Senator SESSIONS has introduced an amendment that would create two new death penalty eligible offenses for crimes under the Matthew Shepard Act. I stand firmly in opposition to any new legislation that would radically expand the use of the death penalty, and I urge my colleagues in the Senate to oppose the Sessions amendment because it adds another new death penalty to the Federal Criminal Code. Since the reinstatement of the death penalty in the 1970s, the Death Penalty Information Center has reported that 135 people have been released from death row in the United States because of innocence — approximately one exoneration for every nine executions.
Some have attempted to argue that the
 large number of death row exonerations
 demonstrates that the system is
 working. Yet in many cases, fatal mistakes
 were avoided only because of discoveries
 made by students or journalists,
 not the courts.
 In the last 6 months, there have already
 been five exonerations in death
 penalty cases in four different States.
 Ronald Kitchen was freed from prison
 in Illinois after the State dismissed all
 charges against him on July 7. He had
 spent 13 years on death row and a total
 of 21 years in prison. Herman Lindsey
 was freed from Florida’s death row on
 July 9 after the State supreme court
 unanimously ruled for his acquittal
 from a 2006 conviction. As the court
 said:
 [T]he State failed to produce any evidence
 in this case placing Lindsey at the scene of
 the crime at the time of the murder.… Indeed,
 we find that the evidence here is equally
 consistent with a reasonable hypothesis of
 innocence.
 There have also been three other exonerations
 of death row prisoners, including
 Nathson Fields in Illinois, Paul
 House in Tennessee, and Daniel Moore
 in Alabama.
 This high number of exonerations has
 led many observers, both liberal and
 conservative, to express concern about
the fairness of the death penalty’s administration.
 As former Supreme Court
 Justice Sandra Day O’Connor has stated
 ‘‘if statistics are any indication, the
 system may well be allowing some innocent
 defendants to be executed.’’
 How can we continue to expand a system
 that likely leads to the execution
 of innocent defendants?
 The U.S. Government should not be
 in the business of taking the lives of
 innocent Americans. Supreme Court
 Justice Arthur Goldberg once said that
 the deliberate institutionalized taking
 of human life by the state is the greatest
 degradation of the human personality
 imaginable. We must not expand
 this flawed system by accepting Senator
 SESSIONS’ broad amendment.
(Congressional Record, Senate, at S7683-84, July 20, 2009) (statement of Senator Kennedy). See Innocence and Recent Legislation.
 
    