Articles

A recent edi­to­r­i­al in The Virginian-Pilot points to the prob­lem of arbi­trari­ness in apply­ing the death penal­ty. The edi­to­r­i­al asks,​“Is it right to look at who the vic­tims were? Is it fair to con­sid­er the strength of the evi­dence and the time and resources required to pur­sue the death penal­ty, a cost­ly process? Does it make a crime less impor­tant, a vic­tim’s life less mem­o­rable, if pros­e­cu­tors decide that life in a tiny prison cell is pun­ish­ment enough for…

Civil rights lit­i­ga­tor and death penal­ty expert Ronald J. Tabak recent­ly pub­lished​“The Private Bar’s Efforts to Secure Proper Representation for those Facing Execution” in the Justice System Journal. The arti­cle presents an in-depth review of the American Bar Association​’s (ABA) role in ensur­ing effec­tive coun­sel in cap­i­tal cas­es. Tabak recounts the ABA’s efforts since the mid-1980’s to secure com­pe­tent rep­re­sen­ta­tion at every state of legal…

In 1996, Illinois Governor Jim Edgar com­mut­ed the death sen­tence of Guin Garcia to life with­out parole, even though Garcia her­self had stopped fight­ing for her life. Garcia would have been the first woman exe­cut­ed in the U.S. in twelve years. She had been con­vict­ed of killing the man who had phys­i­cal­ly abused her, but she had dropped her appeals because she said she was done​“beg­ging for her life.” Chicago Sun-Times reporter Carol Marin fol­lowed Garcia’s case…

Former mem­bers of the New Jersey Supreme Court recent­ly shared their insights on the death penal­ty at a sym­po­sium spon­sored by Seton Hall and Fordham law schools, and by the the New York City and New Jersey State Bar asso­ci­a­tions. Five for­mer mem­bers of the Court, includ­ing two chief jus­tices, reviewed the 25 years of cap­i­tal pun­ish­ment in New Jersey before 2007’s repeal of the death penal­ty. Their con­clu­sions echoed the opin­ion of Justice Barry Albin in…

In May 2008, the California Supreme Court threw out the death sen­tence of con­vict­ed mur­der­er Adam Miranda and ordered a new sen­tenc­ing tri­al, rul­ing that Los Angeles County pros­e­cu­tors failed to dis­close key infor­ma­tion that like­ly affect­ed the sen­tenc­ing of Miranda. A Los Angeles Times edi­to­r­i­al high­lights the arbi­trari­ness of this case, not­ing that many defen­dants with­out ded­i­cat­ed rep­re­sen­ta­tion might not have fared so well. This edi­to­r­i­al asks about…

The gov­er­nor of Missouri, Matt Blunt, has pro­posed that his state expand the death penal­ty to include cas­es of sex­u­al assault against chil­dren where the vic­tim is not killed. However, accord­ing to an edi­to­r­i­al in the Springfield News-Leader, such a law would not pro­tect chil­dren. Instead, it could make it less like­ly that these offens­es would be report­ed, would put the child in dan­ger of even worse crimes, and would involve the child and…

Days after the Nebraska Supreme Court ruled that the elec­tric chair was uncon­sti­tu­tion­al, a Lincoln Journal Star edi­to­r­i­al urged the state to recon­sid­er the death penal­ty:​“Instead of rush­ing to pass a new means of cap­i­tal pun­ish­ment, the Legislature should take this oppor­tu­ni­ty to final­ly get rid of the death penal­ty.” Nebraska was the only state to retain the elec­tric chair as its sole means of exe­cu­tion. The paper not­ed that it was the right time to take…

In a recent edi­to­r­i­al, the Concord Monitor advo­cat­ed against expand­ing New Hampshire’s death penal­ty law to include mul­ti­­ple-mur­der offens­es, as some law­mak­ers have pro­posed. Instead, they say,​“the death penal­ty should be elim­i­nat­ed, not expand­ed.” The edi­to­r­i­al cites prob­lems in the death penal­ty process, such as wrong­ful con­vic­tions, high costs, and its arbi­trari­ness, as rea­sons for abo­li­tion. The Monitor also writes that the death…

The Richmond Times-Dispatch, a key paper in the Virginia state cap­i­tal, has long sup­port­ed the death penal­ty. But their recent edi­to­r­i­al takes the posi­tion that cap­i­tal pun­ish­ment​“achieves no legit­i­mate goals that can­not be achieved by a life sen­tence with no pos­si­bil­i­ty of parole.” The paper equates the death penal­ty with the state​“play­ing God.” The full text of the edi­to­r­i­al fol­lows: Del. Frank Hargrove, one of the General Assembly’s Don Quixotes, hopes the…

A recent arti­cle in Time Magazine by Editor-at-large David Von Drehle exam­ines the cur­rent state of the death penal­ty in the United States at a time when the Supreme Court is con­sid­er­ing the con­sti­tu­tion­al­i­ty of the most wide­ly used method of exe­cu­tion – lethal injec­tion. Von Drehle writes,​“In a per­fect world, per­haps, the gov­ern­ment would­n’t wait 30 years and sev­er­al hun­dred exe­cu­tions to deter­mine whether an exe­cu­tion method makes sense. But the world of…