Publications & Testimony

Orange County, California imposed nine death sentences between 2010 and 2015, more than 99.8% of American counties, and ranking it among the 6 most prolific death-sentencing counties in the country during that period. Over the last four years, patterns of misconduct have been revealed in the Orange County District Attorney’s Office, sheriff’s office, and crime lab. In 2015, Judge Thomas Goethals disqualified District Attorney Tony Rackauckas (pictured) and the entire prosecutor’s office from…

The United Nations General Assembly voted overwhelmingly on December 20 to adopt a resolution co-sponsored by 89 countries urging a worldwide moratorium on the death penalty. 117 nations voted in support of the world body’s sixth resolution on the subject, equaling the record number of countries who supported a UN moratorium resolution in 2014. 40 member nations, including the United States, voted against the measure, while 31 abstained. The resolution also called upon all countries to respect…

Most of the prisoners on Oregon’s death row suffer from significant mental impairments, according a study released on December 20, 2016 by the Fair Punishment Project at Harvard University. The Project’s analysis of case records, media reports, and opinions of Oregon legal experts found that two-thirds of the 35 people on the state’s death row ​“possess signs of serious mental illness or intellectual impairment, endured devastatingly severe childhood trauma, or were not old enough to legally…

More than 200 Florida death row prisoners may have their death sentences overturned, while more than 150 others who may have been unconstitutionally sentenced to death will not, as a result of two lengthy opinions issued by the Florida Supreme Court on December 22. The rulings in the cases of Asay v. State and Mosley v. State would entitle death row prisoners whose unconstitutional death sentences became ​“final” in or after 2002 to have their death sentences vacated in light of the decisions of…

Death sentences, executions, and public support for the death penalty continued their historic declines in 2016, according to DPIC’s annual report, ​“The Death Penalty in 2016: Year End Report,” released on December 21. The 30 death sentences imposed this year are the fewest in the modern era of capital punishment in the U.S. — since the Supreme Court declared all existing death penalty statutes unconstitutional in 1972 — and declined 39% from 2015’s already 40-year low. Just 20 people were executed…

A federal jury awarded $22 million in damages to Nathson Fields (pictured), who was wrongfully convicted of a gang-related murder and sentenced to death in 1986. Fields was exonerated in 2009. The jury found that two Chicago police detectives violated Fields’ civil rights by hiding critical evidence that suggested he did not commit the crime of which he was convicted. For many years, the Chicago police department maintained a practice of keeping secret ​“street files” on potential suspects. That…

Directed by the U.S. Supreme Court to reconsider its rulings upholding the death sentences imposed upon four Alabama defendants, the Alabama Court of Criminal Appeals affirmed three of the death sentences on December 16. The state court ruled that the death sentences imposed upon Ronnie Kirksey, Corey Wimbley, and Ryan Gerald Russell do not violate the Supreme Court’s January 16, 2016 decision in Hurst v. Florida. It has not yet ruled on the constitutionality of the death sentence imposed on…

On December 15, the Delaware Supreme Court ruled in Powell v. State that death-row prisoner Derrick Powell will get the benefit of its August 2016 decision in Rauf v. State declaring Delaware’s death sentencing statute unconstitutional. The court directed that Powell be resentenced to life without parole, in a ruling that also paves the way for resentencing Delaware’s twelve other death row prisoners to life. The court’s holding is based upon a legal principle called retroactivity. When the…

Juan Cartagena (pictured), President and General Counsel of LatinoJustice PRLDEF (formerly the Puerto Rican Legal Defense Fund), says there is ​“a growing understanding” among Latinos in Florida and across the country ​“that the death penalty is broken and it can’t be fixed.” In an op-ed for the Orlando Sentinel, Cartagena explains the reasons for Latino opposition to the death penalty, especially in Florida, which has a large Latino population and is home to Miami-Dade, Hillsborough, Pinellas…

After a two-week long ​“extensive hearing regarding the unreliability and arbitrariness of the death penalty system, the excessive delay involved in executions, and the growing decline in the use of the death penalty,” U.S. District Court Judge Geoffrey Crawford (pictured) ruled in the case of U.S. v. Donald Fell that the Federal Death Penalty Act (“FDPA”) ​“falls short of the [constitutional] standard … for identifying defendants who meet objective criteria for imposition of the death penalty,”…