Publications & Testimony

Attorneys for Rodney Reed, a death row inmate in Texas, have filed a peti­tion in a coun­ty court with new evi­dence sup­port­ing an alter­nate the­o­ry of the crime that led to Reed’s con­vic­tion. Reed is sched­uled to be exe­cut­ed on March 5 for the murder…

A recent arti­cle by Prof. Eric Berger of the University of Nebraska College of Law argued that defen­dants fac­ing exe­cu­tion have a fun­da­men­tal right to know impor­tant infor­ma­tion about the lethal injec­tion drugs they will be giv­en. Berger wrote,​“Judicial recog­ni­tion of this due process right would both pro­tect Eighth Amendment val­ues and also encour­age states to make their exe­cu­tion pro­ce­dures more trans­par­ent and less dangerous.”…

On February 13, 2015 Governor Tom Wolf of Pennsylvania announced a mora­to­ri­um on all exe­cu­tions in the state. He said no exe­cu­tions will take place at least until he has​“received and reviewed the forth­com­ing report of the Pennsylvania Task Force and Advisory Commission on Capital Punishment, estab­lished under Senate Resolution 6 of 2011, and there is an oppor­tu­ni­ty to address all concerns satisfactorily.”…

A new report from the Equal Justice Initiative (EJI) of Alabama has doc­u­ment­ed more lynch­ings in American his­to­ry than pre­vi­ous­ly report­ed, par­tic­u­lar­ly of African Americans in the South, and has drawn par­al­lels between this prac­tice and the modern…

In February 2015, the Brennan Center for Justice released a report exam­in­ing poten­tial expla­na­tions for the dra­mat­ic drop in crime in the U.S. in the 1990s and 2000s. The death penal­ty was one of the pos­si­ble con­tribut­ing caus­es the researchers eval­u­at­ed. The report’s con­clu­sion: the death penal­ty had no effect on the decline in crime. The authors explained:​“Empirically, cap­i­tal pun­ish­ment is too infre­quent to have a mea­sure­able effect on the crime drop.

On February 9, the House of Delegates of the American Bar Association unan­i­mous­ly passed two res­o­lu­tions call­ing for unan­i­mous juries in cap­i­tal sen­tenc­ing and greater trans­paren­cy in lethal injec­tion pro­ce­dures. Resolution 108A stat­ed:​“Before a court can impose a sen­tence of death, a jury must unan­i­mous­ly rec­om­mend or vote to impose that sen­tence,” and,​“The jury in such cas­es must also unan­i­mous­ly agree on the exis­tence of any fact that is…

A new Rasmussen poll found that 57% of American adults sup­port the death penal­ty, down from 63% in the orga­ni­za­tion’s polls dat­ing from 2009. The poll found 26% of respon­dents opposed the death penal­ty, with 17% unde­cid­ed. Respondents were also asked whether they favored the death penal­ty for James Holmes if he is con­vict­ed of the mass shoot­ing at a movie the­ater in Aurora, Colorado. Just 55% said they believed Holmes should be…

A new book, Examining Wrongful Convictions: Stepping Back, Moving Forward, explores the caus­es and relat­ed issues behind the many wrong­ful con­vic­tions in the U.S. Compiled and edit­ed by four crim­i­nal jus­tice pro­fes­sors from the State University of New York, the text draws from U.S. and inter­na­tion­al sources. Prof. Dan Simon of the University of Southern California said,​”This book offers the most com­pre­hen­sive and insight­ful treat­ment of wrongful…

A group of con­ser­v­a­tive lead­ers has joined in an effort to save the life of Scott Panetti, a Texas death row inmate with a his­to­ry of severe men­tal ill­ness. Members include sev­er­al law enforce­ment offi­cials and notable con­ser­v­a­tives, such as Mark Earley – for­mer Attorney General of Virginia, Harold Stratten – for­mer Attorney General of New Mexico, David Keene – the Washington Times opin­ion edi­tor, James Miller III – director of…

A new book by Prof. Jeffrey Kirchmeier of the City University of New York exam­ines the recent his­to­ry of race and the death penal­ty in the U.S. The book uses the sto­ry of a Georgia death row inmate named Warren McCleskey, whose chal­lenge to the state’s death penal­ty went all the way to the Supreme Court. In 1987 the Court held (5 – 4) that his sta­tis­ti­cal evi­dence show­ing that Georgia’s system of…