Publications & Testimony

The American Bar Association recent­ly released its annu­al report, The State of Criminal Justice-2013, includ­ing a chap­ter on devel­op­ments in cap­i­tal pun­ish­ment in the United States. In that chap­ter, author Ronald Tabak focus­es on the con­tin­u­ing decline in death sen­tences and exe­cu­tions, recent inno­cence cas­es, and new voic­es who have spo­ken out about the death penal­ty. The chap­ter high­lights recent research on cap­i­tal pun­ish­ment, includ­ing stud­ies that found racial…

At a recent event spon­sored by the High Commissioner for Human Rights, United Nations Secretary General Ban Ki-Moon encour­aged mem­ber nations to work towards end­ing cap­i­tal pun­ish­ment. Mr. Ban par­tic­u­lar­ly focused on the risk of wrong­ful exe­cu­tions, say­ing, ​“We have a duty to pre­vent inno­cent peo­ple from pay­ing the ulti­mate price for mis­car­riages of jus­tice. The most sen­si­ble way is to end the death penal­ty.” The event – ​“Moving away from the death penal­ty – Wrongful…

On June 27, the U.S. Supreme Court agreed to hear argu­ments in White v. Woodall, a death penal­ty case from Kentucky, to be heard dur­ing the Court’s next term. Robert Woodall plead­ed guilty to cap­i­tal mur­der and chose not to tes­ti­fy in the sen­tenc­ing phase of his tri­al. His attor­neys request­ed that the judge instruct the jury not to draw any adverse infer­ences from Woodall’s deci­sion not to tes­ti­fy on his own behalf, but the request was denied because the judge…

The Fort Worth Star-Telegram announced a change in its stance on the death penal­ty in a recent edi­to­r­i­al mark­ing the 500^th exe­cu­tion in Texas. While the news­pa­per had pre­vi­ous­ly endorsed a mora­to­ri­um on exe­cu­tions, it now sup­ports the abo­li­tion of cap­i­tal pun­ish­ment. The edi­tors said that moral grounds alone are enough to war­rant end­ing the death penal­ty, but they also cit­ed a vari­ety of prob­lems in Texas’s use of the death penal­ty, includ­ing geo­graph­i­cal and racial disparities in…

An Ohio Supreme Court com­mit­tee appoint­ed to study the death penal­ty recent­ly made rec­om­men­da­tions on how the state’s cap­i­tal pun­ish­ment sys­tem can lessen the impact of racial bias. The com­mit­tee rec­om­mend­ed lim­it­ing the death penal­ty to few­er cas­es, focus­ing on those involv­ing mul­ti­ple vic­tims, those involv­ing vic­tims under the age of 13, killings of police offi­cers, and crimes com­mit­ted to elim­i­nate wit­ness­es. The pro­pos­al attempts to remove the influ­ence of race in capital…

On June 26, lawyers in Florida filed a law­suit chal­leng­ing the 2013 Timely Justice Act, a law signed by Gov. Rick Scott ear­li­er in June. The Act could accel­er­ate exe­cu­tions by requir­ing the gov­er­nor to sign a death war­rant with­in 30 days of a Supreme Court review, pro­vid­ed the gov­er­nor deter­mines that the clemen­cy process is com­plete. An exe­cu­tion must fol­low with­in 180 days. The law­suit was filed by the Capital Collateral Regional Counsel, a…

On June 25 (Tuesday), the Oklahoma Supreme Court sus­pend­ed for­mer Oklahoma County pros­e­cu­tor Robert Bradley Miller for his mis­con­duct in mur­der tri­als that even­tu­al­ly led to the release of two death row inmates. In 2006, a fed­er­al judge dis­missed the mur­der con­vic­tions of Paris Powell and Yancy Douglas after find­ing that a deal made between the pros­e­cu­tor and the key wit­ness in the case was nev­er dis­closed to the defense…

Kimberly McCarthy (pic­tured), who is fac­ing exe­cu­tion on June 26, is sched­uled to become the 500^th per­son exe­cut­ed in Texas since 1976. McCarthy’s attor­ney, Maurie Levin, recent­ly filed a new motion to stay the exe­cu­tion because racial dis­crim­i­na­tion and inad­e­quate legal rep­re­sen­ta­tion played sig­nif­i­cant roles in McCarthy’s case. According to the fil­ing, only four non-white poten­tial jurors made it to the final selec­tion from an ini­tial pool of 64 prospective…

The Oregon Supreme Court ruled that Governor John Kitzhaber may delay the exe­cu­tions of the state’s death row inmates dur­ing his term of office. In 2011, Kitzhaber insti­tut­ed a mora­to­ri­um on all exe­cu­tions in the state, say­ing, ​“I refuse to be a part of this com­pro­mised and inequitable sys­tem any longer; and I will not allow fur­ther exe­cu­tions while I am Governor.” That deci­sion was chal­lenged by death row inmate Gary Haugen, who had waived his appeals in order to speed up…