Publications & Testimony

A new study con­duct­ed by law pro­fes­sors Justin Marceau (left) and Sam Kamin (mid­dle) of the University of Denver and Wanda Foglia (right) of Rowan University found that the death penal­ty in Colorado is applied so rarely as to ren­der the sys­tem uncon­sti­tu­tion­al. The authors con­clud­ed that Colorado’s death penal­ty law is applic­a­ble to almost all first-degree mur­ders, but is imposed so infre­quent­ly that it fails to pro­vide the…

Carlos Moreno, who served as a Justice on California’s Supreme Court for near­ly a decade and upheld more than 200 death sen­tences, now sup­ports a bal­lot mea­sure to replace the death penal­ty with a sen­tence of life with­out parole because the sys­tem is bro­ken and unlike­ly to be fixed. Justice Moreno said that as long as cap­i­tal defen­dants are ​“enti­tled to a fair tri­al and decent legal rep­re­sen­ta­tion, there’s no way the sys­tem can accom­plish its…

On August 3, the Inter-American Commission on Human Rights (IACHR) of the Organization of American States (OAS), which includes the U.S., called for a mora­to­ri­um on exe­cu­tions in the region and released a report review­ing key areas of con­cern about the death penal­ty. The report made a series of rec­om­men­da­tions for mem­ber States, includ­ing: — States should refrain from any mea­sure that would expand the appli­ca­tion of the death penal­ty or rein­tro­duce it, — States should take…

Use of the death penal­ty in California has declined in recent years. There have been no exe­cu­tions in six years, and the num­ber of death sen­tences in 2011 dropped sharply from pre­vi­ous years. District Attorney Mark Peterson of Contra Costa County said his office tries to be smart on crime rather than auto­mat­i­cal­ly seek­ing death. ​“People here want us to be tough on crime, but they want us to be smart on crime,” he said. ​“Even though we might per­son­al­ly believe a defendant…

On August 1, Delma Banks Jr., one of the longest serv­ing inmates in Texas death-penal­ty his­to­ry, received a life sen­tence and will be eli­gi­ble for parole in 2024 under a plea agree­ment with pros­e­cu­tors. Banks was con­vict­ed by an all-white jury of a 1980 mur­der, but there were no wit­ness­es to the killing and no phys­i­cal evi­dence link­ing Banks to it. The prosecution’s case relied large­ly on the tes­ti­mo­ny of two infor­mants, both admit­ted drug users. In 1999,…

Joseph Ard, who spent 11 years on South Carolina​’s death row and a total of 19 years in con­fine­ment, was freed from prison on July 31. Ard was sen­tenced to death for the 1993 shoot­ing of his preg­nant girl­friend. After his con­vic­tion, new lawyers unearthed evi­dence that cor­rob­o­rat­ed Ard’s claim that the shoot­ing was acci­den­tal, result­ing from a strug­gle with his girl­friend over a gun. Ard was grant­ed a re-tri­al in 2007, and his lawyers pre­sent­ed sci­en­tif­ic tes­ti­mo­ny that his…

Ronald Smith (pic­tured) is one of two Canadian cit­i­zens on death row in the United States. Smith is fac­ing exe­cu­tion in Montana for the kid­nap­ping and mur­der of two mem­bers of the Blackfeet Nation thir­ty years ago. Smith’s co-defen­dant, Rodney Munro, plead­ed guilty to aggra­vat­ed kid­nap­ping and was returned to Canada and released from jail in 1998. Munro cred­its Smith for sav­ing his life, say­ing that he was giv­en a plea deal and released because Smith admitted…

Despite the U.S. Supreme Court’s ban on the death penal­ty for defen­dants with men­tal retar­da­tion, Texas is plan­ning to exe­cute Marvin Wilson on August 7. Wilson has an IQ of 61 and adap­tive func­tion­ing lev­els even low­er; the only board-cer­ti­fied expert to eval­u­ate Mr. Wilson con­clud­ed he has men­tal retar­da­tion (now known as intel­lec­tu­al dis­abil­i­ty). Wilson strug­gled in school, and dropped out after the 10^th grade. According to experts who assessed his mental…

In a recent op-ed, Tracie Olson, the Yolo County Public Defender, explained why California’s death penal­ty could be replaced with more cost-effi­cient and less risky alter­na­tives. Olson list­ed the death penalty’s high costs and risks of wrong­ful exe­cu­tions as rea­sons why alter­na­tives to the death penal­ty would be more ben­e­fi­cial to the state’s cit­i­zens. Olson cit­ed a 2011 study that found the death penal­ty has cost the state over $4 bil­lion since 1978, and that cap­i­tal cases…