Publications & Testimony

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 a broad­er look at the death…

In a poten­tial­ly far reach­ing rul­ing, a tri­al judge in New Mexico has barred the state from seek­ing the death penal­ty because the leg­is­la­ture has failed to pro­vide ade­quate fund­ing for defense rep­re­sen­ta­tion. The state’s Attorney General, Gary King, agreed that the cap­i­tal pros­e­cu­tion can­not go for­ward. After find­ing that fund­ing for the defense was insuf­fi­cient and raised con­sti­tu­tion­al prob­lems, King wrote, ​“The state now con­fess­es the motion to dis­miss filed here­in and can­not in…

Ruling in a pre-tri­al mat­ter in New Mexico, Judge Timothy Garcia of Santa Fe County’s First Judicial District Court held the state’s death penal­ty law to be uncon­sti­tu­tion­al based on a study by the Capital Jury Project. The Project’s research in 14 states had found that jurors often do not fol­low the law in mak­ing their sen­tenc­ing deci­sion. In par­tic­u­lar, the judge found that the jurors’ propen­si­ty toward mak­ing their sen­tenc­ing deci­sion dur­ing the guilt-inno­cence phase of the…

“Legacy of Violence: Lynch Mobs and Executions in Minnesota,” a book by John D. Bessler (University of Minnesota Press, 2003), exam­ines the his­to­ry of ille­gal and state-sanc­tioned exe­cu­tions in Minnesota, one of twelve states that cur­rent­ly does not have the death penal­ty. The book is time­ly in that the cur­rent gov­er­nor, Tim Pawlenty, has pro­posed rein­stat­ing the death penal­ty, which was abol­ished in 1911. The book includes detailed per­son­al accounts from those who were involved in the…

Minnesota Senator Tom Neuville, the lead­ing Republican com­mit­tee mem­ber on the state’s Senate Judiciary Committee, says he will oppose Governor Tim Pawlenty’s efforts to rein­state death penal­ty. Neuville’s basic oppo­si­tion is moral: ​“If we solve vio­lence by becom­ing vio­lent our­selves, we become dimin­ished.” Neuville, a for­mer death penal­ty sup­port­er whose reex­am­i­na­tion of his pro-life beliefs led him to change his mind on the issue, feels that many of his col­leagues share his…

A Virginia judge ruled that pros­e­cu­tors may not seek the death penal­ty against a Vietnamese man accused of mur­der­ing two peo­ple because police vio­lat­ed the man’s rights under the Vienna Convention on Consular Relations by not inform­ing him that he could con­tact his coun­try’s con­sulate. “[T]he duty to give notice is absolute.… [T]he idea that the state can com­plete­ly ignore its treaty oblig­a­tions with­out con­se­quence essen­tial­ly oblit­er­ates the pur­pose for which the rights under the Vienna…