Publications & Testimony

Earl Berry is sched­uled to be exe­cut­ed on May 21 in Mississippi, despite evi­dence that he has men­tal retar­da­tion. Judicial review of this evi­dence has been denied because his for­mer lawyers failed to file the evi­dence in a time­ly fash­ion. This would be the sec­ond exe­cu­tion since the U.S. Supreme Court approved Kentucky’s method of lethal injec­tion on April 16. Last month, a psy­chol­o­gist con­clud­ed that Berry had an IQ of 75 or below and​“sig­nif­i­cant­ly…

Maryland Governor O’Malley signed leg­is­la­tion cre­at­ing a com­mis­sion to study the death penal­ty on May 13. The Maryland Commission on Capital Punishment is man­dat­ed to reflect on all sides of the issue and its mem­bers will include rep­re­sen­ta­tives from law enforce­ment, a pros­e­cu­tor, a pub­lic defend­er, and fam­i­ly mem­bers of mur­der vic­tims. The com­mis­sion begins its work in July and should sub­mit its find­ings by December 15, 2008. The following…

The Death Penalty: A Worldwide Perspective by Roger Hood and Carolyn Hoyle is the Fourth Edition of a text that high­lights the lat­est devel­op­ments in the death penal­ty around the world. Roger Hood uti­lizes his expe­ri­ence as a con­sul­tant to the United Nations’ annu­al sur­vey of cap­i­tal pun­ish­ment in com­pil­ing a wide range of infor­ma­tion from non-gov­­ern­­men­­tal orga­ni­za­tions and aca­d­e­m­ic lit­er­a­ture. The book explores both the advances in legal challenges to…

William Neukom, the President of the American Bar Association, recent­ly wrote about the death penal­ty in con­junc­tion with a vis­it to Duke University Law School in North Carolina, where he addressed the grad­u­at­ing class. In an op-ed, Mr. Neukom not­ed that the ABA had close­ly stud­ied the death penal­ty sys­tems of eight states and found repeat­ed fail­ures to meet min­i­mum stan­dards advo­cat­ed by the ABA. He renewed the call of the ABA for a halt…

On May 12, the U.S. Supreme Court grant­ed cer­tio­rari in Bell v. Kelly, No. 07 – 1223, where the peti­tion­er chal­lenged a low­er court’s dis­missal of his claim of inef­fec­tive­ness of coun­sel. Edward Nathaniel Bell stat­ed that his tri­al lawyers pre­sent­ed no mit­i­gat­ing evi­dence on his behalf at his sen­tenc­ing hear­ing, despite the exis­tence of many sym­pa­thet­ic facts that might have led a jury to vote for a life sen­tence. The state court pre­sent­ed with this…

In May 2008, the California Supreme Court threw out the death sen­tence of con­vict­ed mur­der­er Adam Miranda and ordered a new sen­tenc­ing tri­al, rul­ing that Los Angeles County pros­e­cu­tors failed to dis­close key infor­ma­tion that like­ly affect­ed the sen­tenc­ing of Miranda. A Los Angeles Times edi­to­r­i­al high­lights the arbi­trari­ness of this case, not­ing that many defen­dants with­out ded­i­cat­ed rep­re­sen­ta­tion might not have fared so well. This edi­to­r­i­al asks about…

In 1982, as a sec­ond term Assemblyman, Raymond Lesniak vot­ed to rein­state the death penal­ty in New Jersey. In December 2007, New Jersey vot­ed to abol­ish the death penal­ty, becom­ing the first state in 40 years to accom­plish this. Senator Lesniak was one of the spon­sors and leg­isla­tive lead­ers of the abo­li­tion bill. He has writ­ten a new book:​“The Road to Abolition: How New Jersey Abolished the Death Penatly.” In com­ment­ing on the book, Senator Lesniak said,​“Why do I care…

Recent exon­er­a­tions from death row, such as the release of Levon Jones in North Carolina on May 3, have been linked to the poor qual­i­ty of rep­re­sen­ta­tion some of these inmates received. This rais­es par­tic­u­lar con­cern as the nation resumed exe­cu­tions on May 6. William Lynd of Georgia was the first per­son exe­cut­ed since Sept. 25, 2007. But Georgia’s new pub­lic defend­er sys­tem has had its bud­get cut back and has been forced to elim­i­nate more than 40 positions.

Georgia is plan­ning to excute William Earl Lynd at 7 PM on May 6. If the lethal injec­tion goes for­ward, this would be first exe­cu­tion in the U.S. since September 25, 2007. On that day, the U.S. Supreme Court agreed to hear a chal­lenge to the lethal injec­tion process in Baze v. Rees. On April 16, 2008, the Court upheld the process of lethal injec­tion as prac­ticed in Kentucky, sig­nalling a prob­a­ble end to the 7‑month mora­to­ri­um on exe­cu­tions. However, the possible resumption…

Eighteen peo­ple have been exon­er­at­ed of seri­ous vio­lent crimes from a sin­gle Texas coun­ty through DNA-test­ing in recent years. James Woodward was the lat­est per­son to be freed from con­fine­ment from Dallas County. He spent 27 years in prison for the wrong­ful con­vic­tion of rap­ing and mur­der­ing his girl­friend in 1981. Statewide in Texas there have been 30 such exon­er­a­tions. As a par­tial response, state Senator Rodney Ellis has called for a summit on…