Publications & Testimony

Court Rules California’s New Lethal Injection Procedures are Invalid Superior Court Judge Lynn O’Malley Taylor held that the California Department of Corrections and Rehabilitation failed to fol­low prop­er pro­ce­dure for insti­tut­ing new reg­u­la­tions when it issued new lethal injec­tion pro­to­cols in May. Under state law, an agency that adopts new reg­u­la­tions must first pub­lish the text, invite pub­lic com­ments, hold a hear­ing if a mem­ber of the pub­lic requests one, and submit the…

In April 2001, Governor Huckabee signed a law pro­vid­ing for Defense Counsel Standards and DNA…

The ban on exe­cut­ing the men­tal­ly retard­ed was signed into law ear­li­er this year, and Napolitano said she backed most of the oth­er rec­om­men­da­tions, say­ing, ​“If the state wants to con­tin­ue to have the death penal­ty, they bet­ter fund some of these things.” Read the report. (Associated Press,…

On May 20, 2001, Governor Siegelman signed a law cre­at­ing the Committee on Compensation for Wrongful Incarceration allow­ing repa­ra­tions to be made in the event that an inno­cent per­son is con­vict­ed and imprisoned…

On Tuesday, Dec. 4, the U.S. Supreme Court will hear argu­ments in Snyder v. Louisiana, a case involv­ing a black defen­dant sen­tenced to death by an all-white jury after the pros­e­cu­tion used its peremp­to­ry strikes to exclude all of the qual­i­fied black jurors. During Allen Snyder’s 1996 tri­al for the mur­der of a man his estranged wife was dat­ing, pros­e­cu­tor James Williams of Jefferson Parish urged the all-white jury to sen­tence the defen­dant to death so that Snyder would not ​“get away with it”…

In a recent op-ed in the New Jersey Daily Record, Jim O’Brien detailed his expe­ri­ences with the legal sys­tem as the father of a mur­der vic­tim. His daugh­ter Deidre was mur­dered in 1982, and the cap­i­tal tri­als and appeals for the man con­vict­ed of the crime last­ed anoth­er 8 years. O’Brien stat­ed, ​“I’ve lived through the state’s process of try­ing to kill [a mur­der­er], and I can say with­out hes­i­ta­tion that it is not worth the anguish that it puts sur­vivors through….” Because of the ​“hor­ren­dous…

By BOB MAKINSTAFF WRITERNovember 28, 2007 Home News…

If cur­rent trends con­tin­ue, New York City will like­ly have few­er than 500 homi­cides this year, the low­est num­ber in a 12-month peri­od since reli­able NYC Police Department sta­tis­tics became avail­able in 1963. As of November 18, 2007, the police depart­ment logged 428 killings, the major­i­ty of which were com­mit­ted by friends or acquain­tances or were drug or gang-relat­ed. In fact, only 35 homi­cides this year were com­mit­ted by strangers to the vic­tims, a num­ber described as ​“micro­scop­ic” in a city…

The New York Times inves­ti­gat­ed the post-exon­er­a­tion lives of the 206 for­mer inmates who were wrong­ful­ly con­vict­ed and released through DNA evi­dence. Fifty-three of the cas­es involved mur­der con­vic­tions, and more than 25% of those wrong­ful­ly con­vict­ed had giv­en a false con­fes­sion or incrim­i­nat­ing state­ment. Working from a list pro­vid­ed by the Innocence Project, the Times gath­ered infor­ma­tion on 137 of the 206 exonerees and were able to inter­view 115 of those. They found that most…

In a recent arti­cle in the Ohio State Journal of Criminal Law, Dr. Jeffrey Fagan of Columbia University describes numer­ous seri­ous errors in recent deter­rence stud­ies, includ­ing improp­er sta­tis­ti­cal analy­ses and miss­ing data and vari­ables that are nec­es­sary to give a full pic­ture of the crim­i­nal jus­tice sys­tem. Fagan writes, ​“There is no reli­able, sci­en­tif­i­cal­ly sound evi­dence that [shows that exe­cu­tions] can exert a deter­rent effect…. These flaws and omis­sions in a body of scientific…