Publications & Testimony

July 2, 2006 will mark the 30^th anniversary of the U.S. Supreme Court’s decision in Gregg v. Georgia, an historic ruling that upheld newly crafted death penalty statutes and signaled the beginning of the modern era of capital punishment. This milestone presents the public with an opportunity to examine the application of the death penalty over the past three decades and to test whether the Court’s expectation of a fairer and less arbitrary system of capital punishment has been fulfilled. As…

The U.S. Supreme has expanded the ability of death row inmates to challenge their convictions in federal court based on DNA evidence produced long after their trials. The ruling marks the first time that the Justices have considered the new evidentiary technology of DNA evidence when re-examining a death sentence. In its 5 – 3 decision, the Court held that new evidence, including DNA test results, raised sufficient doubt to merit a new hearing in federal court for Tennessee death row inmate Paul…

Recent editorials in The Washington Post and Roanoke Times praised Virginia Governor Tim Kaine’s decision to delay the execution of Percy Walton in order to ensure that he is sane enough to execute. The papers noted that Kaine’s decision, which drew criticism from some death penalty advocates, demonstrated “competence in lawfully applying the death penalty” and was “courageous.” The Washington Post noted: Virginia Gov. Timothy M. Kaine (D), a devout Catholic and principled opponent of the…

The U.S. Supreme Court has unanimously ruled that death row inmates seeking to challenge lethal injection as a method of execution after they have exhausted their regular appeals may pursue the issue as a civil rights claim. Though the decision in Hill v. McDonough did not answer the broader question regarding whether the chemicals used in lethal injections around the nation are unconstitutional because they may cause excruciating pain, it does permit inmates to challenge lethal injection using…

A new report issued by the American Bar Association’s Death Penalty Moratorium Implementation Project found that Alabama’s death penalty fails to meet fundamental ABA standards of fairness and accuracy. An eight-member assessment team assembled in Alabama by the ABA was so troubled by its findings that it called for a moratorium on executions in the state. The team urged lawmakers to take action to ensure effective representation at every stage of the capital process, to protect innocent people…

South Carolina Governor Mark Sanford and Oklahoma Governor Brad Henry have signed into law legislation that allows proseuctors to seek the death penalty for repeat child molesters. The new South Carolina law allows a death sentence if the accused has been twice convicted of raping a child younger than 11-years-old. It also sets a 25-year mandatory minimum prison sentence for some sex offenders, mandates that people convicted of criminal sexual conduct in the first degree wear an electronic…

An hour before the scheduled execution of Virginia death row inmate Percy Levar Walton, Governor Tim Kaine (pictured) issued a temporary stay to allow time for an independent inquiry to determine whether Walton is too mentally ill to be executed. “Due to the history of judicial concern about his mental status, the claims in Walton’s clemency petition are entitled to serious consideration. It would be imprudent to either proceed with the execution or grant clemency without further review,” Kaine…

The Virginia Supreme Court unanimously overturned a trial court’s determination that Daryl Atkins was not mentally retarded and that he was eligible for the death penalty. Atkins’ 2002 appeal to the U.S. Supreme Court resulted in the Court ruling that the execution of the mentally retarded is unconstitutional, but the ruling left it up to states to define retardation and determine the procedures for establishing this disability. Atkins’ case was then sent back to the York County Circuit Court…

The latest edition of the Amicus Journal is now available and features articles related to death penalty topics such as gender bias and jurors, as well as information on international capital punishment developments in the Caribbean and Africa. The journal features a story on the Middle Temple Library’s Capital Punishment Collection in Great Britain, an archive of textbooks, case-preparation aides, film documentaries, and other primary sources on the death penalty. The Amicus Journal highlights…

On June 6, the Philippine Senate voted with no negative votes to abolish the death penalty. Even senators who supported the death penalty voted for abolition. Life without parole sentences or 40 years in prison will be substituted for execution, depending on the offense. President Arroyo is strongly in favor of the effort to end the death penalty. Under the bill, all death sentences will be commuted to life sentences. One of the senators who was hesitant about ending capital punishment, Sen.