Publications & Testimony

A two-year study of 11 wrong­ful con­vic­tion cas­es in Virginia found that mis­tak­en eye­wit­ness iden­ti­fi­ca­tion is the major rea­son inno­cent peo­ple have been con­vict­ed in the state. The report’s rec­om­men­da­tions note that Virginia could dra­mat­i­cal­ly reduce the num­ber of wrong­ful con­vic­tions through a series of reforms, such as chang­ing a vari­ety of police pro­ce­dures, relax­ing the state’s 21-day rule to allow evi­dence of inno­cence to be con­sid­ered beyond this…

Recently, var­i­ous vic­tims and rel­a­tives of vic­tims have tes­ti­fied before state leg­is­la­tures con­cern­ing the death penal­ty. In Connecticut, a woman who had been attacked by con­vict­ed mur­der­er Michael Ross, tes­ti­fied that she nev­er­the­less oppos­es his exe­cu­tion. And in North Carolina, the sis­ter of a man who was mur­dered in 2003 urged state leg­is­la­tors to recon­sid­er the death penal­ty.Vivian Dobson, who was attacked by Ross in 1983, said that the death penalty…

Bill Pelke tells of the life-alter­ing trans­for­ma­tion that occurred after his 78-year-old grand­moth­er was mur­dered by four teen-aged girls in his book, Journey of Hope…From Violence to Healing. Though at first he sup­port­ed the death penal­ty for 15-year-old Paula Cooper, one of the young girls who had mur­dered his grand­moth­er in her home for $10 and an old car, he lat­er opposed her exe­cu­tion and suc­cess­ful­ly fought to have Cooper’s death sen­tence over­turned. The book…

The Florida Supreme Court has vacat­ed James Floyd’s 1985 con­vic­tion and death sen­tence, rul­ing that crit­i­cal evi­dence was with­held by the pros­e­cu­tion and that the evi­dence might have been enough to change the ver­dict at tri­al. In its 4 – 2 deci­sion, the Court ruled that the pros­e­cu­tor’s fail­ure to inform Floyd’s defense coun­sel that an eye­wit­ness had seen two white men enter­ing the vic­tim’s home on the day of the mur­der and saw them leave in a suspicious manner…

The Death Penalty Information Center Web site con­tains sum­maries of the issues in upcom­ing Supreme Court argu­ments relat­ed to the death penal­ty, as well as sum­maries of recent Supreme Court decisions.

A recent arti­cle in the Western New England Law Review exam­ines ways in which the rules of evi­dence and pro­ce­dures at cap­i­tal sen­tenc­ing tri­als are less rig­or­ous than those applied at the guilt-phase of the tri­al. In cap­i­tal sen­tenc­ing hear­ings, evi­dence is per­mit­ted that would not be admis­si­ble to prove guilt. The defen­dant does not receive tra­di­tion­al tri­al pro­tec­tions at the sen­tenc­ing tri­al. For exam­ple, hearsay may be received by the jury during…

An Oklahoma County District Judge has deter­mined that Osbaldo Torres, a Mexican for­eign nation­al who was once on Oklahoma’s death row, should have been told before his tri­al that he had a right to con­tact his home coun­try’s con­sulate. Judge Twyla Mason Gray also found that Torres had inef­fec­tive coun­sel at his tri­al. Her find­ings stem from a December hear­ing held at the request of the State Court of Criminal Appeals. The appeals court want­ed Judge Gray to hear evidence about…

U.S. Senator Rick Santorum, an out­spo­ken con­ser­v­a­tive Catholic from Pennsylvania, is re-exam­­in­ing his views on cap­i­tal pun­ish­ment. In response to the announce­ment by the U.S. Catholic Conference of Bishops con­cern­ing their new Campaign to End the Use of the Death Penalty, Santorum said,​“I felt very trou­bled about cas­es where some­one may have been con­vict­ed wrong­ly. DNA evi­dence def­i­nite­ly should be used when pos­si­ble. I agree with the pope that in the civilized…

A nation­al poll of Roman Catholic adults con­duct­ed by Zogby International found that Catholic sup­port for cap­i­tal pun­ish­ment has declined dra­mat­i­cal­ly in recent years. The Zogby Poll was released on March 21, 2005 at a press con­fer­ence of the United States Conference of Catholic Bishops as it announced a new Campaign to End the Use of the Death Penalty. The poll revealed that only 48% of Catholics now sup­port the death penal­ty. Comparable polls by oth­er organizations had…

America Without the Death Penalty: States Leading the Way pro­vides a com­pre­hen­sive review of the con­di­tions that result­ed in twelve U.S. states not hav­ing cap­i­tal pun­ish­ment. The book looks at fac­tors such as eco­nom­ic con­di­tions, pub­lic sen­ti­ment, mass media, pop­u­la­tion diver­si­ty, mur­der rates, and the region­al his­to­ry of exe­cu­tions, that led to abo­li­tion in those states. The book’s authors, Professors John F. Galliher, Larry W. Koch, David Patrick Keys, and…