Publications & Testimony

A bill proposed by Rep. Daniel Lungren of California and Sen. Jon Kyl of Arizona would strip the federal courts of much of their power to decide whether death row inmates have been given a fair trial and could result in the execution of innocent defendants. The bill is entitled the Streamlined Procedures Act of 2005. The Washington Post editorialized about the measure: Stop This Bill Sunday, July 10, 2005; Page B06 CONGRESS HAS a novel response to the rash of prisoners over the past few years…

Robin Lovitt is scheduled for execution on July 11 in Virginia despite doubts about his guilt and the state’s weak and circumstantial case against him. Lovitt’s attorneys maintain that DNA testing of evidence in his case would prove that he is not guilty of the 1998 murder of Clayton Dicks, but the tests are not possible because a court clerk mistakenly destroyed the evidence. Columnist Margaret Edds of the The Virginian-Pilot recently wrote about the upcoming execution and the doubts that…

A number of states are grappling with the question of whether the lethal injection drug Pavulon, also known as pancuronium bromide, paralyzes a condemned inmate’s muscles in a way that masks horrific pain felt during an execution, a side-effect that experts say could violate of the Eighth Amendment’s ban on cruel and unusual punishment. The Tennessee Supreme Court heard arguments about this issue in a death row case in June 2005 and a similar case is expected to reach the Kentucky Supreme Court…

Retiring Justice Sandra Day O’Connor’s evolving skepticism about capital punishment has played a significant role in a number of key decisions regarding the death penalty throughout her 24 years on the U.S. Supreme Court. During public appearances in recent years, she has often mentioned her concerns about innocence and the need to protect a capital defendant’s constitutional right to adequate representation. In a 2001 speech she stated, ​“Serious questions are being raised about whether the…

By a vote of 5 – 4, the U.S. Supreme Court reversed a lower court’s grant of relief to Tennessee death row inmate Gregory Thompson. The U.S. Court of Appeals for the Sixth Circuit had announced that its initial denial of Thompson’s appeal was mistaken. After first denying Thompson’s habeas corpus petition, the Sixth Circuit discovered previously unconsidered evidence that Thompson was suffering from schizophrenia at the time of the offense. The court reconsidered the case in light of the evidence…

Murdering Myths: The Story Behind the Death Penalty, a new book by Judith W. Kay, uses the personal experiences of both crime victims’ families and those on death row to examine America’s beliefs about crime and punishment. Noting that researchers have raised questions about the execution of innocent people, racial bias in sentencing, and capital punishment’s failure to act as a deterrent, Kay asks why Americans still support the death penalty. She uses interviews with those most closely…

Texas Governor Rick Perry has announced the appointment of the members of the state’s new Criminal Justice Advisory Council, including three judges, two prominent state legislators, a defense attorney, a prosecutor, and 13 additional ex-officio members. The commission will study potential flaws and recommend changes to the state’s justice system. This is the first group in many years to have broad-ranging authority to look at the Texas criminal justice system from arrest to final appeal. Among…

The U.S. Supreme Court has agreed to hear a capital case challenging the standard of proof needed for claims of innocence based on new evidence. The Justices will consider an appeal filed by Paul House, a Tennessee death row inmate who says new DNA evidence proves he was wrongfully convicted. In 1993 in Herrera v. Collins, a 5‑member majority of the Court said a claim of innocence based on new evidence alone is generally not enough to merit a new hearing in federal court. However, in 1995 in…

Retired Orange County, California Superior Court Judge Donald A. McCartin, who was once known as ​“the hanging judge,” recently called for an end to the death penalty. In a column he published in the Orange County Register, McCartin revealed that a number of recent death penalty cases and rulings by the U.S. Supreme Court have led him to now oppose capital punishment because it is expensive and can never be applied in a fair and balanced way. He wrote: This may seem strange coming from a man…

After an audit of Virginia’s Division of Forensic Science resulted in criticism of the crime laboratory’s procedures in testing DNA evidence, the state announced that it will now review the lab’s findings in 160 cases, including approximately 24 death penalty cases that hung on DNA evidence. Robert J. Humphreys, a Virginia Court of Appeals judge, is leading the review effort to examine cases that date from 1994. This marks the first time Virginia has volunteered to revisit findings in the cases…