Publications & Testimony

On December 13, 2004, the U. S. Supreme Court ruled that the effectiveness of defense counsel’s performance must be judged by standards previously set out by the Court in Strickland v. Washington. In Florida v. Nixon, Joe Nixon’s attorney told the jury his client was guilty without his client’s express consent. After the jury sentenced Nixon to death, the Florida Supreme Court overturned Nixon’s conviction, holding that counsel’s concession of guilt automatically fell below an objective…

FOR IMMEDIATE RELEASE CONTACT: Brenda Bowser Tuesday, December 14, 2004 (202) 293‑6970, cell (301) 906‑4460 bbowser@deathpenaltyinfo.org DEATH PENALTY NUMBERS IN 2004 CONTINUE DRAMATIC FIVE-YEAR DECLINE DPIC’s Year End Report Highlights Drops in Death Sentences, Executions, Death Row Population, and Public Support for Capital Punishment WASHINGTON, DC – A five-year decline in death sentences, a 40% drop in executions, a shrinking death row population, and waning public support for capital…

On December 10, 2004 (Human Rights Day), the United States Supreme Court agreed to hear the case of Jose Medellin to determine what effect the United States should give to a recent ruling by the International Court of Justice at the Hague, the United Nations’ highest court. In the case of Medellin and 50 other Mexican nationals on death row, the World Court ruled that the U.S. failed to inform Mexico of their arrests, in violation of the 1963 Vienna Convention on Consular Relations. This…

FOR IMMEDIATE RELEASE CONTACT: Brenda Bowser Tuesday, December 14, 2004 DEATH PENALTY NUMBERS IN 2004 CONTINUE DRAMATIC FIVE-YEAR DECLINE DPIC’s Year End Report Highlights Drops in Death Sentences, Executions, Death Row Population, and Public Support for Capital Punishment WASHINGTON, DC – A five-year decline in death sentences, a 40% drop in executions, a shrinking death row population, and waning public support for capital punishment have marked a significant turn around in the use of the…

The Center on Wrongful Convictions at Northwestern University School of Law has released a new report entitled, The Snitch System: How Snitch Testimony Sent Randy Steidl and Other Innocent Americans to Death Row. The report highlights 51 cases of Americans who were wrongfully convicted and given death sentences based on the testimony of witnesses with incentives to lie. According to the Center, snitch testimony is the primary cause for approximately 45% of all wrongful capital convictions…

After examining evidence from the capital prosecution of Cameron Willingham (pictured), four national arson experts have concluded that the original investigation of Willingham’s case was flawed and it is possible the fire was accidental. The independent investigation, reported by the Chicago Tribune, found that prosecutors and arson investigators used arson theories that have since been repudiated by scientific advances. Willingham was executed earlier this year in Texas despite his consistent…

Three Texas death row appeals considered during the past year by the U.S. Supreme Court have resulted in sharp reversals, perhaps indicating an increasing impatience with two of the courts that handle death penalty cases from Texas: the Court of Criminal Appeals, and the United States Court of Appeals for the Fifth Circuit. In one of the Supreme Court opinions, the Court concluded that the Fifth Circuit was only “paying lip service to principles” of appellate law in issuing rulings with “no…

New Jersey Governor Richard Codey (pictured) proposed a moratorium on executions until a study commission could determine whether the state’s death penalty system is fair and cost effective. The governor announced his moratorium proposal as the legislature began considering a bill to initiate the study. “The governor does not think it makes sense to do a study without a moratorium. So he does support a moratorium right now, and he supports it for 18 months to two years,” Codey’s spokeswoman…

The last six executions scheduled for 2004 have all been granted stays by various courts and governors. Executions slated in Pennsylvania, Kentucky, Texas, Maryland and North Carolina were halted for review of claims regarding possible innocence, mental disabilities, execution procedures, and other issues. The last execution occurred on November 17 in Texas. No other state has an execution scheduled for 2004. See Executions.

DPIC has prepared a summary of the Innocence Protection Act of 2004, which became law on October 30, 2004 as part of the Justice for All Act. The law provides rules and procedures for federal inmates applying for DNA testing, creates the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program for state inmates applying for testing, and authorizes $25 million over five years to help states pay the cost of post-conviction DNA testing. Read DPIC’s Summary of the Innoecnce Protection Act of…