Publications & Testimony

As the October 1^st dead­line for Florida inmates to request DNA test­ing of evi­dence that could prove their inno­cence looms, Broward County pros­e­cu­tors have announced that they will allow inmates access to the cru­cial test­ing after the dead­line pass­es. Two of Florida’s high­est-pro­file DNA exon­er­a­tions, Frank Lee Smith, who died of can­cer on death row 11 months before he was exon­er­at­ed by DNA evi­dence, and Jerry Frank Townsend were both Broward County cas­es. Carolyn McCann, head of the Broward…

“The Wrong Men: America’s Epidemic of Wrongful Death Row Convictions” by Stanley Cohen is slat­ed for release in October 2003. This book tells the sto­ry of how more than 100 inno­cent peo­ple found them­selves on death row in the United States. Through an exam­i­na­tion of eye­wit­ness error, jail­house snitch­es, racism, junk sci­ence, pros­e­cu­to­r­i­al mis­con­duct, and incom­pe­tent coun­sel, Cohen pro­vides a behind-the-scenes look at the prob­lems lead­ing to wrong­ful con­vic­tions. He also cap­tures the stories…

The most recent com­pre­hen­sive report sum­ma­riz­ing leg­isla­tive, judi­cial, pub­lic pol­i­cy, and oth­er devel­op­ments that have occurred since the American Bar Association’s adop­tion of its death penal­ty mora­to­ri­um res­o­lu­tion in February 1997 is now avail­able. ​“Building Momentum: The American Bar Association Call for a Moratorium on Executions Takes Hold” cov­ers activ­i­ty from August 2001 to June 2003. It is the fourth edi­tion of the ABA’s mora­to­ri­um activ­i­ty update series. The com­plete report is…

The fol­low­ing are excerpts from Summerlin v. Stewart, No. 98 – 99002 (9^th Cir. Sept. 2, 2003): (page num­bers refer to the on-line ver­sion; sub­heads are not part of the…

A four-month series of ​“Funky Winkerbean,” a com­ic strip syn­di­cat­ed by King Features, will focus on cap­i­tal pun­ish­ment. The sto­ry­line, titled ​“The Danny Madison Casebook,” exam­ines the prob­lems and emo­tions of the death penal­ty as seen through the eyes of a pub­lic defend­er. The com­ic strip is by car­toon­ist Tom Batiuk, and it will appear in 400 news­pa­pers nation­al­ly. It may also be viewed at…

According to a report in the Houston Chronicle, none of the ana­lysts who worked in the Houston Police Department’s dis­cred­it­ed DNA lab (which pre­sent­ed evi­dence in death penal­ty cas­es) were qual­i­fied by edu­ca­tion and train­ing to do their jobs. The Chronicle’s exam­i­na­tion of per­son­nel records found that not one of the lab’s employ­ees met nation­al stan­dards and only one of the employ­ees had com­plet­ed all required col­lege cours­es man­dat­ed by the DNA Advisory Board Quality Assurance Standards.

“Purposeful Discrimination in Capital Sentencing” by David V. Baker exam­ines the issue of race and cap­i­tal sen­tenc­ing in the con­text of three U.S. Supreme Court death penal­ty deci­sions — Furman v. Georgia, Gregg v. Georgia, and McCleskey v. Kemp. After his review of prac­ti­cal strate­gies to improve the fair­ness of the death penal­ty process, Baker con­cludes that court efforts have failed to elim­i­nate race as a strong pre­dic­tor in death sen­tenc­ing. (5 Journal of Law & Social Challenges 189…

Nearly 20 years after the mur­der of 9‑year-old Dawn Hamilton, Maryland pros­e­cu­tors have charged the man they believe is respon­si­ble for the crime by using the same DNA evi­dence used to exon­er­ate Kirk Bloodsworth (pic­tured right), who spent nine years in prison — includ­ing time on Maryland’s death row — for the crime. Bloodsworth was freed in 1993 after DNA tests con­clu­sive­ly deter­mined he was not the source of phys­i­cal evi­dence found at the scene of the crime. Prosecutors now believe the…

Law firms not nor­mal­ly asso­ci­at­ed with death penal­ty cas­es have pro­vid­ed cru­cial assis­tance to a hand­ful of Texas death row inmates whose cas­es involved issues such as inad­e­quate rep­re­sen­ta­tion at tri­al, men­tal retar­da­tion, and inno­cence. While the firms do not spe­cial­ize in crim­i­nal law, they do have what many feel is lack­ing for most cap­i­tal defen­dants — high­ly edu­cat­ed and high­ly moti­vat­ed attor­neys who have the finan­cial resources to ful­ly inves­ti­gate cas­es. For…

“Lethal Elections: Gubernatorial Politics and the Timing of Executions,” a study by researchers Jeffrey Kubik and John Moran of Syracuse University, reveals that elec­tion-year polit­i­cal con­sid­er­a­tions may play a role in deter­min­ing the tim­ing of exe­cu­tions. Their research showed that states are approx­i­mate­ly 25% more like­ly to con­duct exe­cu­tions in guber­na­to­r­i­al elec­tion years than in oth­er years. The researchers also found that elec­tions have a larg­er effect on the prob­a­bil­i­ty that an…