Publications & Testimony

Legislation banning capital punishment for crimes committed by those younger than 18 has passed both the South Dakota House and Senate. The bill will now go to Governor Mike Rounds for signature into law. Republican Representative Hal Wick of Sioux Falls supported the bipartisan measure, stating, “I do have concerns about heinous crimes, but I don’t think it’s our place to destroy or forget the sanctity of life. Violent responses by the state beget more violence. The state must lead by example.

The Chair of Connecticut’s Judiciary Committee has called for enactment of death penalty reforms to protect against wrongful convictions. Of the six reforms recommended after a 13-month special commission on Connecticut’s death penalty, only one has been enacted. Members of the commission noted, “Experiences in other states throughout the country suggest that Connecticut cannot be complacent and ‘best practices’ should be the watchword.” Among the recommendations are video taping of…

In a 7 – 2 decision in Banks v. Dretke, the Supreme Court overturned the death sentence of Delma Banks Jr., concluding that he was denied a fair trial because prosecutors in Texas failed to disclose key information. Last year, Banks was just minutes from his scheduled execution in Texas when the Supreme Court intervened. Today’s decision remands the case back to a lower court so that new evidence may be considered. Read DPIC’s Press Release. Also, Read the opinion.

In a report filed by the Kansas Judicial Council Death Penalty Advisory Committee, retired Kansas Supreme Court Justice Fred N. Six noted that capital punishment cases pose immense burdens on judges. He stated: Always in the consciousness of that justice is the question, “do I have it right?” A wrong call is irreversible because “death is different.” The “do I have it right” question travels with you. You carry it with you during the workday, deliberations at case conference, your commute to…

The Appellate Division of New Jersey’s Superior Court ruled today that the state’s Department of Corrections (DOC) must examine its lethal injection execution procedures before it carries out any death sentences, thereby halting executions in the state until such a review takes place. The ruling notes, “[B]ecause of the patent gravity of the life and death issues implicated by the regulations, we have concluded that rather than simply striking down those regulations, DOC should have the…

Lexington Herald Ledger By William S. Sessions, former Director, FBI I urge Kentucky’s legislators to pass and Gov. Ernie Fletcher to sign legislation to raise the age of eligibility for capital punishment to 18. I write as a citizen with many years of law enforcement experience, having served three presidents as the director of the FBI. I also was chief judge of the U.S. District Court for the Western District of Texas and, before that, was a U.S. attorney. I am also privileged to be a…

Two new books on the death penalty offer readers an examination of capital punishment law and America’s use of this punishment. In “Understanding Capital Punishment Law,” a new book published as part of the LexisNexis Understanding series, law professors Linda Carter and Ellen Kreitzberg offer students in capital punishment courses an overview of this complex area of law. The book includes a thorough review of constitutional law and current issues related to capital punishment in the U.S.

Los Angles Daily Journal February 19, 2004 Editorial By Richard C. Dieter, Executive Director, Death Penalty Information Center The U.S. Supreme Court took a step in the right direction when it agreed to review the constitutionality of executing juvenile offenders in Roper v. Simmons. As a society, we value our youth. We put great hope in them for our future, and we do not give up on them. For these reasons and more, juveniles ought not be subject to the death penalty. As this case moves…

Casper (WY) Star Tribune February 19, 2004 Editorial Wyoming’s House of Representative is now considering House Bill 5, which prohibits the execution of juveniles. This measure deserves support, for a number of reasons. The death penalty should be meted out only to the worst of the worst members of society, if it’s meted out at all. And juveniles who are convicted of murders committed prior to their 18^th birthdays rarely could be classified as such. For those rare juveniles who fit into…