Publications & Testimony

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division _____________________________ UNITED STATES OF AMERICA v ZACARIAS MOUSSAOUI, Defendant _____________________________ ) ) ) ) ) ) ) ) Criminal No. 01 – 455‑A NOTICE OF INTENT TO SEEK A SENTENCE OF DEATH The United States of America hereby notifies the Court and the defendant, ZACARIAS MOUSSAOUI, and his counsel, that in the event of the defendant’s conviction on any of Counts One, Two, Three, or…

“Capital Punishment 2001” — The Bureau of Justice Statistics released its annual report on the death penalty with statistics from the previous year. The report contained a number of interesting findings: The number of people sentenced to death in 2001 was 155, the smallest number since 1979, and an almost 50% drop from the average number of death sentences in 1994 – 99. Between 1973 and 2001, Texas sentenced the most people to death (889), followed by Florida (863) and California (779). The…

Clemency Often Used in the Past to Remedy Injustice In a recent article in the Chicago Tribune, law Professor Daniel Kobil examined historical uses of the power of clemency: Comprehensive remissions of punishment to remedy systemic flaws are… sometimes required. It is not unusual for courts to make constitutional rulings that have the effect of invalidating convictions across the board. The U.S. Supreme Court’s 1972 decision in Furman vs. Georgia, effectively invalidated every death sentence…

High Cost of the Death Penalty in Kansas With seven months remaining in the fiscal year, the Kansas fund to help pay the cost of defending suspects in capital murder cases is nearly out of money. The state has spent nearly $2 million dollars on three capital cases, including $771,240 defending John E. Robinson, Sr., and $1,135,973 defending brothers Reginald and Jonathan Carr. The Kansas Board of Indigents Defense Services has noted that the fund will be out of money in December and has…

NOTE: The statutes listed in this chart were all passed prior to the United States Supreme Court Ruling in Atkins v. Virginia. During this time period, intellectual disability was referred to as “mental retardation”. State Statute Citation Definition of Mental Retardation Qualified Examiners Arizona Ariz. Rev. Stat. Sect. 13 – 3982 A condition based on a mental deficit that has resulted in significantly subaverage general intellectual functioning existing concurrently with significant…

International Community Praises Governor Ryan’s Actions Legal scholars and lawmakers from around the world have voiced their support for Illinois Governor George Ryan’s recent decision to clear the state’s death row. Walter Schwimmer, secretary general of the Council of Europe, said, “On making this decision, he proves a shared commitment and belief with the Council of Europe, that the death penalty has no place in a civilized society. I sincerely hope that this is a step forward in the…

In 2002, the U.S. Supreme Court ruled in Atkins v. Virginia that executing inmates with “mental retardation” was unconstitutional. Some inmates with claims of intellectual disability have been executed since then, but they are not included in this list. Name State Race I.Q. Execution Date 1. Arthur F. Goode, III FL W 60 – 63 04/05/84 2. Ivon Ray Stanley GA B 62 07/12/84 3. James Dupree Henry FL B low 70s 09/20/84 4. Morris Odell Mason VA B 62 – 66 06/25/85 5. James Terry Roach…

Tennessee Supreme Court Finds Execution of Mentally Retarded Unconstitutional The Tennessee Supreme Court ruled that executing individuals with mental retardation is cruel and unusual punishment prohibited by both the Tennessee and U.S. Constitutions. ”We conclude that there is compelling evidence that the execution of mentally retarded individuals violates the evolving standards of decency that mark the progress of a maturing society both nationally and in the state,” wrote Justice Riley…

Illinois Governor Pardons Four Death Row Inmates Illinois Governor George Ryan today granted four pardons to death row inmates whose convictions he said are part of the state’s failed justice system and “shameful scorecard” of wrongful convictions. Pardoned today were Aaron Patterson, Madison Hobley, Leroy Orange, and Stanley Howard. Action on these four cases affects the underlying convictions and should be distinguished from commutations of death sentences, which may still occur for a larger…