Studies

Raoul Cantera (pic­tured), a for­mer Justice of the Florida Supreme Court, said the state should fol­low the prac­tice of almost every oth­er death penal­ty state and require juries to be unan­i­mous when rec­om­mend­ing a death sen­tence. Cantera also said that a a com­pre­hen­sive review of the state’s death penal­ty is ​“long over­due” and should begin by con­sid­er­ing the rec­om­men­da­tions of a 2006 American Bar Association report on the state’s death penal­ty. Mark Schlakman, who was a mem­ber of the team that pre­pared the ABA report, joined Justice Cantera in calling…

A num­ber of promi­nent groups have filed sup­port­ive briefs with the North Carolina Supreme Court ask­ing that the prac­tice of racial bias in select­ing jurors for death penal­ty cas­es be end­ed. Former senior mil­i­tary offi­cials, fam­i­lies of mur­der vic­tims, and poten­tial jurors denied the oppor­tu­ni­ty to serve because of their race were among those argu­ing that a rul­ing under the state’s Racial Justice Act be upheld. In 2012, Judge Gregory Weeks held that Marcus Robinson’s (pic­tured) tri­al was taint­ed with racial dis­crim­i­na­tion and that there was evi­dence of sim­i­lar bias…

The Federal Bureau of Investigation recent­ly released the pre­lim­i­nary find­ings of its annu­al Uniform Crime Report for 2012. The final report will like­ly be pub­lished in October, but the ini­tial sta­tis­tics indi­cate the num­ber of mur­ders in the U.S. increased slight­ly by 1.5% from 2011. Three regions of the coun­try showed an increase in mur­ders, while one region declined. Murders in the Northeast decreased by 4.4%. The num­ber of mur­ders increased by 3.3% in the Midwest, 2.5% in the South, and 2.5% in the West. The entire Northeast has not…

The Texas Forensic Science Commission announced it will study pri­or crim­i­nal con­vic­tions to deter­mine whether mis­takes were made using dis­cred­it­ed foren­sic tes­ti­mo­ny. The Commission will employ DNA test­ing to review cas­es in which micro­scop­ic hair fibers were used to con­vict peo­ple of rape, mur­der, rob­bery, and oth­er crimes. It has recent­ly been estab­lished that it is impos­si­ble to match a hair under a micro­scope to a spe­cif­ic per­son. Forensic experts can make an ​“asso­ci­a­tion” between a sam­ple of hair evi­dence and a hair from a sus­pect. The state’s review is…

A new report by the London-based Death Penalty Project explores the use of manda­to­ry death sen­tenc­ing in Malaysia. In the U.S., the Supreme Court barred the use of manda­to­ry death sen­tences in 1976, hold­ing that judges and juries need­ed to con­sid­er the indi­vid­ual dif­fer­ences among defen­dants, out of respect for human dig­in­i­ty. (Woodson v. North Carolina, and oth­er opin­ions). DPP’s report found that the num­ber of exe­cu­tions car­ried out in Malaysia has declined in the last decade even though there have been no major changes in law or reforms in…

A new report from the American Civil Liberties Union, ​“A Death Before Dying: Solitary Confinement on Death Row,” con­tains a sur­vey of the con­di­tions on death rows across the coun­try and offers a com­pre­hen­sive review of the seri­ous impli­ca­tions of sub­ject­ing inmates to soli­tary con­fine­ment. The report reveals that most death row pris­on­ers are housed in tiny cells, rang­ing from 36 – 100 square feet, rough­ly the size of an aver­age bath­room; 93% of states lock up their death row pris­on­ers for 22 or more hours a day. The report is accompanied…

The Bureau of Justice Statistics recent­ly released its annu­al review of the death penal­ty in the U.S., focus­ing on 2011. The report not­ed the con­tin­ued decline in the use of the death penal­ty in recent years. In 2011, 80 new inmates were received under sen­tence of death, the low­est num­ber since 1973, and a 27% decrease from the year before. Executions also declined to 43, com­pared with 46 in 2010. The aver­age time between sen­tenc­ing and exe­cu­tion in 2011 was 16.5 years, 20 months longer than for those exe­cut­ed in…

A com­mit­tee empan­eled by the Chief Justice of the Ohio Supreme Court made three pre­lim­i­nary rec­om­men­da­tions at its June meet­ing for reform­ing the state’s death penal­ty. The pan­el, which con­sists of pros­e­cu­tors, defense attor­neys, judges, and aca­d­e­m­ic experts, vot­ed to rec­om­mend a reduc­tion in the scope of crimes eli­gi­ble for the death penal­ty, the cre­ation of a statewide pan­el to decide on seek­ing a death sen­tence, and the enact­ment of a Racial Justice Act. The restric­tion of cap­i­tal crimes would lim­it the death penal­ty to only those cas­es that involved…

In the first half of 2013, six states car­ried out 18 exe­cu­tions. In the same peri­od last year, there were 23 exe­cu­tions in 8 states. The annu­al num­ber of exe­cu­tions has declined sig­nif­i­cant­ly from its peak in 1999, when 98 peo­ple were put to death. There were 43 exe­cu­tions in 2011 and 2012. Sixteen of this year’s exe­cu­tions (89%) have been in the South, with near­ly half in Texas (8). Eight of the defen­dants exe­cut­ed so far this year were black, and ten were white. Seventy-three per­cent (73%) of the…

The American Bar Association recent­ly released its annu­al report, The State of Criminal Justice-2013, includ­ing a chap­ter on devel­op­ments in cap­i­tal pun­ish­ment in the United States. In that chap­ter, author Ronald Tabak focus­es on the con­tin­u­ing decline in death sen­tences and exe­cu­tions, recent inno­cence cas­es, and new voic­es who have spo­ken out about the death penal­ty. The chap­ter high­lights recent research on cap­i­tal pun­ish­ment, includ­ing stud­ies that found racial dis­par­i­ties in death sen­tences in the fed­er­al and mil­i­tary death penal­ty sys­tems. The report also dis­cuss­es rel­e­vant cas­es from the U.S.…