Entries tagged with “Future dangerousness”

Executions

Time on Death Row

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Apr 22, 2022

One Execution, One Reprieve: Scheduled Executions of Oldest Death-Row Prisoners in Texas and Tennessee Illustrate Aging of Death Row

In a coincidence that brought attention to the aging of death row across the United States, the oldest death-row prisoners in Tennessee and Texas faced execution in their respective states on April 21, 2022. After the U.S. Supreme Court denied stays of execution for both prisoners, their cases took different paths. Oscar Franklin Smith, a 71-year-old who spent 22 years on death row in Tennessee, was notified while receiving communion that he had received a reprieve. Carl Wayne Buntion…

Issues

Apr 15, 2022

Advocacy Group Tells Supreme Court that Negative Stereotypes Distort Perception that Latinos in Death-Penalty Cases Pose Future Danger to Society

An amicus brief filed in the U.S. Supreme Court in support of Arizona death-row prisoner John Montenegro Cruz presents evidence that Latinx defendants are particularly vulnerable to juror bias regarding determinations of future dangerousness. LatinoJustice PRLDEF, a civil rights organization that ​“advocates for and defends the constitutional rights of Latinos under the law,” filed an amicus brief in the case of Cruz v. Arizona supporting Cruz’s argument that Arizona violated his right to due…

Research

Religion

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Apr 05, 2022

Oldest Texas Death-Row Prisoner Files Petition for Clemency Citing Time on Death Row, False Prediction that He Would be Dangerous in Prison

Texas’ oldest death-row prisoner, Carl Wayne Buntion (pictured), has filed a petition with the state Board of Pardons and Parole seeking commutation of his death sentence to life without parole. Buntion is currently scheduled to be executed on April 21, 2022. In a petition filed March 30, 2022, the 78-year-old Buntion’s lawyers asked the Board to recommend that Gov. Greg Abbott grant him clemency, arguing that his death sentence was imposed by a jury that falsely predicted he would pose a…

Issues

Jun 07, 2021

Capital Case Roundup — Death Penalty Court Decisions the Week of May 31, 2021

NEWS (6/​4/​21) — Arizona: The Arizona Supreme Court has ruled that the U.S. Supreme Court’s 2016 decision in Lynch v. Arizona, which struck down the state’s unconstitutional refusal to instruct capital-sentencing juries that defendants who are sentenced to life are not eligible for parole, does not provide grounds for a death-row prisoner to seek new state-court review of that issue. The court dismissed an attempt by John Cruz to raise the issue, saying that his prior lawyers had failed to…

Issues

Native Americans

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May 03, 2021

Capital Case Roundup — Death Penalty Court Decisions the Week of April 26, 2021

NEWS (4/​29/​21) — Oklahoma: The Oklahoma Court of Criminal Appeals has vacated the convictions and death sentences of two more death-row prisoners who, the court found, had committed their offenses against Native Americans on tribal lands. Applying the U.S. Supreme Court’s landmark tribal sovereignty ruling in McGirt v. Oklahoma, the court found that the murders for which Benjamin Robert Cole Sr. and James Chandler Ryder had been convicted occurred in ​“Indian country” within the historical…

Issues

Apr 28, 2021

Supreme Court Declines to Review Death Penalty Case in Which Georgia Defendant was Forced to Reenact the Murder While in Shackles

The U.S. Supreme Court has declined to review a Georgia death-penalty case in which the prosecution was permitted to make a visibly shackled defendant reenact the murder in front of the jury, while his defense counsel raised no objection. In a decision issued on April 19, 2021, the Court denied the petition for writ of certiorari filed by lawyers for Georgia death-row prisoner Frederick Whatley (pictured). Justice Sonia Sotomayor dissented, writing that ​“counsel’s unreasonable failure to…

Issues

Upcoming Executions

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Federal Death Penalty

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Dec 08, 2020

Jurors and Appellate Prosecutor Say Teen Offender Brandon Bernard Should Not be Executed

As the December 10, 2020 execution date of federal death-row prisoner Brandon Bernard (pictured with his family) approached, jurors and a former prosecutor in his case came forward saying that the teen offender’s life should be spared. Bernard, who was 18 years old at the time of the offense, became the youngest offender executed by the federal government in at least 68 years. Five of the nine surviving trial jurors in Bernard’s case provided his defense team with videotaped statements or…

Issues

Upcoming Executions

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Women

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Federal Death Penalty

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Oct 19, 2020

U.S. Government Sets Two More Execution Dates, Seeking to Put to Death the First Woman and the Youngest Offender in More Than Six Decades

The federal government intends to continue its unprecedented execution spree into December, scheduling the executions of the first woman and the youngest offender put to death by federal authorities in nearly seven decades. In a Friday evening announcement, the U.S. Department of Justice announced on October 16, 2020 that it had set the execution of Lisa Montgomery (pictured) for December 8 and Brandon Bernard for December 10. Montgomery, a victim of sex trafficking who suffers from psychosis…

Issues

Jun 23, 2020

Neuroscience Experts: Brain Science Shows Texas’ Use of Future Dangerousness to Sentence Those Under 21 to Death is Unreliable, Unconstitutional

Three professional organizations and eight practitioners in the fields of neuroscience and neuropsychology have joined a Texas death-row prisoner in challenging the constitutionality of the state’s use of ​“future dangerousness” findings to impose the death penalty on defendants who were younger than age 21 at the time of their offense. Their brief, filed in the U.S. Supreme Court on June 19, 2020, argues based on “[t]he great weight of scientific evidence” that predictions of whether an…

Issues

Apr 02, 2020

STUDIES — Junk Psychological Science Continues to Infect Death-Penalty Determinations

Courts are failing badly in keeping junk psychological science out of the courtroom in criminal cases, permitting the admission of psychological tests that have never been reviewed for reliability and others that have been found unreliable, a recent study reports. Among the problematic tests, another group of psychologists write, is a ​“psychopathy checklist” commonly used by prosecutors to argue that a defendant poses a future danger to society and should be sentenced to death. The article…

Issues

Dec 26, 2019

Billy Joe Wardlow Faces Execution in Texas Based on False Evidence of Future Dangerousness

Billy Joe Wardlow (pictured) was 18 years old, when he killed 82-year-old Carl Cole during a botched attempt to steal Cole’s car so that Wardlow and his girlfriend could pursue their fantasy of running away from their abusive homes in Carson, Texas to start a new life in Montana. Wardlow, who had no prior history of violence, has regretted his action ever since. In the cover story for the Winter 2020 issue of the magazine The American Scholar, Wardlow told veteran journalist and legal…

Issues

Upcoming Executions

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Dec 10, 2019

Texas Set to Execute Travis Runnels Based on ​“Expert” Testimony of Prosecution Investigator Whose False Testimony Has Put 15 on Death Row

Texas is preparing to execute Travis Runnels (pictured) on December 11, 2019 based on the ​“expert” testimony of a prosecution investigator whose false depiction of prison conditions has helped to put fifteen defendants on the state’s death row. If Runnels is executed, he will be the third person put to death in Texas this year after former Texas Special Prosecution Unit criminal investigator, A.P. Merillat provided false testimony at their trials. Runnels was convicted and sentenced to death…

Issues

Sep 25, 2019

Execution Looms for One Texas Prisoner as Another Receives Stay from Texas Appeals Court

Texas is preparing to execute Robert Sparks (pictured, left), on September 25, 2019, as a second death-row prisoner, Stephen Barbee (pictured, below), received a stay from the Texas Court of Criminal Appeals. Sparks’ case is the latest in which Texas prosecutors sought and obtained an execution warrant while appeals in the case were pending before state or federal courts. On May 6, 2019, Sparks court-appointed federal habeas counsel filed a petition for writ of certiorari asking the U.S.

Research

May 28, 2019

Amended Bill to Limit Oregon’s Death Penalty Easily Passes State Senate

An amended bill to narrow the circumstances in which the death penalty may be imposed in Oregon has easily passed the state senate. On May 21, 2019, by a vote of 18 – 9, the Oregon Senate passed SB 1013, which would limit the state’s use of capital punishment to three aggravating circumstances and eliminate speculation about a defendant’s future dangerousness from a jury’s capital sentencing deliberations. The bill would allow prosecutors to pursue the death penalty for only three crimes: acts of…

Issues

Mar 19, 2019

Supreme Court Refuses to Hear Georgia Death-Penalty Case Involving Racist Juror

For the second time in just over one month, the United States Supreme Court has cleared the way for the execution of an African-American prisoner in the face of strong evidence of racial or religious bias. On March 18, 2019, the Court unanimously declined to hear an appeal from Georgia death-row prisoner Keith Tharpe (pictured), who argued his death sentence was unconstitutionally tainted by the participation of racist white juror who called him a ​“ni***er” and questioned ​“if black people even…

Issues

Feb 28, 2019

Texas Plans to Execute Prisoner Whose Death Sentence Was Influenced by False and Unreliable Testimony

Texas is scheduled to execute Billie Wayne Coble (pictured) on February 28, 2019, despite court findings that two expert witnesses who testified for the prosecution gave ​“problematic” and ​“fabricated” testimony at his trial. Coble was sentenced to death in 1990 and resentenced in 2008 after his original sentence was overturned as a result of constitutionally deficient jury instructions. At his resentencing, the issue of future dangerousness presented a serious problem for prosecutors. Under…

Issues

Feb 11, 2019

Death-Row Prisoners Ask Supreme Court to Review Georgia, Oklahoma Verdicts Involving Racist Jurors

Georgia death-row prisoner Keith Tharpe (pictured, left) and Oklahoma death-row prisoner Julius Jones (pictured, right) are asking the U.S. Supreme Court to grant them new trials after evidence showed that white jurors who described the defendants with racist slurs participated in deciding their cases. The involvement of the racist jurors, the prisoners say, violated their Sixth Amendment rights to impartial juries. A juror in Tharpe’s trial gave a sworn affidavit years after voting to convict…

Issues

Nov 27, 2018

Texas Court of Criminal Appeals Upholds Death Sentence Based on False Psychiatric Testimony

For the second time in less than six months, the Texas Court of Criminal Appeals (TCCA) has upheld a death sentence that the trial court, lawyers for the prosecution and defense, and mental health experts all agree should not be carried out. On November 21, 2018, in an unpublished and unsigned opinion that misspelled death-row prisoner Jeffery Wood’s name, the court rejected a recommendation by the Kerr County District Court to overturn Wood’s death sentence and grant him a new sentencing…

Issues

Executions Overview

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Oct 08, 2018

Law Review: Junk Mental Health Science and the Texas Death Penalty

Junk science is ​“enabling and perpetuating grave miscarriages of justice” in Texas death-penalty cases. So concludes Professor James Acker in his article, Snake Oil With A Bite: The Lethal Veneer of Science and Texas’s Death Penalty, published in the latest issue of the Albany Law Review. Acker’s article highlights the heightened risks of injustice from pseudo-science and junk science in capital cases in Texas, one of the few states that conditions death eligibility upon a finding of the…

Issues

Dec 08, 2017

Texas District Attorney Asks State to Spare Life of Man She Prosecuted Under Controversial ​“Law of Parties”

The Texas prosecutor who sought and obtained the death penalty almost 20 years ago against Jeffery Wood (pictured), a man who never killed anyone, has now asked that his sentence be reduced to life in prison. In a letter to the Texas Board of Pardons and Parole, sent in August and obtained December 7 by the Texas Tribune, Kerr County District Attorney Lucy Wilke asked the board to recommend that Governor Greg Abbott grant Wood clemency and commute his sentence to life in prison. In 1998…

Issues

Jun 28, 2017

New Podcast: Duane Buck’s Appeal Lawyer Tells Story of His Case, Discusses Future Dangerousness and Racial Bias

In DPIC’s latest podcast, NAACP Legal Defense and Educational Fund Litigation Director Christina Swarns (pictured, center, outside the U.S. Supreme Court following the argument in Buck v. Davis) discusses the issues of race, future dangerousness, and ineffective representation presented in the landmark case. She calls the case — in which a Texas trial lawyer who represented 21 clients sent to death row presented an expert witness who testified that his own client was more likely to commit future…

Issues

Jun 28, 2017

The Duane Buck Case

Christina Swarns, litigation director of the NAACP Legal Defense and Education Fund, speaks with DPIC Executive Director Robert Dunham about the case of Texas death-row prisoner Duane Buck and the impact of racial bias on determinations of future dangerousness in death penalty cases. Ms. Swarns represented Mr. Buck in the U.S. Supreme Court in overturning his death sentence after his own lawyer presented an expert witness who gave racially biased testimony that Mr. Buck posed an increased risk…

Issues

Jun 09, 2017

Duane Buck’s Lawyer Discusses How Future Dangerousness Taints Texas Death Penalty System

Thirty years ago, filmmaker Errol Morris, who directed the documentary ​“The Thin Blue Line,” helped to exonerate Texas death-row prisoner Dale Adams, falsely accused of murdering a police officer. During the course of making the film, Morris met the notorious Texas prosecution psychiatrist, Dr. James Grigson, who routinely testified that capital defendants — including the innocent Mr. Adams — posed a risk of future dangerousness. Morris recently interviewed Christina Swarns (pictured, center)…

Issues

Mar 09, 2017

LAW REVIEWS: Predictions of Future Dangerousness Contribute to Arbitrary Sentencing Decisions

In a new article for the Lewis & Clark Law Review, author Carla Edmondson argues that the future dangerousness inquiry that is implicit in capital setencing determinations ​“is a fundamentally flawed question that leads to arbitrary and capricious death sentences” and because of the ​“persistent influence of future dangerousness … renders the death penalty incompatible with the prohibitions of the Eighth and Fourteenth Amendments on cruel and unusual punishment.” Edmonson’s article, Nothing is…

Issues

Feb 22, 2017

Supreme Court Grants Relief to Duane Buck in Texas Racial Bias Death Penalty Case

Saying that the ​“law punishes people for what they do, not who they are,” the Supreme Court on February 22, 2017, granted relief to Duane Buck (pictured, right), a Texas death-row prisoner who was sentenced to death after his own lawyer presented testimony from a psychologist who told the jury Buck was more likely to commit future acts of violence because he is black. Writing for the six-Justice majority, Chief Justice Roberts (pictured, left) said that “[d]ispensing punishment on the basis of…

Issues

Dec 08, 2016

Experts Say Texas’ Future Dangerousness Concept Is Based on Junk Science

Since 1973, juries in Texas have had to determine whether a defendant presents a future danger to society before imposing a death sentence. But while they have found that each of the 244 men and women currently on the state’s death row poses ​“a continuing threat to society,” experts argue that juries cannot accurately predict a defendant’s future. According to Dr. Mark Cunningham, a psychologist and leading researcher on the issue of future dangerousness, “[j]uries show absolutely no…

Issues

Sep 14, 2016

New Podcast: Jeffery Wood and the Texas Law of Parties, With Expert Guest Kate Black

Today, DPIC launches a new podcast series, ​“Discussions With DPIC,” which will feature monthly, unscripted conversations with death penalty experts on a wide variety of topics. The inaugural episode features a conversation between Texas Defender Services staff attorney Kate Black (pictured) and DPIC host Anne Holsinger, who discuss the case of Jeffery Wood and Texas’ unusual legal doctrine known as the ​“law of parties.” Wood’s case garnered national media attention because he was sentenced to…

Research

Sep 14, 2016

Jeffrey Wood and the Texas Law of Parties

Today, DPIC launches a new podcast series, ​“Discussions With DPIC,” which will feature monthly, unscripted conversations with death penalty experts on a wide variety of topics. The inaugural episode features a conversation between Texas Defender Services staff attorney Kate Black and DPIC host Anne Holsinger, who discuss the case of Jeffrey Wood and Texas’ unusual legal doctrine known as the ​“law of parties.” Wood’s case garnered national media attention because he was sentenced to death…

Issues

New Voices

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Aug 19, 2016

Diverse Range of Voices Call for Sparing Jeff Wood, Who Never Killed Anyone, from Execution in Texas

As his August 24 execution date approaches, Jeffrey Wood’s case has garnered mounting attention from groups and individuals calling on the Texas Board of Pardons and Paroles and Gov. Greg Abbott to commute Wood’s sentence. These diverse voices include a conservative Texas state representative, a group of evangelical leaders, and the editorial boards of the New York Times, the Washington Post, and several Texas newspapers, among others. Wood (pictured) was convicted under Texas’ ​“law of…

Issues

Aug 04, 2016

Texas Prisoner Who Did Not Kill Anyone Challenges Execution, Use of False Psychiatrist Testimony to Condemn Him to Die

Lawyers for Jeffery Wood (pictured), a Texas death row prisoner who is scheduled to be executed August 24 despite undisputed evidence that he has never killed anyone, have filed a new petition in state court challenging his death sentence on multiple grounds. They argue that Wood cannot be subject to the death penalty because he neither killed nor intended for anyone to be killed and was not even aware the robbery in which a codefendant killed a store clerk was going to occur. They also…

Issues

Jun 06, 2016

Supreme Court To Hear Texas Death Penalty Cases Dealing with Racial Bias, Intellectual Disability

On June 6, the U.S. Supreme Court granted writs of certiorari in two Texas death penalty cases, and will review the constitutionality of those death sentences during its next term. The two cases are Buck v. Stephens, in which Duane Buck was sentenced to death after a psychologist testified at his penalty trial that the fact that Buck is African-American increases the likelihood that he presents a future danger to society; and Moore v. Texas, a challenge to Texas’ unscientific test for…

Issues

Jun 02, 2016

U.S. Supreme Court Reverses Arizona Death Sentence After Jury Not Told of Defendant’s Ineligibility for Parole

The U.S. Supreme Court has overturned a death sentence imposed on Shawn Patrick Lynch by an Arizona jury that had not been told he would have been ineligible for parole if jurors sentenced to him to life imprisonment. In a 6 – 2 decision on May 31, the Court agreed to review Lynch’s case, vacated the judgment of the Arizona Supreme Court, and summarily reversed Lynch’s death sentence. Under Arizona law, the only sentences the jury could impose in Lynch’s case were life without possibility of…

Issues

Apr 15, 2016

Supreme Court to Consider Hearing Texas Capital Case Where Expert Said Defendant Posed Greater Danger Because He Was Black

UPDATE: The Supreme Court docket indicates that its conferencing of Mr. Buck’s case, originally set for April 22, has been rescheduled. The Court is now scheduled to considering the case on April 29. PREVIOUSLY: On April 22, the U.S. Supreme Court is scheduled to confer on whether to review the case of Duane Buck (pictured), who was sentenced to death in Harris County, Texas after a psychologist testified that he posed an increased risk of future dangerousness because he is black. In the case…

Issues

Feb 11, 2016

Texas Prisoner Seeks Supreme Court Review of Death Sentence Tainted By Racial Bias

Duane Buck, who was sentenced to death after a defense expert witness testified that Buck could pose a future danger to society because he is black, has asked the U.S. Supreme Court to grant him a new sentencing hearing because of his lawyer’s ineffectiveness. Buck is one of six defendants whose Texas capital trials were identified by a Texas Attorney General’s report as having been tainted by race-based testimony by psychologist, Dr. Walter Quijano. The other five were granted new sentencing…

Issues

Aug 27, 2015

Federal Court Rejects Duane Buck Racial Bias Appeal

The U.S. Court of Appeals for the Fifth Circuit rejected an appeal in the case of Texas death row inmate Duane Buck, who argued that his trial was tainted by ineffective representation and racial bias when Buck’s own mental health expert testified that he could be a future danger to society because he is black. Dr. Walter Quijano, a clinical psychologist, testified in the sentencing phase of Buck’s case on the issue of future dangerousness. The prosecutor asked Quijano, ​“You have determined…

Issues

Nov 20, 2013

Texas Court of Criminal Appeals Denies New Hearing for Duane Buck

In a 6 – 3 decision on November 20, the Texas Court of Criminal Appeals denied a request from death row inmate Duane Buck for a new sentencing hearing, despite the fact that racially prejudicial statements had been made during his trial. While the jury was being asked to consider if Buck would be a future danger to society, a psychologist testified that African Americans commit a disproportionate number of criminal offenses. Buck’s case was one of seven identified in 2000 by then-Texas Attorney…

Issues

Sep 18, 2013

STUDIES: ABA Criticizes Texas Death Penalty in Latest Report

On September 18, the American Bar Association’s Death Penalty Due Process Review Project released its latest report, focusing on the fairness and accuracy of Texas’s death penalty system. The report found: ​“In many areas, Texas appears out of step with better practices implemented in other capital jurisdictions, fails to rely upon scientifically reliable methods and processes in the administration of the death penalty, and provides the public with inadequate information to understand and…

Issues

Mar 14, 2013

RACE: New Study Shows Racial Bias in Seeking the Death Penalty in Harris County

A new study regarding the use of the death penalty in Harris County, Texas, was released in conjunction with the filing of an appeal by Harris County death row inmate, Duane Buck. The research was conducted by Professor Raymond Paternoster of the University of Maryland, who examined over 500 murder cases in the county. The study found that, in cases with circumstances similar to Buck’s and during the time in which he was tried, the Harris County District Attorney’s Office sought the death…

Issues

New Voices

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Dec 28, 2011

NEW VOICES: Texas Judge Rules State Death Penalty Unconstitutional

On December 19, Dallas District Court Judge Teresa Hawthorne held that Texas’s death penalty was unconstitutional because it could lead to death sentences that were arbitrarily sought and obtained. In ruling in favor of a defense motion, Judge Hawthorne acknowledged that the Texas Court of Criminal Appeals and other courts have upheld the statute, but judges still have the obligation to review the law based on its current practice. The judge found parts of Texas’s statute regarding findings of…

Issues

Nov 08, 2011

U.S. Supreme Court Allows Racially Biased Testimony to Stand in Texas Case; Restores Capital Conviction in Ohio

On November 7, the U.S. Supreme Court declined to grant review to Texas inmate Duane Buck. Buck sought a new sentencing trial because of testimony suggesting he posed a greater danger to society because he is black. During his trial, psychologist Dr. Walter Quijano told the court that Buck’s race increased the likelihood of his future dangerousness. Three of the Justices on the Court (Alito, Scalia and Breyer), which had granted Buck a stay just before his scheduled execution on September 15…

Issues

Sep 02, 2011

Only Texas Inmate Not Resentenced After Admittedly Racially Biased Testimony Faces Execution

Texas inmate Duane Buck (pictured) is one of seven death row inmates whose death sentences were tainted by improper racial testimony presented at their trials. In 2000, then-Texas Attorney General John Cornyn (now Senator) confessed the state’s error to the U.S. Supreme Court, noting that seven cases had been tainted by improper prosecution testimony. ​“It is inappropriate to allow race to be considered as a factor in our criminal justice system,” Cornyn said. ​“The people of Texas want and…

Issues

Oct 21, 2010

Expert Who Predicted ​“Future Dangerousness” in Texas Death Cases Ruled Unreliable

The Texas Court of Criminal Appeals recently held that the methodology used by Dr. Richard Coons to predict the ​“future dangerousness” of capital defendants was unreliable. Whether a convicted defendant would be a future danger to society is a crucial question for juries in Texas in choosing between a life or death sentence. Dr. Coons has testified in over 150 death penalty trials across the state. He admitted in a recent hearing that he had developed his own methodology for assessing future…

Issues

Aug 31, 2009

INNOCENCE: ​“Trial by Fire: Did Texas Execute an Innocent Man?”

In a thorough and penetrating article published in The New Yorker on August 31, David Grann offers further evidence that Texas probably executed an innocent man in 2004. Grann carefully examines all the evidence that was used in the two-day trial in 1992 to convict Cameron Todd Willingham of murder by arson of his three young children. It is now well established through a series of investigations by other fire experts that the forensic evidence of arson presented at trial had no scientific…

Aug 20, 2004

Broad Spectrum of Citizens Seeks Clemency in Upcoming Texas Execution

A broad spectrum of the public is seeking clemency for Texas death row inmate James Allridge, who is scheduled to be executed on Thursday, August 26th. Among those pointing to Allridge’s rehabilitation as the basis for mercy are four of the original jurors in his trial, two former death row prison guards, a retired prison system administrator, a Fort Worth city councilman, one of Allridge’s former employers, and murder victims’ family members. The supporters state that since Aldridge arrived on…

Jun 17, 2004

EDITORIALS: Dallas Morning News Says Texas’ Statute is ​“Wrong and Should Not Stand”

A recent Dallas Morning News editorial decried the use of expert witnesses who claim to have the ability to predict future dangerousness, a determination that jurors in Texas heavily rely on in sentencing people to death. The editorial states: In Texas, we execute criminals not for what they did, but for what they might do. Convicted murderer David Harris has a date with the executioner June 30 for having killed a man in a Beaumont gunfight. But that’s not enough to get Mr. Harris, or any…

Issues

Jun 16, 2004

Texas Relies on ​“Junk Science” in Choosing Who Will Be Sentenced to Death

Texas plans to execute David Harris on June 30th on the basis of a prediction in 1986 that he would be a future danger even if sentenced to life in prison. Dr. Edward Gripon testified that Harris posed a substantial risk of committing further violent acts, even though Gripon had never met or examined Harris. During his nearly two decades on death row, Harris has had only minor infractions, such as having too many postage stamps or hanging a clothesline in his cell. In a 1983 brief to the U.S.

Mar 31, 2004

New Study from Texas Defender Service

NEW STUDY BY TEXAS DEFENDER SERVICE Read Deadly Speculation — Misleading Texas Capital Juries with False Predictions of Future Dangerousness (PDF), a new report from the Texas Defender Service about the unreliability of future dangerousness predictions in Texas death penalty cases. Such speculative testimony is the key factor in who receives the death penalty in Texas. Among those predicted to be a future danger was Randall Dale Adams, who was later found innocent and freed from death row.

Mar 31, 2004

New Study Points to Unreliability of Future Dangerousness Predictions in Texas

A new study conducted by the Texas Defender Service and Professor John Edens of Sam Houston State University found that state predictions of the future dangerousness of capital defendants were grossly inaccurate. The review examined the cases of 155 inmates in which prosecution expert witnesses had predicted the inmate would be a future danger to society and in which the state asked for the death penalty. However, only 8 (5%) of these inmates later engaged in any seriously assaultive behavior…

Issues

Dec 31, 2000

A State of Denial: Texas Justice and the Death Penalty

The nation is embroiled in a debate over the death penalty. Each day brings fresh accounts of racial bias, incompetent counsel, and misconduct committed by police officers or prosecutors in capital cases. The public increasingly questions whether the ultimate penalty can be administered fairly — free from the taint of racism; free from the disgrace of counsel sleeping through a client’s trial; free from the risk of executing an innocent person. Support for the death penalty is falling, and…