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The death penalty

Kucinich introduces bill to abolish federal death penalty

Introduced on Dec. 14, co-sponsored by 39 members of congress
[12-16-05]

[from the office of Rep. Kucinich. http://www.kucinich.house.gov/ ]


WASHINGTON - December 14 - Congressman Dennis J. Kucinich (D-OH), today, introduced legislation to abolish the federal death penalty. The Federal Death Penalty Abolition Act of 2005, currently co-sponsored by 39 Members of Congress, will put an immediate halt to executions and forbid the imposition of the death penalty as a sentence for violations of federal law.

"The death penalty is not an effective deterrent," stated Kucinich. "Homicide rates in states with the death penalty are no lower than rates in abolitionist states. Of the twelve states without the death penalty, ten have murder rates below the national average."

Since the death penalty was reinstated in 1976, 122 men and women have been released from death row due to evidence of innocence. In addition, an audit released in late 2003 found that death penalty cases in Kansas cost significantly more than comparable non-death penalty incarcerations. The median cost for a death penalty case was $1.26 million while the median cost for a non-death penalty case was $740,000. Imposition of the death penalty is also racially and economically biased.

"I strongly believe that violent offenders must be severely punished and prevented from committing future crimes," continued Kucinich. "However, capital punishment is not the answer. The death penalty is not a deterrent, allows innocent people to be executed, and marginalizes the United States in the fight for human rights in the international community."

Joining Kucinich on the bill are Reps. Neil Abercrombie, Michael Capuano, William Lacy Clay, Emanuel Cleaver, John Conyers, Elijah Cummings, Danny Davis, William Delahunt, Sam Farr, Bob Filner, Raul Grijalva, Luis Gutierrez, Alcee Hastings, Maurice Hinchey, Michael Honda, Eddie Bernice Johnson, Dale Kildee, Carolyn Kilpatrick, James Langevin, Barbara Lee, John Lewis, James McGovern, Cynthia McKinney, Edward Markey, Gregory Meeks, Gwen Moore, James Oberstar, John Olver, Major Owens, Charles Rangel, Bobby Rush, Jose Serrano, Pete Stark, Edolphus Towns, Nydia Velazquez, Maxine Waters, Diane Watson, Melvin Watt, and Lynn Woolsey.

**************

Rev. Elenora Giddings Ivory
Director, Washington Office
Presbyterian Church (USA)
202-543-1126 202-543-7755 (fax)
100 Maryland Avenue, N.E., Suite 410
Washington, DC 20002

eivory@ctr.pcusa.org

Supreme Court bars death penalty for juvenile killers

The Supreme Court ruled Tuesday that the Constitution forbids the execution of killers who were under 18 when they committed their crimes, ending a practice used in 19 states. The 5-4 decision throws out the death sentences of about 70 juvenile murderers and bars states from seeking to execute minors for future crimes. The executions, the court said, were unconstitutionally cruel. It was the second major defeat at the high court in three years for supporters of the death penalty.  [3-1-05]

Supreme Court will hear four death penalty cases

Washington Office provides background

[10-15-02]

The U.S. Supreme Court is scheduled to hear arguments in four death penalty cases this term raising a number of procedural questions affecting the fairness of death penalty trials. On October 16, 2002 the Supreme Court will hear arguments in the case of Miller-El v. Cockrell. Miller-El is challenging his death sentence arguing that the outcome in his case was tainted by racial bias. In 1986 when he was tried for capital murder in Texas, Dallas county prosecutors intentionally excluded African Americans from juries. The Supreme Court could use this case to clarify rules for proving race discrimination in capital cases, including the evidence that lower courts may consider.

On November 4, 2002, the Supreme Court will hear arguments in the case of Sattazhn v. Pennsylvania. Here the Court will decide whether the Constitution permits a defendant to be sentenced to death on retrial, when his first capital trial resulted in a life sentence because the jury could not agree on a death sentence. Sattazhn is arguing that his death sentence at his second trial is violation of the constitutional prohibition against putting a defendant twice in jeopardy of losing his life.

On November 6, 2002, the Supreme Court will hear arguments in the case of Addur'Rahman v. Bell. The Court must decide when new developments in a criminal case may be heard in federal court. In Abdur'Rahman's case he argues that prosecutorial misconduct and the incompetence of his trial attorney prevented the jury from hearing critical evidence that might have led a jury to find him not guilty or if convicted to decide that a death sentence was not appropriate.

Finally the Court will hear arguments in the case of Woodford v. Garceau. In that case the Court will decide when the provisions of the Anti-terrorism and Effective Death Penalty Act (AEDPA) would be applied to cases that were pending when the statute was enacted. This law hassignificantly restricted federal court review in criminal cases including death penalty cases.

The September/October issue of REPORT to Presbyterians from Washington, contained an article about a death penalty bill still pending in the Senate. You can view the article online at http://www.pcusa.org/washington/sep_oct02.htm#3 .

With papal prodding, Guatemala may end executions

[8-2-02]

The Christian Science Monitor reports that before the pope arrived in Guatemala, the Vatican delivered a letter asking the country's president to put a moratorium on the death penalty. The president did that and more, issuing a formal request to Congress that the death penalty be abolished. If the Guatemalan Congress goes along, then Cuba will be the only Spanish-speaking country in the Americas that still has the death penalty.

A COMMENT FROM YOUR WEBWEAVER: What does this suggest about Justice Antonin Scalia's assertion recently [link] that only the U.S. is Christian enough (in contrast to Europe and all those other secular cultures) to uphold the death penalty? Good grief, now the Pope has become a champion of secularization!?!

thanks to www.onReligion.com

The struggle against the death penalty continues - with the father of a murdered son steadfastly opposing the maximum penalty even for his killer.

This report from Sacramento tells the very human stories of a long, quiet struggle in the state house and elsewhere by the Friends Committee on Legislation.   [5-29-02]

100th death row inmate freed due to actual innocence

NCADP calls for immediate, nationwide halt to executions


Note that the PCUSA has long stood in opposition to the death penalty, and the Washington Office suggests acting now on legislation that would call for a moratorium on its imposition.

from the Presbyterian Washington Office, April 9, 2002


Roy Krone walked out of Arizona prison this week after DNA evidence proved that he was innocent of the murder and sexual assault for which he was twice convicted and once sentenced to death. Krone is the 100th person freed from death row since 1976 due to actual innocence.

In announcing that Krone is innocent of the crime for which he was convicted, Maricopa County Attorney Rick Romley told reporters that the state owes Krone an apology. "He (Krone) deserves an apology from us, that's for sure," Romley said. "A mistake was made here*What do you say to him? An injustice was done and we will try to do better. And we're sorry."

"The death penalty in America is not merely flawed; it is broken and beyond repair," said Steven W. Hawkins, executive director of the National Coalition to Abolish the Death Penalty. "For every seven people that have been executed in this country during the past three decades, one person has been found to be actually innocent. The 100 people found to be innocent were not released due to what some might call a legal technicality * improper jury selection or jury instruction, for example *but because they actually did not do the crime."

Krone was convicted not once but twice of the murder of cocktail waitress Kim Ancona at a Phoenix lounge in 1991. The first time he was convicted, he was sentenced to death and spent two years and eight months on Arizona's Cellblock 6. The second conviction resulted in a life sentence. Krone spent a total of ten years in prison for a crime he did not commit. In all, the 100 inmates freed from death row due to actual innocence spent a combined total of approximately 800 years on death row.

The state of Florida leads the nation in wrongful convictions, with 22 innocent people released from death row since 1973. Illinois is second with 13; Oklahoma and Texas tied for third with 7; followed by Arizona and Georgia, with six each.

"It is time to permanently end capital punishment," Hawkins said. "It is a barbaric practice that is ensnaring innocent Americans in its complicated legal web. It is a system plagued by racial problems, incompetent attorneys, unethical law enforcement officers and prosecutors and a judiciary that is becoming increasingly indifferent to mistakes made at the trial level. End it, don't mend it."

Founded in 1976, the National Coalition to Abolish the Death Penalty is the only fully-staffed national organization devoted specifically to abolishing the death penalty and is comprised of more than 100 local, state, national and international affiliates.

David Elliot, NCADP Communications Director
202-387-3890, ext. 16
cell: 202-607-7036
delliot@ncadp.org
www.ncadp.org

 

Presbyterian background on the death penalty

The Presbyterian Church (USA) is affiliated with the National Coalition to Abolish the Death Penalty. The Presbyterian Church General Assemblies in 1959, 1966, 1977 and 1985 all called for the abolition of the death penalty, "believing that capital punishment cannot be condoned by an interpretation of the Bible based upon the revelation of God's love in Jesus Christ, that as Christians we must seek the redemption of evil doers and not their death, and that the use of the death penalty tends to brutalize the society that condones it" (1959 statement, UPCUSA, p. 384). The Presbyterian Church (USA) is currently working with Senator Russ Feingold's office on soliciting cosponsors for S. 233 The Death Penalty Moratorium Act. Advocates can contact their own Senators and urge them to support S.233 through the switchboard number--202-224-3121.

============================

This information has been prepared by Julia Binger--Intern in the PC(USA) Washington Office.

THE DEATH PENALTY:
Dealing with a flawed system

A note from the Presbyterian Washington Office

Date: 2/6/02

[Posted here 2-8-02]


Here is an update on The Justice Project's "Campaign for Criminal Justice Reform" including the Innocence Protection Act

==========================

The American people understand that the death penalty system is broken, and they are looking to their elected officials for answers. In 2002, The Justice Project will continue to remind voters of how bad the system really is, and help find and implement solutions to those problems.

Evidence of the Problem 99 innocent people have been exonerated from death row since the Supreme Court ruled capital punishment constitutional in the 1970s. The 100th innocent person will probably be released this spring. The Justice Project will do all that it can to draw attention to this shameful milestone.

In February, Professor James Liebman of Columbia University Law School will release the follow-up to his landmark study on the death penalty. His first study, which came out in mid-2000, found 68% of all death penalty appeals are overturned. His new work addresses the reason for this frighteningly high error rate. The Justice Project will work to make sure the report receives as much attention as possible.

Federal Measures

The Justice Project continues to work to pass the Innocence Protection Act. The bill, which requires access to DNA testing, encourages states to establish minimum standards for defense lawyers, and takes other important steps to protect the innocent, currently has 25 cosponsors in the US Senate and 216 in the US House. We hope to move the bill through committee and onto the floor of the House and Senate this spring and summer. For this important bill to become law, we will all have to work both harder and smarter, letting our legislators know how important basic fairness and justice are. The United States Supreme Court is taking up several important death penalty measures this spring. Most notably, they are considering Atkins v. Virginia, in which the Court will re-visit the question of the Constitutionality of executing those with mental retardation. The Justice Project is working with the lead attorney on the case on political and press strategies.

In the States

Most death penalty laws are state laws - and that's where we are spending a lot of time and energy. We are trying to pass good laws this year, and also looking ahead to 2003. We are working in a number of states, doing whatever we can. Legislatures are just gearing up for the 2002 sessions, and The Justice Project is gearing up with them.

All we can hope to do is help. Change will not be made by us, but by dedicated volunteers around the country. All we can do is offer our advice and do some research and writing. The hard work, the winning work, will be done by activists.

Some of the highlights of our work in the states are:

Alabama - There are two primary issues in Alabama in which The Justice Project is interested. First, we are working with the Equal Justice Initiative to ensure those on death row have lawyers for their constitutionally guaranteed appeals - currently, there are men and women on Alabama's death row without any legal representation at all. We are also working with the Equal Justice Initiative to ban the practice of "judicial override" which allows judges to unilaterally overturn jury decisions to sentence someone to life, rather than death. About one quarter of those on Alabama's death row were sent there by judges who overruled jury decisions to not sentence someone to death.

Georgia - The Justice Project is working with the Southern Center for Human Rights to help Georgians understand the problems of providing lawyers for the poor in the state, especially when it comes to the death penalty. We are also working to help turn that understanding into legislation addressing the problem.

Illinois - Governor George Ryan's death penalty commission is slated to release its report on capital punishment in the state this spring. The Justice Project will work to publicize this important document. In addition, we are working with the Illinois Death Penalty Education Project (ILDPEP) to both help people understand the broken system, and promote solutions to those problems.

We are also working to help pass a ban on the execution of the mentally retarded, which will help the Supreme Court case on the constitutionality of the practice.

Nevada - The Nevada legislature is holding a series of hearings on the fairness of the death penalty in the state. The Justice Project is working with local activists to help shape those hearings, and will work to pass reform legislation when the legislature reconvenes in 2003.

Oregon - The Justice Project is working with a coalition of national organizations to assist an effort to place on the fall, 2002 ballot (and ultimately pass) a referendum replacing the death penalty with life in prison.

Texas - The Texas legislature meets every other year, and will be back in 2003. The Justice Project is working with a coalition of grassroots groups this year to make an impact next year. Bills on with which we are helping include: a moratorium on executions, life without parole as a sentencing option, and improving the quality of legal defense for the poor.

ACLU urges:

Stop Wrongful Executions, Support a Moratorium!


[This ACLU statement has been shared by the Presbyterian Washington Office, dated 1/23//02}

[1-23-02]

Both supporters and opponents of the death penalty are concerned about the flaws in the system by which the government imposes sentences of death. More and more Americans agree that there are enough serious concerns about fairness and accuracy in the imposition of the death penalty that there should be a moratorium on the use of the death penalty until these fundamental concerns are addressed.

Since the reinstatement of the modern death penalty, 95 people have been freed from death row because they were later proven innocent. That's 1 innocent person for every 7 persons executed. And a recent study found that 2 of every 3 death penalty cases contain errors so severe that the death sentences and convictions are overturned.

Before one more federal execution is carried out, the federal government has an obligation to ensure that the sentence of death will be imposed with justice, fairness and due process.

To address this concern, Senator Russell Feingold (D-WI) and Representative Jesse Jackson Jr. (D-IL) have introduced the "National Death Penalty Moratorium Act of 2001" (S. 233, H.R. 1038). This legislation would impose a moratorium on federal executions while creating a National Commission on the Death Penalty to review fairness in the administration of capital punishment.

Death penalty to be debated by national leaders

Forum set for Chicago, Friday, January 25th

Politicians, religious leaders and scholars will offer diverse perspectives

[1-17-02]

January 15, 2002 -- In the past year, debate over the use of the death penalty in the U.S. has become louder and more focused as the first federal executions since 1963 took place. While public support for the death penalty remains strong, it has fallen from a high of 77% five years ago to 63% in 2001. And more than 4 in 10 death penalty opponents cite religious belief as an influence on their position.

In light of this ongoing debate, the Pew Forum on Religion and Public Life will hold a conference, "A Call for Reckoning: Religion and the Death Penalty," that will bring together diverse panels of scholars and practitioners, including Supreme Court Justice Antonin Scalia, former U.S. Senator Paul Simon, Oklahoma Governor Frank Keating and Avery Cardinal Dulles. Panelists will discuss the broad range of views on the death penalty offered by representative faiths and traditions in the U.S.

What: Conference to discuss broad range of religious views on death penalty

Where: The University of Chicago Divinity School, Swift Hall 1025 East 58th Street, Chicago, IL

When: Friday, January 25, 2002, 9a.m. - 5p.m.

Who:

bulletKhaled Abou El Fadl, UCLA School of Law
bulletVictor Anderson, Vanderbilt Divinity School
bulletJ. Budziszewski, University of Texas
bulletE.J. Dionne, Jr., The Brookings Institution and co-chair, the Pew Forum on Religion and Public Life
bulletAvery Cardinal Dulles, S.J., Fordham University
bulletJean Bethke Elshtain, University of Chicago and co-chair, the Pew Forum on Religion and Public Life
bulletRichard Garnett, University of Notre Dame Law School
bulletHon. Frank Keating, Governor of Oklahoma Gilbert Meilaender, Valparaiso University
bulletDavid Novak, University of Toronto
bulletHon. Antonin Scalia, United States Supreme Court
bulletHon. Paul Simon, Former Senator (D-IL)
bulletBeth Wilkinson, Former Federal Prosecutor of Oklahoma City bombing trials.

For more information or to attend, visit www.pewforum.org/deathpenalty or call (773) 702-6943.

Contact: Amy Sullivan, phone (202) 955-5077.

Please note: Justice Scalia's presentation will not be open to video cameras. All other conference proceedings will be available for all types of media coverage.

The Pew Forum on Religion and Public Life seeks to promote a deeper understanding of how religion shapes the ideas and institutions of American society. The Forum bridges the worlds of scholarship, public policy and journalism by creating a platform for research and discussion of issues at the intersection of religion and public affairs.

Oxford University professor says religion is one reason Americans like the death penalty

[10/4/00]

Prof. Alan J. Ryan of Oxford University, a leading political theorist who spoke at Cleveland State University, suggested that American religiosity seems to be a major factor in our country's acceptance of -- even enthusiasm for -- the death penalty.

According to the report in the Cleveland Plain Dealer, Ryan examined pro-death penalty Web sites, and found most of them appealing to biblical verses to justify state-sanctioned killing as retribution, even though most denominations oppose capital punishment.

Ryan noted also that there is no statistical evidence that imposition of the death penalty does anything to deter crime, pointing to the availability of guns and other factors as far more important.

"The death penalty is ruled out by pretty much every international declaration of human rights there is," he said. "It makes it hard for the United States to sign these documents. American enthusiasm for capital punishment strikes most everyone in Europe as crazy as well as wicked."


Click here for the whole story.


Thanks to onReligion.com for this story.

 

Death penalty doesn't reduce homicide rate

There are 12 U.S. states that do not impose the death penalty. A study published by the New York Times on 9/22/00 suggests that homicide rates are no higher in states without the death penalty than they are in states that do. In fact, 10 of these 12 states have homicide rates below the national average.

Click here for the Times story.

Note: You have to register to access NYTimes pages, but it's a painless (and costless!) process.

Click here for an earlier story on the death penalty.

 

Europeans Baffled by U.S. Support of Death Penalty

Other nations' protests of capital punishment in the land of the free and of democracy prove ineffective.


An April 6, 2000, report by LA Times staff writer Carol J. Williams, writing from Muenster, Germany, points out that the continuing support of capital punishment by Americans is baffling to Europeans. They note that the US stands with a select few nations that continue to impose the death penalty: Afghanistan, Pakistan, Iran, Iraq and China and a few others ... countries whose records on human rights we criticize harshly.

Klaus Langmann, a Muenster University mathematics professor and co-founder of Amnesty International in Germany, is quoted as saying "This is baffling for us. While countries like Russia and Turkey are agreeing to abolish the death penalty, the United States, which has always claimed to stand for democracy, freedom and morality, still refuses to do so."

Thanks to onReligion.com

Click here for the LA Times story.

 
 

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