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The death penalty |
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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
.
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| 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.
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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.
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| 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:
 | Khaled Abou El Fadl, UCLA School of Law |
 | Victor Anderson, Vanderbilt Divinity School |
 | J. Budziszewski, University of Texas |
 | E.J. Dionne, Jr., The Brookings Institution and
co-chair, the Pew Forum on Religion and Public Life |
 | Avery Cardinal Dulles, S.J., Fordham University |
 | Jean Bethke Elshtain, University of Chicago and
co-chair, the Pew Forum on Religion and Public Life |
 | Richard Garnett, University of Notre Dame Law School |
 | Hon. Frank Keating, Governor of Oklahoma Gilbert
Meilaender, Valparaiso University |
 | David Novak, University of Toronto |
 | Hon. Antonin Scalia, United States Supreme Court |
 | Hon. Paul Simon, Former Senator (D-IL) |
 | Beth 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.
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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.
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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.
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|
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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