American Bar Association: Freeze Executions

[Firetxmi]

Freeze executions, lawyers' group urges

The Associated Press
Updated: 11:42 a.m. ET Oct 29, 2007
WASHINGTON - Serious problems in state death penalty systems compromise fairness and accuracy in capital punishment cases and justify a nationwide freeze on executions, a U.S. lawyers' organization said.

Problems cited in a report released Sunday by the American Bar Association include:

Spotty collection and preservation of DNA evidence, which has been used to exonerate more than 200 inmates;
Misidentification by eyewitnesses;
False confessions from defendants; and
Persistent racial disparities that make death sentences more likely when victims are white.
The report is a compilation of separate reviews done over the past three years of how the death penalty operates in eight states: Alabama, Arizona, Georgia, Florida, Indiana, Ohio, Pennsylvania and Tennessee.

Teams that studied the systems in Arizona, Florida and Pennsylvania did not call for a halt to executions in those states. But the ABA said every state with the death penalty should review its execution procedures before putting anyone else to death.

"After carefully studying the way states across the spectrum handle executions, it has become crystal clear that the process is deeply flawed," said Stephen Hanlon, chairman of the ABA Death Penalty Moratorium Implementation Project. "The death penalty system is rife with irregularity."

The ABA, which takes no position on capital punishment, did not study lethal injection procedures that are under challenge across the nation. The procedures will be reviewed by the Supreme Court early next year in a case from Kentucky.

State and federal courts have effectively stopped most executions pending a high court decision.

Prosecutors and death penalty supporters have said the eight state studies were flawed because the ABA teams were made up mainly of death penalty opponents.




Link:http://www.msnbc.msn.com/id/21529242/

[2Sheds_Jackson]

The death penalty is simply the sentence ****ounced at the outcome of a trial. The trial is the part that's supposedly broken. If the death penalty is "deeply flawed" and "rife with irregularity" - then so is every other sentence out there. Should they all go home while we wait for perfection?

Spotty collection and preservation of DNA evidence - if we have it, use it. If not, carry on.

Misidentification by eyewitnesses - happens in every trial.

False confessions from defendants - what is a "false confession"? If they don't care about the death penalty, why should we?

Persistent racial disparities that make death sentences more likely when victims are white. - Then what's called for are more death sentences, not less.

[Firetxmi]

Yes, but the difference is that at the end of the day when the guy who got life in prison is found not guilty later on he walks out.

The guy who got death and is later found not guilty, well, he's six feet under.

The consequences of errors with the latter is disturbing.

[muck]

Yes, but the difference is that at the end of the day when the guy who got life in prison is found not guilty later on he walks out.

The guy who got death and is later found not guilty, well, he's six feet under.

The consequences of errors with the latter is disturbing.

Exactly! Wasn't there just recently this case of a guy whose lawyers had presented trustworthy evidence for his innocence but he was executed nonetheless because they contacted the court outside working hours?

This is too serious in my opinion. If new investigation techniques are developed by police, they should be used to revise the cases of doomed criminals, too.

[RadarGreg]

Damn...I read the title and thought they decided on a new form of execution. Freezing to death is probably more humane and less painful than say, electrocution or hanging.p-)

[Thor]

Actually, you might be on to something there. Give them sedatives and put them in a freezer.

[hank]

The death penalty is simply the sentence ****ounced at the outcome of a trial. The trial is the part that's supposedly broken. If the death penalty is "deeply flawed" and "rife with irregularity" - then so is every other sentence out there. Should they all go home while we wait for perfection?

Spotty collection and preservation of DNA evidence - if we have it, use it. If not, carry on.

Misidentification by eyewitnesses - happens in every trial.

False confessions from defendants - what is a "false confession"? If they don't care about the death penalty, why should we?

Persistent racial disparities that make death sentences more likely when victims are white. - Then what's called for are more death sentences, not less.

Death penalty trials are fundamentally different than all other trials. Evidence is presented in different order, many of the evidentiary rules are different. Its just fundamentally different.

hank

[ViktorNavorski]

I just look up the average time a death row inmate has to wait for execution in the U.S., 12.25 years! There's nothing wrong with the sentencing, it's that 12.25 years, that is the main problem.

[Firetxmi]

The ABA is not a bastion of liberal ideas. I'd consider what they are saying very seriously.

[dangerclose]

reason #56 to hate lawyers.


This is going in the opposite direction of what is needed. The death sentence needs to be streamlined and carried out more speedily without 20 years worth of appeals and inmates using up precious oxygen. Forget death row, I want a conveyor belt.

[Firetxmi]

reason #56 to hate lawyers.


This is going in the opposite direction of what is needed. The death sentence needs to be streamlined and carried out more speedily without 20 years worth of appeals and inmates using up precious oxygen. Forget death row, I want a conveyor belt.

Even when (according to the American Bar Association) innocent people are being executed you want it to be faster? Yeah, thats real smart.

[MichaelF]

There should be one (1) holding facility, funded and operated by all DP+ States, for prisoners awaiting execution.

Adak, Alaska would be a good site.

[WarriorMonk]

cryo tubes anyone?

[Violet Fashion by Mindy]

The death penalty is simply the sentence ****ounced at the outcome of a trial. The trial is the part that's supposedly broken. If the death penalty is "deeply flawed" and "rife with irregularity" - then so is every other sentence out there. Should they all go home while we wait for perfection?

Now now. That comment is pretty asinine. The ABA never said anything about the actual penalty. What they did say is because the justice system can at times be seriously flawed then the use of the penalty be put on hold until the system is fixed.

Spotty collection and preservation of DNA evidence - if we have it, use it. If not, carry on.

Evidence that is tarnished in anyway should not be used.

Misidentification by eyewitnesses - happens in every trial.

Another reason why the death penalty should not be used.

False confessions from defendants - what is a "false confession"? If they don't care about the death penalty, why should we?

Oh I don't know. Maybe the cops beating the living **** out of some punk to confess to a murder.

Persistent racial disparities that make death sentences more likely when victims are white. - Then what's called for are more death sentences, not less.

How you came to that conclusion I don't know. You know full well that a black who commits a crime in rural Mississippi is going to be treated very differently to a white guy in Rhode Island.



So in conclusion. I rest my case your honor.

[MichaelF]

So in conclusion. I rest my case your honor.

Seeing as any Jury in Mississippi is quite likely* to be at least 50% black, I'm guessing blacks being tried will get as fair a shake as anyone.


But, hey, don't let facts prevent you from making bigoted and anachronistic remarks about places you don't know...


*-blacks make up ~40% of the State population, but are the majority in most Counties, especially in the rural areas.

[little icebear]

Yes, but the difference is that at the end of the day when the guy who got life in prison is found not guilty later on he walks out.

The guy who got death and is later found not guilty, well, he's six feet under.

The consequences of errors with the latter is disturbing.

´Nuff said, IMHO. How could anyone argue against this fact?


The ABA is not a bastion of liberal ideas.

Nor is mp.net. That´s why I don´t expect a lot of applause for a suspension of the Death Penalty.


Actually, you might be on to something there. Give them sedatives and put them in a freezer.

Careful! They might be reanimated 1000 years from now and continue their lives as intergalactic delivery-boys. ;)

[Violet Fashion by Mindy]

Seeing as any Jury in Mississippi is quite likely* to be at least 50% black, I'm guessing blacks being tried will get as fair a shake as anyone.


But, hey, don't let facts prevent you from making bigoted and anachronistic remarks about places you don't know...


*-blacks make up ~40% of the State population, but are the majority in most Counties, especially in the rural areas.

Meh it was just an example.

:)

[noname]

Even when (according to the American Bar Association) innocent people are being executed you want it to be faster? Yeah, thats real smart.


Yeah, all convicts are innocent. What innocent people have been executed? My gut instinct tells me that a majority of those executed is probably in the high 90 percentile. So we should cease giving justice to a huge majority of those because a fraction of a percent that were unable to win through appeal during their decade plus runup to their day of reckoning?

[little icebear]

Yeah, all convicts are innocent. What innocent people have been executed? My gut instinct tells me that a majority of those executed is probably in the high 90 percentile. So we should cease giving justice to a huge majority of those because a fraction of a percent that were unable to win through appeal during their decade plus runup to their day of reckoning?

What would your gut tell you if you were the innocent guy sitting in Death Row?

[noname]

If I was innocent I wouldn't be sitting in death row. p-)

[little icebear]

If I was innocent I wouldn't be sitting in death row. p-)

It would be wonderful if we all could live in your world, but I´m afraid we have to go on living in what we call "reality". :-(

But better stick to your world and continue to refuse to deal with reality - your world is a better place. Wish I could join you.

[Nano]

Serious problems in state death penalty systems compromise fairness and accuracy in capital punishment cases and justify a nationwide freeze on executions, a U.S. lawyers' organization said.

I agree with the bold part given the OJ Simpson case and the recent case in California capital punishment is not what it used to be or hmm was it ever. If, that is the basis for their recommendation then well then the whole justice system needs to be entirely overhauled and in the meanwhile declare martial law, or better yet let private citizens protect their property and most importantly themselves without the 'law' branding them criminals.
I have seen the California Bar at work with dealing with a lawyer who was scamming clients. I can tell you that if anyone ought to be telling anyone
whether fair and just punishment is being carried out the Bar certainly is not one of them.
This whole thing smells of politics and what is best for the Bar members. One can certainly see
a death row inmate paying all sorts of money out while his death is prolonged all the longer. I certainly don't take agreement with the argument that one has to provide a guilty person with a defense that gets him off for the justice system to work. Certainly if the Bar is so worried about unfair and unjust system maybe members ought to do more pro-bono work than line their pockets with just blood money.

[noname]

It would be wonderful if we all could live in your world, but I´m afraid we have to go on living in what we call "reality". :-(

But better stick to your world and continue to refuse to deal with reality - your world is a better place. Wish I could join you.

Are you on death row?

[little icebear]

Are you on death row?

Yes! Thanks to Amnesty Internatinal I do have 24/7 DSL-Internet in my cell.
And I can download music and movies illegaly as much as I want - Want can they do about it? Punish me? :)

[Albatross]

Lawyers, what a bunch of f**ksticks.

[Firetxmi]

If I was innocent I wouldn't be sitting in death row. p-)

Numbers Nationally:
Released nationally from death rows because of innocence since 1971: 113

Total number of people executed between 1976 and May 3, 2004: 909

Number of people executed for every person released for innocence: 8.44
Source: Death Penalty Information Center

[LazerLordz]

Just abolish the death penalty and form them up into hard labor teams.

[Calanen]

reason #56 to hate lawyers.


Not every lawyer is a member of the ABA, or agrees with their position. I was a member of the ABA because I had to be to pass the MPRE (Ethics exam), but I did not renew it.

I don't think we need to can the death penalty, but reviewing the way things are done is never a bad idea.

As for hating lawyers, most people have trouble articulating why they do when you ask them about it, they just know that they should because it's the done thing. And yet, when the chips are down, quite often the lawyers are the only people that can save you.

[Calanen]

Lawyers, what a bunch of f**ksticks.

Again, it's a peak body - it does not speak for every US lawyer. In the same way I cannot attribute everything done by George Bush as the leader of the US to all americans, so too you should not attribute things the ABA might say as being the viewpoint of every US lawyer.

[ex1cdo]

This is going in the opposite direction of what is needed. The death sentence needs to be streamlined and carried out more speedily without 20 years worth of appeals and inmates using up precious oxygen. Forget death row, I want a conveyor belt.

Absolutely. Give them a fair trial, then take them out and hang them. :roll: