Tag: innocent
More Than 4 Percent Of Death Row Inmates Wrongly Convicted, Study Says

More Than 4 Percent Of Death Row Inmates Wrongly Convicted, Study Says

By Monte Morin, Los Angeles Times

LOS ANGELES — A new study argues that more than 4 percent of all defendants who have been sentenced to death — and who remain under threat of execution — are probably innocent.

In a paper published this week in the journal PNAS, a team of researchers statistically examined the cases of 7,482 death row convictions from 1973 to 2004.

Using a so-called survival analysis mathematical model, study authors estimated that if all death-sentence defendants remained under sentence of death indefinitely, at least 4.1 percent would be exonerated.

By the same token, authors concluded that although the number of innocent people who have been executed was “comparatively low,” the percentage of innocent people who have had their death sentences commuted to life is even greater.

“The great majority of innocent defendants who are convicted of capital murder in the United States are neither executed nor exonerated,” Samuel Gross, a law professor at the University of Michigan Law School, wrote with his colleagues Monday. “They are sentenced, or resentenced to prison for life, and then forgotten.”

Gross, whose colleagues included biostatisticians from the American College of Radiology and the University of Pennsylvania Medical School, said the differing rates had to do with the unique workings of the U.S. justice system.

Specifically, the cases of defendants actively awaiting execution on death row receive the most intense scrutiny of all criminal convictions. Prisoners who have had their sentences reduced to life in prison receive much less scrutiny, authors argued.

“The threat of execution is the engine that drives the process of exonerating innocent death row prisoners, and it is likely that this process becomes more painstaking as inmates approach their execution dates,” authors wrote.

“Courts and executive officials explicitly recognize that it is appropriate to take the possibility of innocence into account in deciding whether to reverse a conviction for procedural error or commute a death sentence to life imprisonment. … As a result, those who are resentenced to punishments less than death are more likely to be innocent than those who remain on death row.”

In the time period examined, authors wrote that 943 people had been executed, or roughly 13 percent of the 7,482 death sentences imposed.

By contrast, 117, or roughly 2 percent, were exonerated. An additional 2,675, or roughly 36 percent of the total, had their sentences commuted. (The number of people who died on death row but who were not executed was 298, or 4 percent.)

Study authors wrote that the most charged question regarding capital punishment was how many innocent defendants have been executed.

“We cannot estimate that number directly but we believe it is comparatively low,” authors wrote. “If the rate were the same as our estimate for false death sentences, the number of innocents executed in the United States in the past 35 years would be more than 50. We do not believe this has happened.

“Our data and the experience of practitioners in the field both indicate that the criminal justice system goes to far greater lengths to avoid executing innocent defendants than to prevent them from remaining in prison indefinitely.”

Casey Konstantín via Flickr.com

Activists Rally To Stop Execution Of Troy Davis

As the Sept. 21 scheduled execution of Georgia inmate Troy Davis approaches, the fight has intensified to save the life of a man whom many believe to be innocent. Amnesty International and other organizations have declared today the International Day of Solidarity For Troy Davis, and more than 300 rallies, vigils, and other events are planned for this cause worldwide. Amnesty said it delivered more than half a million signatures to the Georgia Board of Pardons and Paroles, which will be holding Davis’ clemency hearing Monday before his scheduled Wednesday execution. National figures, like the Rev. Al Sharpton and NAACP leaders, will be speaking at events today, urging the board to consider the inconsistencies and doubt that remain in Davis’ conviction.

If the board heeds the calls of the hundreds of thousands of activists, it will be a significant boost to human rights efforts in a time when the death penalty debate has once again come to the national stage. Presidential hopeful and Texas Governor Rick Perry has drawn both criticism and praise for his record of authorizing 234 executions. Most recently, he did not intervene to stop the execution of Duane Buck, a man whose trial was marred by blatant racial bias. Fortunately, the U.S. Supreme Court stepped in where Perry would not, temporarily halting Buck’s execution. The activists trying to save Troy Davis’ life hope they won’t have to rely on such a chance last-minute intervention.

See below for the Sept. 7 National Memo story about Troy Davis:

One of the founding principles of the U.S. judicial system is that people are innocent until proven guilty. The controversial Troy Davis case in Georgia, however, has caused many to doubt whether the system is truly fair.

Davis was convicted in 1991 of murdering a Savannah police officer in 1989, but the verdict has drawn criticism due to inconsistent testimonies and the lack of physical evidence. On Tuesday, a Chatham County judge signed Davis’ death warrant and scheduled his execution between Sept. 21 and Sept. 28. This marks the fourth time in the past four years that the state has scheduled Davis’ execution. The new execution order is significant, though, because Davis has exhausted his appeals. His only hope of avoiding the death penalty is if the five-member Georgia Board of Pardons and Paroles makes the rare move to grant him clemency.

The Davis case has long been a rallying cause for various human rights groups. According to Amnesty International,

The case against him consisted entirely of witness testimony which contained inconsistencies even at the time of the trial. Since then, all but two of the state’s non-police witnesses from the trial have recanted or contradicted their testimony.

Many of these witnesses have stated in sworn affidavits that they were pressured or coerced by police into testifying or signing statements against Troy Davis.

One of the two witnesses who has not recanted his testimony is Sylvester “Red” Coles — the principle alternative suspect, according to the defense, against whom there is new evidence implicating him as the gunman. Nine individuals have signed affidavits implicating Sylvester Coles.

Given this information, Amnesty and other groups have launched nationwide petition campaigns against Davis’ execution. But when the U.S. Supreme Court gave Davis the rare chance in 2009 to argue his innocence before a federal judge, there was not enough new information to overturn the original conviction. The judge wrote, “While Mr. Davis’s new evidence casts some additional, minimal doubt on his conviction, it is largely smoke and mirrors.” Others have countered that Davis should still not be executed because the original witnesses have admitted to lying about his guilt, which makes the evidence supporting his conviction murky at best.

Georgia is one of 34 states with the death penalty, and about 42 percent of death row inmates nationwide are black, like Davis. Public opinion on the death penalty varies, but Gallup data has found that a majority of Americans support capital punishment for convicted murderers. However, most people surveyed also said they thought innocent people had been executed in the past five years.

In a time when presidential hopefuls like Rick Perry are unapologetic about sentencing likely innocent men to death, the chances of Davis avoiding execution seem slim despite the numerous problems with his conviction. Even so, rights groups will be intensifying their efforts in the next few weeks to save another possibly innocent man from the death penalty.

Will Another Innocent Person Be Executed?

One of the founding principles of the U.S. judicial system is that people are innocent until proven guilty. The controversial Troy Davis case in Georgia, however, has caused many to doubt whether the system is truly fair.

Davis was convicted in 1991 of murdering a Savannah police officer in 1989, but the verdict has drawn criticism due to inconsistent testimonies and the lack of physical evidence. On Tuesday, a Chatham County judge signed Davis’ death warrant and scheduled his execution between Sept. 21 and Sept. 28. This marks the fourth time in the past four years that the state has scheduled Davis’ execution. The new execution order is significant, though, because Davis has exhausted his appeals. His only hope of avoiding the death penalty is if the five-member Georgia Board of Pardons and Paroles makes the rare move to grant him clemency.

The Davis case has long been a rallying cause for various human rights groups. According to Amnesty International,

The case against him consisted entirely of witness testimony which contained inconsistencies even at the time of the trial. Since then, all but two of the state’s non-police witnesses from the trial have recanted or contradicted their testimony.

Many of these witnesses have stated in sworn affidavits that they were pressured or coerced by police into testifying or signing statements against Troy Davis.

One of the two witnesses who has not recanted his testimony is Sylvester “Red” Coles — the principle alternative suspect, according to the defense, against whom there is new evidence implicating him as the gunman. Nine individuals have signed affidavits implicating Sylvester Coles.

Given this information, Amnesty and other groups have launched nationwide petition campaigns against Davis’ execution. But when the U.S. Supreme Court gave Davis the rare chance in 2009 to argue his innocence before a federal judge, there was not enough new information to overturn the original conviction. The judge wrote, “While Mr. Davis’s new evidence casts some additional, minimal doubt on his conviction, it is largely smoke and mirrors.” Others have countered that Davis should still not be executed because the original witnesses have admitted to lying about his guilt, which makes the evidence supporting his conviction murky at best.

Georgia is one of 34 states with the death penalty, and about 42 percent of death row inmates nationwide are black, like Davis. Public opinion on the death penalty varies, but Gallup data has found that a majority of Americans support capital punishment for convicted murderers. However, most people surveyed also said they thought innocent people had been executed in the past five years.

In a time when presidential hopefuls like Rick Perry are unapologetic about sentencing likely innocent men to death, the chances of Davis avoiding execution seem slim despite the numerous problems with his conviction. Even so, rights groups will be intensifying their efforts in the next few weeks to save another possibly innocent man from the death penalty.