mistakes in death sentencing
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Mistakes in Death Sentencing. DPIC Website: DPIC webpage - Innocence Old Report - July 1997 But still useful .... Lawyers’ perspective. Mistakes in Death Sentencing. DPIC points to a number of issues: The great pressure on police/prosecutors to "solve" the most notorious murders in - PowerPoint PPT PresentationTRANSCRIPT
Mistakes in Death Sentencing
DPIC Website:
DPIC webpage - InnocenceOld Report - July 1997But still useful ....
Lawyers’ perspective
Mistakes in Death Sentencing
DPIC points to a number of issues:
The great pressure on police/prosecutors to "solve" the most notorious murders in a community - often terrible cases
Lack of eyewitness testimony (the “gold standard” for lawyers and trials – but actually very unreliable – based on huge amount of research!!)
Mistakes in Death Sentencing
Heightened publicity
"Death qualified" juries
Limited resources of defense attorney (understatement!!)
Mistakes in Death Sentencing
Appeals don’t help:
Presumption of guilt following convictionAppeals focus on procedures, not substantive
Limits on introduction of new evidence
Mistakes in Death Sentencing
Kirk Bloodsworth video15 minutes
Illinois Video15 minutes
Mistakes in Death Sentencing
MISTAKES
Three kinds of doubtful cases -
not all involve actually innocent defendants:
Mistakes in Death Sentencing
1. Legal-technical “errors” -- probably guilty -- but problems with fair trial issues
(e.g., Texas brother/sister case)
Mistakes in Death Sentencing
2. Weak evidence + sham trial
-- some evidence of guilt, but sham trial
don’t know whether they really did it or not
(e.g., “sleeping lawyer” cases in Texas Ray Krone case in Arizona))
Mistakes in Death Sentencing
3. “Wrong person” mistakes -- innocent people convicted
100+ prisoners released post-Furman, mostly because of DNA and other physical evidence.
(Some based on reinvestigation – cases overturned on appeal and re-investigation exposes weak evidence of
guilt and little/no chance of conviction in a real trial)
Mistakes in Death Sentencing
How many mistakes (innocent people)?
My estimate (based on Arizona study/data): at least 10% of all death sentences
300+ innocent people now on death row
Most will never be discovered!!
Mistakes in Death Sentencing
???
Confessions
Co-defendant
Etc.
???
Circumstantial
Eyewitness
DNA
Physical
Evidence
Mistakes in Death Sentencing
How and Why do they happen?
Three factors:
1. Some “evidence” 2. “Belief” 3. Weak defense
Mistakes in Death Sentencing
1. Some evidence
(usually little or no reliable physical evidence in mistake cases)
Mistakes in Death Sentencing
Crime-centered vs. Suspect-centered police investigation
(police “belief” a major factor)
e.g., OJ Simpson, Scott Peterson
(Note: why suspect centered vs evidence centered?)
Mistakes in Death Sentencing
Role of prosecutor --
convert police “probable cause” to
“beyond a reasonable doubt”
Sham trials make this easy!
Mistakes in Death Sentencing
Circumstantial evidence
Witness identifications (notoriously unreliable)
False confessions (and “facts only the killer could know”)
Co-defendant and “snitch” confessions (bargaining)
Mistakes in Death Sentencing
2. Prosecutor “belief”
(also police, survivors, juries, public, victims families, etc.)
Irrational “beliefs” have become a major cultural phenomenon in America – why educators focus somuch on “critical thinking” skills
Mistakes in Death Sentencing
"Getting committed” to a defendant --
"bad guys" and getting "justice" for the victims family.
Mistakes in Death Sentencing
Manipulating evidence --
do anything to keep the "bad guy" from getting off.
Mistakes in Death Sentencing
“Costs” of backing away once committed
let down the victims familyusually have already “bent the rules”loss of status and prestigeetc.
Mistakes in Death Sentencing
“The ratchet” --
blind belief + the awful consequences of doubt.
Mistakes in Death Sentencing
3. Weak defense
not consistentno lawyer who “knows the case”inexperience, low pay, etc.no resources for investigation
Mistakes in Death Sentencing
Inadequate discovery process
(allows prosecutors to manipulate evidence)
Note: the “Waiver” and discovery
Mistakes in Death Sentencing
No independent investigation ---
no answer from the defense makes even weak evidence seem convincing to juries
Only hear one side of case, one version of the “evidence”
Mistakes in Death Sentencing
Weak defense at trial
short trialsno independent defense evidenceno mitigating evidence at sentencing
Sham trials!!
Mistakes in Death Sentencing
Lack of appeals groundwork
problems must be in trial record for appeals process to work
the Waiver
Mistakes in Death Sentencing
Note: juries often notice problems but think that appeals process will correct mistakes
Mistakes in Death Sentencing
In a system with completely inadequate defense, prosecutors are the key problem.
The process would be somewhat better if prosecutors held to ideal of “justice” instead of focus on conviction rates.
Election of prosecutors undermines this - Warps & politicizes prosecutors position
Mistakes in Death Sentencing
Personal characteristics of prosecutors justice/fair trial vs. “getting bad guys”
Power -- unlimited power undermines the adversary nature of system
("unequal playing field")
Mistakes in Death Sentencing
Politics --
of particular casesof prosecutors public postureof the DP itself
Peer pressure -- elite of prosecutors, can’t acknowledge mistakes.
Mistakes in Death Sentencing
Career “politics” --
elite of prosecutors - fast track for higher office
(judge, governor, attorney general, etc.)
Mistakes in Death Sentencing
The appeals process does almost nothing (usually an obstacle!!) to correct mistakes & commutes are politically unworkable.
Mistakes in Death Sentencing
Bottom Line: mistakes are systemic, and virtually inevitable.
Mistakes in Death Sentencing
Note:
this is main dilemma related to speeding up the appeals process -- virtually guarantees execution of innocent people