Blog of Rights

Justice Under Attack: The North Carolina Legislature Takes Aim at the Racial Justice Act

By Cassandra Stubbs, ACLU Capital Punishment Project at 4:01pm

In 2009, North Carolina made history by becoming the first state to pass a law that addressed the systemic problems of racial discrimination in jury selection in capital cases. In the three years since the Racial Justice Act (RJA) was enacted, this law has uncovered systemic discrimination. In four cases, North Carolina death row inmates presented sweeping evidence that racial discrimination in jury selection tainted their trials, and had their death sentences converted to life without parole under the law.

States Take Sizeable Steps in 2012 to End Overincarceration

By Inimai Chettiar, ACLU & Alex Stamm, ACLU Center for Justice at 3:48pm

As states begin to realize that they can reduce their prison populations safely, the pace of reform has begun to pick up a bit this year. State legislative sessions are coming to a close, which makes it a good time to review the actions lawmakers have taken to reduce their unsustainable prison populations in 2012. Here are the some of the legislative reform highlights:

Alabama

Faced with a system of overcrowded prisons and fearing the same sort of court order that forced California to reform its prison system, Alabama took an indirect route toward depopulating its prisons. The state passed SB 386 inMay, which will allow the Alabama Sentencing Commission to set sentencing guidelines for nonviolent crimes that judges would generally have to follow. Under the new law, the Commission can make sentencing changes for nonviolent crimes, which will take effect unless the legislature takes action to reject any such the changes. The Sentencing Commission, which is insulated from the electoral pressure to reject proposals to soften criminal sentences, may now be poised to take action to reduce prison sentences for nonviolent offenses.

Executing Human Dignity: US Death Penalty System to Undergo International Scrutiny

By Katie Haas, ACLU Human Rights Program at 10:16am

The Death Penalty Information Center (DPIC) recently released its 2012 Year End Report, which contained some important news: the number of death sentences in the U.S. remained very close to its 2011 historic low. The 78 death sentences handed down in 2012 represented a 75 percent decline since 1996.  In addition, several states that have historically been high users of the death penalty had no new death sentences or executions, including North Carolina, South Carolina, and Virginia.

New Film Highlights the Gross Injustices of the West Memphis Three Case

By Anna Arceneaux, Staff Attorney, ACLU Capital Punishment Project at 3:44pm

In June 1993, Damien Echols, 18, Jason Baldwin, 16, and Jessie Misskelley, 17, who would come to be known as the “West Memphis Three,” were wrongfully arrested for the murders of three young boys in the small Arkansas town of West Memphis, just across the Tennessee border.

You may be familiar with HBO’s Paradise Lost three-part series on the case, which helped expose the gross injustices that led to the convictions against these three young men – and a death sentence against Damien – for crimes they did not commit. Now, a new, powerful documentary,West of Memphis, tells the story from the defense team’s perspective as the prosecution’s case against the three teenagers unravels.

Texas Court Upholds Death Sentence of Innocent Man Although "There is Something Very Wrong" with Case Against Him

By Brian Stull, ACLU Capital Punishment Project at 10:06am

With an opinion yesterday from the Texas Court of Criminal Appeals, ACLU client Max Soffar moves a step closer to an unjust execution.  And, little more than one year after the execution of Troy Davis, our system moves closer to another miscarriage of justice. 

Soffar is an innocent man on Texas’s death row, who falsely confessed to crimes he didn’t commit.  He’s been there most of the last 32 years after being convicted of killing three people in a 1980 Houston bowling alley robbery. His conviction was based entirely on false words from his own mouth. 

The Right to Life Denied: Death Penalty Violates the Constitution and International Law

By Avinash Samarth, ACLU National Security Project at 3:51pm

Yesterday, in Warsaw, Poland, Jamil Dakwar of the ACLU Human Rights Program delivered a statement to the Organization for Security and Cooperation in Europe (OSCE) addressing the continued use of capital punishment in the United States.

The OSCE is the world's largest security-oriented intergovernmental group. The 56 countries that make up the organization's membership include the United States, Russia and Canada, along with every European nation. The United States and Belarus are the only two countries in the OSCE that still practice state executions. Since 2009, Belarus has executed 6 people, while the United States has executed 135. In fact, our frequency of executions is matched only by Saudi Arabia, Yemen, North Korea, Iran, and China.

Shaking Off the Shackles of State-Sponsored Killing

By Tanya Greene, Advocacy and Policy Counsel, ACLU at 11:38am

Hooray for Maryland! Expressing concerns about the risk of deadly error, the exorbitant and ever-increasing cost, racial bias and the unending torment of murder victims' family members, today Maryland Governor, Martin O'Malley, signed into law repeal of that state's death penalty. We applaud the legislature and the Governor on their decision to end state-sponsored homicide in Maryland. We are a better nation for it.

Part of a noticeable trend – as Dr. King might say, the arc of the moral universe bending toward justice -- Maryland is the sixth state in six years to repeal the death penalty, joining New Jersey, New York, New Mexico, Illinois and Connecticut.

Court Rejects Attempts to Devalue Life of the Accused in South Texas Capital Case

By Brian Stull, ACLU Capital Punishment Project at 11:58am

"A life in Cameron County [Texas] is worth just the same as a life in other parts of the United States."

This pointed sentence came in Judge Elia Corenjo Lopez's 63-page order this week, in which she recommended that former death-row prisoner and ACLU client Manuel Velez be given a whole new trial.

Lives Lost in 2012: Who Did We Kill?

By Denny LeBoeuf, Capital Punishment Project at 2:14pm

At the end of the year many news sources review a year’s worth of obituaries, usually the passing of the famous. Neil Armstrong and Sally Ride. Whitney Houston, Dave Brubeck. Joe Paterno, a reminder that people’s lives are complicated, and we don’t really know public people as we think we do. Rodney King. Sherman Helmsley. Tony Scott and Don Cornelius, powerful men in entertainment. Etta James, Donna Summer, and Levon Helm.

Death Penalty Maintains Racial Inequality

By Brian Stull, ACLU Capital Punishment Project at 11:10am

The inauguration of Barack Obama, one day after Martin Luther King Jr. Day, has prompted a healthy discussion in the nation about racial and socioeconomic inequality.

As part of that discussion it is important to point out that, just like the divisions in the Jim Crow south, the death penalty continues to divide us by race and socioeconomic status.

In 1976, when the Supreme Court approved the modern death penalty statutes that were supposed to ensure that death sentences were no longer arbitrary and discriminatory, the Court stated that "capital punishment is an expression of society's moral outrage at particularly offensive conduct . . ."