Blog of Rights

Forty Years after Furman: Still "Fastened to the Obsolete"

By Denny LeBoeuf, Capital Punishment Project at 11:15am

We celebrate this day 40 years ago, when the Supreme Court, in Furman v. Georgia, declared the death penalty unconstitutional.

The Court divided in 1972 as it had never done before. Nine Justices wrote nine separate opinions, with a majority of five agreeing that the death penalty was arbitrary – "freakishly" imposed on some convicted persons while others, equally as guilty, were allowed to live. Random severity is not equal justice, they said: this offends the Eight Amendment ban on cruel and unusual punishment. Worse, they found, “if any basis can be discerned for the selection of these few to be sentenced to die, it is the constitutionally impermissible basis of race."

James Watson, Discoverer of DNA: Patenting Human Genes Is “Lunacy”

By Sandra S. Park, ACLU Women's Rights Project at 12:11pm

Recently, Dr. James Watson filed an amicus brief opposing gene patents in our lawsuit challenging the patents on two human genes associated with hereditary breast and ovarian cancer. Dr. Watson, along with Francis Crick, identified DNA’s ability to create life through its double helical structure and its information-coding sequences in 1953. His brief explains why, from the perspective of a scientist whose work laid the foundation for all genetic research, gene patenting is “lunacy.”

Feds Should Stop Forcing Death Penalty on Rhode Island

By Steven Brown, ACLU of Rhode Island at 4:18pm

A man named John Gordon was hanged by the state of Rhode Island in 1845. The concern about the fairness of his execution was so great that seven years later, Rhode Island became the second state in the country to abolish the death penalty. No person in the state has been executed since. For inexplicable reasons, the U.S. Department of Justice seems hell-bent on changing that.

Almost two years ago, Jason Wayne Pleau robbed and murdered a gas station manager who was making a bank deposit in Woonsocket, Rhode Island. Pleau was taken into state custody on probation violation charges, and since then he has, through his attorneys, agreed to serve a sentence of life imprisonment without parole for this heinous crime. However, the U.S. Attorney doggedly pushed to have him turned over to federal custody (because the crime involved a bank) where he could be punished with the death penalty. Rhode Island’s governor, Lincoln Chafee, a staunch opponent of capital punishment, refused to turn over Pleau, but a federal appeals court recently ordered him to do so. On Monday, it was announced that the U.S. Government would indeed bring Pleau to trial and seek death.

An Innocent Man’s Tortured Days on Texas’s Death Row

By Anthony Graves, who spent years in solitary confinement on Texas’ death row before being proven innocent in 2010. Yesterday he testified about the experience at a Senate subcommittee hearing on solitary confinement. His website is www.anthonybelieves.com.

On November 1, 1994, I heard the gavel fall and the judge announce, “Anthony Graves, I hereby sentence you to death by lethal injection.” The jury had already convicted me of murdering six people and burning down their house down to cover up the crime. I was completely innocent: they had the wrong guy. I was scared of dying for a crime I did not commit, but I believed in my innocence and hoped someone, somewhere would make it right.

Spared From a Death Sentence Based On Falsehoods

By Rachel Myers, ACLU at 5:52pm

An almost-certainly innocent man was spared from death at the hands of the state of Texas yesterday when the highest criminal court in Texas threw out the death sentence of ACLU client Manuel Velez, ruling it was based on the false testimony of a state expert.

Velez was awaiting execution after the state’s expert witness falsely told the sentencing jury that, if sentenced to life without parole instead of death, Velez would be permitted lenient prison conditions and thereby pose a greater threat of danger to the public.

Historic Racial Justice Act Faces Repeal

By Sarah Preston, ACLU of North Carolina at 12:02pm

This week, rather than acknowledge a growing mountain of evidence of racial bias in death penalty proceedings, especially in the selection of capital juries, the North Carolina House of Representatives chose to essentially gut the Racial Justice Act (RJA). Senate Bill 416, the so-called “Amend Death Penalty Procedures” makes it so that a judge may not make a finding of racial bias in the system based on statistical proof – as North Carolina Superior Court Judge Greg Weeks did just a few months ago in the first-ever ruling under the RJA.

Killing the Mentally Ill

By Denny LeBoeuf, Capital Punishment Project at 4:00pm

Reading today’s editorial in the New York Times led me to ask: when will our country finally stop the execution of the severely mentally ill?

The editorial rightly praises Ohio Gov. John Kasich, who on Tuesday provided at least a temporary stay of execution for death-sentenced prisoner Abdul Awkal, who was scheduled to be killed on Wednesday. 

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.

Guilty Until Proven Innocent?

By Cassandra Stubbs, ACLU Capital Punishment Project at 6:09pm

This week, Northwestern and the University of Michigan law schools released a National Registry of Exonerations, a new database chronicling the ever-growing number of exonerees from our nation’s criminal justice system.   The database includes over 2,000 people who spent time – sometimes decades – in prison after being wrongfully convicted of serious crimes. This includes over 100 wrongfully convicted of capital murder – which means they were awaiting execution before their sentences were reversed. The Death Penalty information Center, which tracks information about the death penalty, has documented 140 cases where inmates were released from death row with evidence of their innocence.

New Proof of an Old Fear: Execution of the Innocent

By Cassandra Stubbs, ACLU Capital Punishment Project at 4:58pm

The State of Texas, long the nation's leader in executions, has now earned the dubious title of the state most likely to execute the innocent. In 2004, Texas executed Cameron Todd Willingham, despite compelling evidence that he was actually innocent of the arson which caused the death of his three small children. Now, newly assembled evidence suggests that Carlos DeLuna, executed by Texas in 1989, was also innocent. A team of researchers from Columbia Law School today released a new report about DeLuna's case, Los Tocayos Carlos: An Anatomy of a Wrongful Conviction. The full report, along with video clips and interviews about the case, are available at the Columbia Human Rights Law Review's website.