Blog of Rights

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.

Rhode Island's Rightful Stand Against the Federal Government

By Brian Stull, ACLU Capital Punishment Project at 2:44pm

Last week, the Rhode Island ACLU announced its disappointment with a federal circuit court's decision overturning Gov. Lincoln Chafee's efforts to prevent the institution of federal death penalty charges against Jason Wayne Pleau, whom Rhode Island was already prosecuting in state court. We join that sentiment here.

Pleau has been charged with the robbery and murder of a gas station manager who was making a bank deposit. Rhode Island, like every other state, has laws designating these crimes as murder and robbery, courts in which to prosecute the crimes and prosecutors and defense attorneys ready to work the case. But because the victim was making a bank deposit, and bank robberies violate federal criminal statutes, the crime could also theoretically be prosecuted in federal court.

Breaking the Addiction to Incarceration: Weekly Highlights

By Alex Stamm, ACLU Center for Justice at 2:34pm

Today, the U.S. has the highest incarceration rate of any country in the world. With over 2.3 million men and women living behind bars, our imprisonment rate is the highest it’s ever been in U.S. history. And yet, our criminal justice system has failed on every count: public safety, fairness and cost-effectiveness. Across the country, the criminal justice reform conversation is heating up. Each week, we feature our some of the most exciting and relevant news in overincarceration discourse that we’ve spotted from the previous week. Check back weekly for our top picks.

CT Ends Death Penalty! One Big Step for a Small State; One Giant Step for our Society

By Tanya Greene, Advocacy and Policy Counsel, ACLU at 2:36pm

Connecticut has finally wiped its hands of that messy and sorrowful task of killing its own citizens. Today, Gov. Dannel P. Malloy signed legislation to repeal the death penalty that was passed by the state legislature earlier this month.

After a series of starts, stops, hurry up and wait, promises, threats, votes and vetoes over recent years, Connecticut stepped surely onto the abolition train and prospectively repealed the death penalty once and for all. The 11 men on death row before the bill's passage will remain there and continue to face execution, but thankfully no one else will. We applaud the brave legislators who heard the pleas of scores of Connecticut murder victim families who called for repeal and nonviolent healing, of law enforcement officials who recognize the death penalty is the least effective tool against violence, of conservatives and progressives alike who have concern about its discriminatory use and huge expense, and of religious leaders of all faiths who insist state-sponsored murder cannot be justified.

A Personal Reflection on McCleskey v. Kemp

By Diann Rust-Tierney

April 22 marked the 25th anniversary of the Supreme Court decision in McCleskey v. Kemp, in which the Court ruled that a defendant cannot rely upon statistical evidence of systemic racial bias to prove his death sentence unconstitutional, no matter how strong that evidence may be. McCleskey has been roundly condemned as a low point in the quest for equality that begs to be revisited. To mark the occasion, last week the ACLU Blog of Rights  featured a new post about McCleskey and its legacy. You can read all the posts here, and visit mccleskeyvkemp.com to learn more.

Breaking the Addiction to Incarceration: Weekly Highlights

By Alex Stamm, ACLU Center for Justice at 5:33pm

Today, the U.S. has the highest incarceration rate of any country in the world. With over 2.3 million men and women living behind bars, our imprisonment rate is the highest it's ever been in U.S. history. And yet, our criminal justice system has failed on every count: public safety, fairness and cost-effectiveness. Across the country, the criminal justice reform conversation is heating up. Each week, we feature our some of the most exciting and relevant news in overincarceration discourse that we've spotted from the previous week. Check back weekly for our top picks.

25 Years After McCleskey, Looking Forward to Legislative Fixes of Supreme Court Error

By Tanya Greene, Advocacy and Policy Counsel, ACLU at 9:54am

April 22 marks the 25th anniversary of the Supreme Court decision in McCleskey v. Kemp, in which the Court ruled that a defendant cannot rely upon statistical evidence of systemic racial bias to prove his death sentence unconstitutional, no matter how strong that evidence may be. McCleskey has been roundly condemned as a low point in the quest for equality that begs to be revisited. To mark the occasion, every day this week the ACLU Blog of Rights will feature a new post about McCleskey and its legacy. You can read all the posts here, and visit mccleskeyvkemp.com to learn more.

The U.S. Death Penalty — An International Human Rights Wrong?

By Avinash Samarth, ACLU National Security Project at 9:51am

In 2011, the top five executioners were China, Saudi Arabia, Iraq, Iran and the United States. This is not the company we want to keep.

VICTORY! North Carolina Judge Finds Intentional Racial Discrimination in Death Penalty System

By Cassandra Stubbs, ACLU Capital Punishment Project at 11:10am

Marcus Robinson will not be executed by the State of North Carolina but will instead spend the rest of his life in prison.