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.
This Sunday marks the 25th anniversary of the Supreme Court's decision that a defendant cannot rely upon statistical evidence of racial bias to prove his death sentence unconstitutional.
By Brian Stull, ACLU Capital Punishment Project at 2:47pm
In Day 3 of the Velez hearing in Brownsville, Texas, I want to take a moment to explain the legal context – the rule of constitutional law – that will entitle Manuel Velez to relief if the judge, the Hon. Elia Cornejo Lopez, credits the facts presented.
The legal journey starts 50 years back with the U.S. Supreme Court’s landmark ruling in Gideon v. Wainwright. There, the court held that the Constitution entitles poor people facing possible imprisonment counsel appointed at the state’s expense. In later decisions, the court clarified that a poor person’s right to appointed counsel is a right to effective counsel.
Congress is back in session, so we've got a busy week ahead.
Today, the ACLU, along with several other groups, is launching a weeklong campaign called "Stop Cyber Spying Week" to draw attention to the massive civil liberties problems in H.R. 3523, the Cyber Intelligence Sharing and Protection Act of 2011, better known as CISPA. CISPA is scheduled to be voted on by the House of Representatives next week. Tomorrow ACLU Legislative Counsel Michelle Richardson will speak at a House Hill Briefing called "The False Choice: Cybersecurity vs. Civil Liberties."
By Brian Stull, ACLU Capital Punishment Project at 12:02pm
Yesterday was the final day of the hearing in Brownsville, Texas, for ACLU client and former death-row prisoner Manuel Velez. Judge Elia Cornejo Lopez heard summations, requested the parties to prepare proposed findings for her consideration, and announced that a decision would come at a later date.
By Brian Stull, ACLU Capital Punishment Project at 11:22am
We’re in day 2 of the Manuel Velez innocence hearing in Brownsville, Texas. As we’ve previously explained, this case posed a dilemma because two adults were in a Brownsville home on Halloween 2005 when 11-month- old Angel Moreno was taken to the hospital unable to breathe. Both adults, Manuel Velez and Acela Moreno, the boy’s mother, pointed the finger at one another as the perpetrator. But no witness, physical, forensic, or other evidence suggests Manuel ever hurt this or any other child.
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."
