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The Death Penalty in 2000:
Year End Report
Death Penalty Information Center
December 2000
A Watershed Year of Change
New Revelations About Death Penalty Reverse Years of Division
The year 2000 was perhaps the most significant single year
affecting death penalty opinion in United States history.
A broad change
in the way the American public views capital punishment was
precipitated by a steady sequence of eye-opening events, including
releases from death row, reports on the unfairness of the process,
and governmental action to limit or halt the death penalty.
Former supporters of the death penalty joined long-time critics in
raising concerns about the accuracy and fairness of capital
punishment in America. More
conservative voices, such as those of Rev. Pat Robertson, Oliver
North, new Congressman Tom Osborne of Nebraska, columnist George
Will, and others voiced strong criticisms of the death penalty.
The risk of taking innocent lives and the gross inequities
in the way the death penalty is applied have led to a new consensus
that the system is seriously broken.
Executions
Executions in 2000 declined 13% from the previous year, but still
remained high at 85, the second highest number since the death
penalty was reinstated in 1976.
A closer look at these executions shows that almost 90%
occurred in the South. Only
3 states (Arizona, California and Missouri) outside of the South
conducted an execution this year.
Texas, alone, with 40 executions, accounted for almost as
many executions as all the rest of the states combined.
But the larger story is the
reversal of years of pressure to speed up executions. From the declaration of a moratorium on all executions in
Illinois by a pro-death penalty Republican governor, to the
intervention by the Clinton administration to stop the first
federal execution in almost forty years, this has been a year in
which skepticism about the death penalty process has grown
considerably.
Governor Validates Death
Penalty Concerns
In Illinois, the 13th exoneration of a death row inmate during the
same period that the state had executed 12 people became the
incentive for Governor George Ryan to announce in January:
"[U]ntil I can be sure with moral certainty that no innocent
man or woman is facing a lethal injection, no one will meet that
fate." (Chicago Tribune, 2/1/00).
Gov. Ryan appointed a blue-ribbon commission to investigate
why so many errors were being made in capital cases, and
specifically allowed for the possibility that the death penalty
will be abandoned altogether.
Governor Ryan's action was followed swiftly in February by the
introduction in Congress of a broad bill to address serious
problems in the handling of death penalty cases.
Senator Patrick Leahy (D-VT), along with Republican and
Democratic co-sponsors in the Senate and House, called for the
passage of The Innocence Protection Act to ensure access to DNA
testing and better representation for defendants facing the death
penalty.
Public Opinion
Also in February, the Gallup Poll revealed that public support for the
death penalty had dropped to its lowest level in 19 years.
Support dropped 14 percentage points from its high in 1994
to a level of 66%. Support
declined even further when respondents were allowed to choose life
without parole as an alternative sentence. The Poll found that 65%
of Americans agree that a poor person is more likely than a person
of average or above average income to receive the death penalty. (Gallup
Poll, February 8-9, 2000)
Other polls throughout the year confirmed the shift in public
support:
64% of Americans support a moratorium on executions until issues of
fairness in capital punishment can be resolved
89% support providing access to DNA evidence in capital cases
83% support providing qualified, experienced attorneys in capital cases
(Peter Hart Research and
American Viewpoint, 9/14/00)
A Harris Poll found that support for the death penalty dropped to 64%
this year, down from 75% in 1997 and 71% in 1999. The poll also found that 94% believed that some innocent
people have been convicted of murder. (8/2/00)
A CNN/USA Today/Gallup Poll shows that only a slim majority (51%) of
Americans believe the death penalty is applied fairly.
In addition, 80% believe an innocent person has been
executed in the United States in the past five years, and 46%
believe that an innocent person has been executed in Texas during
George W. Bush's tenure as governor. (6/30/00)
According to an ABCNEWS.com telephone survey, support for the death
penalty is dropping. Support has fallen from a high of 77% in a
1996 poll to 64% now. Support
drops even further, to below 50%, when the alternative punishment
of life in prison without parole is offered. (1/19/00)
A Broken System
In
June, the most comprehensive review of modern death sentencing was
published by researchers at the Columbia University Law School.
The study, "A Broken System: Error Rates in Capital
Cases, 1973-1995," examined every completed death penalty
appeal over a 23 year period.
This was not a study about innocence, but about the process
which has led to 682 executions and an expanding death row of 3,703
people. The study
asked: How carefully were the original trials conducted, and can we
have confidence in their results?
The answer according to the study's author, Professor James Liebman, is
that the great majority of these trials were conducted in violation
of basic due process, and that we can have little confidence that
all of the mistakes were caught in the often hit-and-miss appeals
process. In 68% of all
completed cases, a reviewing court found serious error requiring
the death sentence or underlying conviction to be overturned,
necessitating a re-trial. From
a sample of the cases that were retried after correcting for the
errors, the death penalty was widely repudiated: 82% of the
defendants did not receive the death penalty and 7% were completely
exonerated. Such a
system was rightly called "broken."
Other reports were equally powerful in exposing the flaws of the death
penalty system. The
book Actual Innocence, by Barry Scheck, Peter Neufeld and James
Dwyer, showed the power of DNA in reversing convictions that had
been thought to be ironclad. Reports
on the death penalty in Texas by the Chicago Tribune and the Texas
Defender Service revealed critical problems in the country's
leading execution state. Other
investigations in six states (Arizona, Maryland, North Carolina,
Illinois, Indiana, and Nebraska) and on the federal level are in
progress may reveal problems prompting calls for a halt to
executions or for further reprieves.
Prof. James Liebman
Particular Problem Areas
Executions of juvenile offenders and defendants with mental retardation
continued in 2000, especially in Texas, despite worldwide protests.
Four defendants who were under 18 at the time of their crime
were executed this year. The
European Union, the American Bar Association, the American
Association on Mental Retardation, and other human rights
organizations made their strong objections to some of these
executions known. At the 11th hour, the U.S. Supreme Court did halt
the execution of John Paul Penry, a mentally retarded man from
Texas. The Court will
decide his case later in 2001.
The United States was sued in the International Court of
Justice by Germany for the execution of two of its citizens in
Arizona who were not informed of their rights under the Vienna
Convention.
Race and Executions
The racial breakdown of the 85 cases resulting in execution this year is
as follows:
Defendants
White -
43 (51%)
Black -
34 (40%)
Latino -
6 (7%)
Nat. Amer. - 2 (2%)
Victims
in the underlying murder
White - 87
(76%)
Black - 21
(18%)
Latino -
2 (
2%)
Other -
4 (
3%)
The race of victim numbers show a continuing trend since the death
penalty was reinstated of predominance of white victim cases.
Despite the fact that nationally whites and blacks are
victims of murder in approximately equal numbers, 83% of the
victims in cases resulting in executions overall, and 76% this year,
have been white. Since
this disparity is confirmed in studies which control for similar
crimes by defendants with similar backgrounds, it implies that
white victims are considered more valuable in the criminal justice
system.
The problems of race and the death penalty were reinforced in a study by
the U.S. Department of Justice concerning the federal death
penalty. Released in
September, the study found that 80% of the cases submitted for
federal death penalty prosecution involved minority defendants, and
that 80% of the resultant federal death row was also made up of
minority defendants. In
addition, the study highlighted the fact that a few regions of the
country were responsible for a disproportionately high number of
federal cases, while other major areas produced none.
Major Developments
There were many prominent events involving the death penalty this past
year. Among them were:
�� 2000 ��
� January On
January 31, Illinois Governor George Ryan declared a moratorium on
executions, pending an investigation into the state's capital
punishment system. Governor Ryan's moratorium received praise from
President Clinton and leaders around the country, who urged other
state governors to examine their death penalty systems.
� January-March
Eighth Amendment challenges to electrocution as a method of
execution led to changes in Florida and Georgia.
In January, as the U.S. Supreme Court considered hearing
arguments regarding the constitutionality of Florida's electric
chair, the state switched its primary method of execution to lethal
injection, rendering the case moot.
Alabama and Nebraska remain the only states that use
electrocution as their sole method of execution.
During Florida's special legislative session, they also
attempted to severely cut the appeals process for capital cases,
but that bill was declared unconstitutional by the Florida Supreme
Court.
� February A
Gallup Poll was released that found the percentage of support for
the death penalty in America has been gradually decreasing and is
now at 66%, its lowest level in 19 years.
This decline in support was mirrored in other recent polls
in such states as Illinois, Minnesota, Kentucky, North Carolina,
and New Jersey. As
support for the death penalty has dropped, and the nation has
become more aware of the problems associated with capital
punishment, an increasing number of abolition, moratorium, and
death penalty reform bills have been introduced throughout the
nation.
On February 11, Senator Patrick Leahy introduced the Innocence
Protection Act of 2000 in the U.S. Congress, a bill that would
allow DNA testing for all inmates and improve the system of
representation for those facing the death penalty.
Other provisions include compensation for wrongly convicted
inmates released from death row, and the obligation to instruct
jurors of the possible sentencing option of life without parole,
where applicable. The bill was re-introduced on June 11, with Republican and
Democratic co-sponsorship.
� March-May
In March, the New Hampshire House of Representatives passed
a bill to abolish the death penalty.
In May, the New Hampshire Senate also passed the bill.
Although the conservative New Hampshire legislature became
the first in over 20 years to vote to repeal the death penalty, the
bill was vetoed by Democratic Governor Jeanne Shaheen.
� May On
May 11, the creation of the National Committee to Prevent Wrongful
Executions was announced. The
group is comprised of Republicans and Democrats, both for and
against the death penalty, who share a common concern that innocent
people are at risk of execution because of failures in the legal
system. Among its members are William Broaddus (the former Attorney
General of Virginia), Beth Wilkinson (one of the chief prosecutors
from the Oklahoma City bombing case), and Abner Mikva (former Chief
Justice of the U.S. Court of Appeals for the D.C. Circuit).
The group, co-chaired by former Florida Supreme Court
Justice Gerald Kogan, will investigate current criminal justice
practices and procedures, as well as cases of wrongful convictions
in capital cases from around the country.
� June
On June 12, Professor James Liebman of Columbia University
Law School released a comprehensive study of the death penalty
reporting that courts found serious mistakes in 2/3 of all capital
cases. The study found that the most common errors were incompetent
representation by defense attorneys and prosecutorial misconduct.
Veteran political journalist David Broder of the Washington
Post cited the Liebman study as one of the outstanding pieces of
social research that decisively affect the course of the policy
debate.
On June 23, Gary Graham was executed in Texas, despite vociferous claims
that he was innocent. Graham
was 17 when he was charged with the 1981 robbery and shooting
outside a Houston supermarket.
He was convicted primarily on the testimony of one witness,
who said she saw the killer's face for a few seconds through her
car windshield, from a distance of 30-40 feet.
Two other witnesses who said Graham was not the killer were
not interviewed by Graham's court appointed attorney.
� July
On July 11, the American Bar Association's new President,
Martha Barnett, urged the legal profession to support a moratorium
on executions. "I
am putting together a call for action," said Barnett, asking
the nation's lawyers to support the ABA's 1997 resolution calling
for the suspension of the death penalty.
She also cited racial bias, and the execution of the
mentally retarded and juvenile offenders as problems associated
with capital punishment. (NY
Times, 7/11/00)
� September On
September 12, a review of the federal death penalty by the United
States Department of Justice found numerous racial and geographic
disparities. The report revealed that 80% of the cases submitted by
federal prosecutors for death penalty review in the past five years
have involved racial minorities as defendants.
In more than half of those cases, the defendant was
African-American. Attorney
General Janet Reno said she was "sorely troubled" by the
results of the report and has ordered United States Attorneys to
help explain the racial and ethnic disparities.
The report also found that 40% of the 682 cases sent to the Justice
Department for approval to seek the death penalty were filed by
only five jurisdictions. (NY Times, 9/12,13/00)
In response to the release of the Justice Department's report, Senator
Russ Feingold introduced the Federal Death Penalty Moratorium Act
of 2000. The bill
would impose a moratorium on federal executions pending a review of
the federal death penalty system.
� October
When DNA tests confirmed his innocence after 17 years in
prison, including 9 years on death row, Earl Washington was granted
an absolute pardon by Virginia Governor Jim Gilmore for the 1982
rape and murder of a Culpeper County woman.
Washington, who suffers from mental retardation, was cleared
when DNA tests showed that he did not rape the victim.
Washington's exoneration
marks the first time in Virginia that an innocent death row inmate
has been cleared, and is the 88th in the nation since the death
penalty was reinstated. Washington
was the 9th inmate to be exonerated of a capital crime based on DNA
testing.
On October 20, William Nieves was freed from death row when a
Philadelphia jury acquitted him of a 1992 murder. Nieves was convicted in 1994, but maintained his innocence.
In 1997, the Pennsylvania Supreme Court held that Nieves was
inadequately represented at his first trial and granted him a new
trial. Nieves was the
89th person freed from death row since 1973, and the 5th in 2000.
� November Just
hours before his execution on November 22nd, North Carolina death
row inmate Marcus Carter had his sentence commuted to life in
prison without parole by Governor Jim Hunt.
Hunt stated that he would not allow the execution to go
forward, citing questions about the fairness of Carter's trial.
This was the second commutation of a death sentence in 2000.
Earlier in the year, Governor Parris Glendening of Maryland
commuted the death sentence of Eugene Colvin-el to life without
parole.
On November 27, the U.S. Supreme Court agreed to hear an appeal by
Texas death row inmate John Paul Penry, whose execution had been
stayed by the Court on November 16.
Penry's case is synonymous with the debate about executing
defendants with mental retardation, and the Court said it will use
the case to clarify how much opportunity jurors in death penalty
cases must have to consider the defendant's mental capacity. Penry's
I.Q. has been tested between 50 and 63, and he has the mental
abilities of a six-year old.
� December
Citing the findings of a Justice Department study showing
racial and geographic disparities in the federal death penalty,
President Clinton granted a six month reprieve to Juan Raul Garza,
who was scheduled to be executed on December 12.
"I am not satisfied that, given the uncertainty that
exists, it is appropriate to go forward with an execution in a case
that may implicate the very issues at the center of the uncertainty,"
said President Clinton. (NY Times, 12/8/00)
Considerable opposition to the execution had been expressed
by major civil rights leaders, religious organizations, and legal
experts from around the country.
Texas set the record for
the most executions by a single state in a year when it executed
its 40th inmate in 2000. Twenty-four
out of the 38 death penalty states had no executions this year.
Another death row inmate, Frank Lee Smith, was exonerated in
December after DNA testing, but Smith died on death row of cancer
before he was cleared. Smith
spent 14 years on death row and came close to execution.
Florida has had 20 death row inmates exonerated since 1973,
50% more than in Illinois, which has imposed a moratorium on all
executions. This was
the 90th exoneration of a death row inmate and the 6th this year.
Finally, and fittingly, the Secretary General of the United
Nations, Kofi Annan, issued a call for a worldwide moratorium on
the death penalty on December 18 after receiving a petition signed
by 3.2 million people seeking an end to executions.
"The forfeiture of life is too absolute, too
irreversible," he said, "for one human being to inflict
it on another, even when backed by legal process.
And I believe that future generations, throughout the world,
will come to agree." (Wash. Post, 12/19/00)
Conclusion
The year 2000 produced a series of developments that dramatically
shifted the public's attitude about the death penalty.
Less than a decade ago politicians were calling for speedier
executions and a broader use of the death penalty, but today they
are responding to a public demand for greater assurances that the
death penalty be administered accurately and fairly, if it is to
continue at all.
The often polarized debate about the death penalty has moved from a
conservative versus liberal divide to one in which greater numbers
are troubled by the increasingly disturbing reports about capital
punishment in the U.S. Innocent
people being discovered on death row, the excessive zeal in which
some capital cases have been pursued despite countervailing
evidence, and the unfairness of a punishment which seems to be
decided, or at least influenced, by race, by geography or by the
lottery of being assigned an ineffective attorney, have led to a
conclusion that the system is broken.
Next year, states will be considering a variety of proposals for
reform, for further study, for halting executions, and even for
abolishing the death penalty altogether.
The public's tolerance for risking innocent lives in order
to preserve the death penalty has greatly diminished.
The international community has for some time been calling
upon the U.S. to live up to its commitment to human rights by
confronting the injustices of the death penalty.
Now national religious leaders, civil rights organizations,
and legal experts are joining with former proponents of capital
punishment to call for a radical re-thinking of executions as a
legitimate form of punishment in the U.S.
Source: Death Penalty Information Center
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http://www.deathpenaltyinfo.org
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