Showing posts with label death penalty. Show all posts
Showing posts with label death penalty. Show all posts

2008-11-10

Waiting to Die: The Cruel Phenomenon of "Death Row Syndrome"

By Michael J. Carter, IPS News. Posted November 7, 2008.

As prisoners across the country spend decades awaiting execution, the psychological effects are devastating.

SEATTLE, Washington, Nov 4 (IPS) — The length of time convicted murderers wait for their execution is steadily rising in the U.S., raising concerns that more will suffer from the mental illness known as "death row syndrome.”

The United States' 3,300 death row inmates can now expect to wait an average of 12 years from the day of their sentencing to death by lethal injection or electric chair, a doubling of the time gap in the mid-1980s, according to the U.S. Bureau of Justice.

This increase is mainly due to mandatory appeals introduced after capital punishment was reinstated by the Supreme Court in 1976 after a four-year suspension. These reforms have led to lengthier appeals, according to the Washington-based Death Penalty Information Center.

The 667 death row inmates in California can expect to wait nearly 20 years.

California's last execution was in January 2006. A month later, a judge halted the execution of Michael Morales, already on death row for 25 years, calling for measures to ensure no unnecessary pain during a state killing. The temporary moratorium put in place then has not yet been lifted.

In other death penalty states, inmates have also sometimes waited a quarter of a century or more to know the date of their execution, reprieve or exoneration.

On Sept. 16, Jack Alderman was executed in Georgia for killing his wife in 1974 after spending 33 years on death row.

In April, Renardo Knight had spent nearly 25 years on death row before his conviction was reversed due to evidence tampering.

Last year, Carey Dean Moore was moved from Nebraska's death row after waiting 27 years for the electric chair. The state's Supreme Court ruled this method of execution -- the only one on its statute books -- was unconstitutional.

Typically, death row inmates wait out the years for their punishment alone in solitary confinement, spending 23 hours a day in their cells. They are excluded from prison training and recreation programs. Visits and exercise privileges are restricted.

A few states, such as North Carolina, California and Georgia, allow varying levels of communication between death row inmates.

"There is a distinct syndrome associated with solitary confinement," Stuart Grassian, a psychiatrist and former professor at the Harvard Medical School of Psychiatry, told IPS.

In published research he has found that in the most sever cases this can lead to "agitation", "psychotic" and "self-destructive" behavior.

The healthy "often" became mental ill. There was a "severe" deterioration in the condition of those already mentally sick.

Grassian said the long appeals process of the condemned was "most worrisome".

"There is an enormous agony in endlessly, and helplessly, waiting while others decide whether you live or die.

"Generally, over time, the inmate learns he cannot afford to actually befriend his fellows; they keep disappearing into the death chamber. The horror of all that, the endless tedium and tension, often proves unbearable."

Rights activists say an illustration of the mental damage being done is seen in the case of Raymond Riles, on the Texas death row for the past 33 years. No execution date has been set because he suffers from delusions and paranoia. But in 1975, there were no mental health barriers in the way of his sentencing.

They also suggest "death row syndrome" may have played a role in the decision of 131 death row inmates since 1976 abandoning their appeals and "volunteering" for a quick execution.

"Many inmates in these circumstances cannot stand it any longer, fire their attorneys, drop their appeals, and hence "volunteer" for execution, said Grassian.

Seventy-five percent of these "volunteers" had a history of mental illness, according to John Blume, professor of law at Cornell University.

Rights activists have also raised concerns at the difficulties inmates with "death row syndrome" may face when their appeals succeed and they are given a lesser sentence and transferred to cells in the general prison. Only Missouri does not segregate death row inmates from the rest of the prison population.

The problems of adaptation and regaining their mental health may be more acute when they are exonerated and leave prison. So far this year, four death row inmates have been exonerated, bringing to 130 the number since 1973.

Experts question the reasoning behind the austere, often mentally damaging conditions on death row.

"The rational is that these inmates have nothing to lose and therefore they are potentially the greatest security risk," Grassian said.

But it had been proven that they were "less violent and disruptive than many other groups".

Ronald Tabak, a New York-based lawyer experienced in capital punishment issues, agreed.

"They tend to be less dangerous than other prisoners," he told IPS, adding: "There is no public sympathy for those who are sentenced to death."

Despite the growing debate about the "death row syndrome", the Supreme Court has yet to hear a case on the issue.

But two justices -- Stephen Breyer and John Paul Stevens -- have questioned the constitutionality of the long delays between conviction and the carrying out of executions.

The issue was "an important undecided one", Breyer said in 1995 during a ruling on the case of Clarence Allen Lackey. Lackey, who was executed in 1997, served almost 20 years on death row before his sentence was carried out.

So far this year, there have been 30 executions in the U.S., the most recent in Texas on Oct. 30.

2008-10-16

The Death Sentence of Troy Davis

A Supreme Injustice

By ALAN MAASS

The U.S. Supreme Court refused to hear an appeal by death row prisoner Troy Davis, clearing the way for the state of Georgia to set a third execution date in the coming weeks.

It was another painful blow for Troy, an innocent man who has spent nearly 20 years facing the threat of execution for a crime he didn't commit. He has evidence that points to his innocence which has never been heard by a jury--yet one court after another, citing laws that sharply restrict what prisoners can raise during appeals, has turned down his pleas to listen to the truth.

CBS News legal analyst Andrew Cohen called the decision the "gruesome but inevitable conclusion" of a "decades-long, law-and-order-fueled trend toward restricting appellate avenues in criminal cases."

The obvious injustices in this case have moved people around the country and across the world.

Troy is Black, and he is accused of killing a white police officer, Mark MacPhail, in Savannah, Ga., in 1989. There is no physical evidence linking him to the crime--no murder weapon, no fingerprints or DNA, no tests showing gunpowder residue.

Troy was convicted entirely because of eyewitness testimony. But seven of the nine witnesses who testified against Troy have since recanted, with many saying they were coerced by police who were frantic to pin the murder of a fellow officer on someone. Of the two witnesses who stick to their stories, one at first couldn't identify Davis for police, and the other, Sylvester Coles, was initially the cops' prime suspect. In the years since, five people have come forward to say they heard Coles admit he killed MacPhail.

The unreliability of eyewitness testimony is one of the sordid secrets of the justice system. According to a 2007 study of 200 cases in which people were freed from prison after DNA evidence proved them innocent, erroneous eyewitness identifications were the leading cause of the wrongful convictions in 79 percent of cases.

But the courts won't even consider this question. When the Georgia Supreme Court rejected Troy's appeal by a 4-3 vote earlier this year, the judges wrote that recanted testimony shouldn't be reconsidered unless there was "no doubt of any kind" that the testimony at the original trial was "purest fabrication." That standard can't be met short of ironclad evidence proving a witness couldn't have seen what they claimed to.

By refusing to hear the same appeal, the U.S. Supreme Court put its stamp of approval on this twisted Georgia ruling--and on the series of laws that prevent prisoners from ever raising new evidence of innocence, however compelling.

"The highly politicized, step-by-step closing of the courthouse doors to appeals like this--the intentional restriction of meaningful appeals rights--may send an innocent man to his death," wrote CBS News' Cohen.

* * *

THROUGH IT all, authorities at every level have seemed intent on causing Troy and his supporters as much mental and emotional anguish as possible.

When he faced his first execution date in July 2007, Troy came within 24 hours of being put to death before the state Board of Pardons and Paroles granted a stay. When a second execution date was set for late last month, the parole board heard more witnesses in the case--then declined Troy's petition without any deliberations.

That time, Troy came within two hours of dying--before the U.S. Supreme Court stepped in with a stay. Yet the justices gave no clue how or when they would decide the case, putting off a private discussion of the case and saying nothing during several days when word of their decision was expected.

When the court finally announced it wouldn't take up Troy's case, the justices gave no explanation whatsoever.

But the facts of this case demand an explanation. How can anyone read Troy's appeal and not conclude that there should be at least a hearing into the evidence of his innocence?

"I'm truly disgusted by these people," said Martina Correia, Troy's sister and a tireless advocate for him. "I don't even know what to say. I wonder why I'm still a U.S. citizen sometimes." Martina said that when she told Troy of the Supreme Court decision, "He said, 'It doesn't make any sense. What do I have to do?'"

Martina and Troy's other supporters are determined to keep protesting--"until we can't fight any more," Martina said. Activists with the Campaign to End the Death Penalty in Washington, D.C., have called a demonstration for October 18 outside the U.S. Supreme Court building. Amnesty International has renewed its campaign to flood the Georgia parole board with calls.

If the state of Georgia kills Troy Davis, it will be the cold-blooded murder of a man who says he can prove his innocence--aided and abetted by the nine most powerful people in the American legal system.

Alan Maass is the editor of the Socialist Worker. He can be reached at: alanmaass@sbcglobal.net

What you can do

Demonstrate on October 18 in Washington, D.C., against the Supreme Court’s refusal to hear Troy’s case. Gather on the steps of the Supreme Court building at 2 p.m. E-mail mikestark2003@yahoo.com for information.

Amnesty International is asking people to e-mail or fax the Georgia Board of Pardons and Paroles through Amnesty's Troy Davis Online Action Center. You can also write a letter to the editor asking the Board of Pardons and Paroles to stop Troy's execution.

Find out more about Troy's case at the Troy Anthony Davis Web site.

Marlene Martin's "Anatomy of a frameup," [5] published in the new issue of the International Socialist Review, documents the long history of injustices in Troy's case. Troy's sister, Martina Correia, was interviewed in the New Abolitionist, newsletter of the Campaign to End the Death Penalty, in an article titled "The fight for my brother Troy." [6]

For more information about the fight against the death penalty nationwide, visit the Web site of the Campaign to End the Death Penalty [7].

2008-10-12

Innocence Project working on first cases in Iowa

By Editor
Oct 9, 2008, 08:37

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Innocence Project working on first cases in Iowa

IOWA CITY The ultimate mission is to exonerate the man on death row wrongly convicted of murdering a 10-year-old. But finding his innocence may also lead to the real killer.

And while Iowa law has no death penalty, the nationwide Innocence Project known for investigating death row cases for instances in which the wrong person was convicted is looking at cases in Iowa.

Brian Ferrell, a Cedar Rapids lawyer and the Innocence Project of Iowa board president, said people usually regard the non-profit organization as defense work, but the group shares the same goal as the prosecutor — "to convict the right person."

The organization takes on cases in which viable evidence exists of the person's innocence, Ferrell said. A defense lawyer takes on cases regardless of guilt or innocence.

"We're not interested in getting someone off on a technicality or because they believe they had a bad lawyer," Ferrell said. "They have to be truly innocent."

The Iowa chapter formed in 2007 but didn't begin researching cases until late this summer. Ferrell and a group of lawyers, professors and law students from across the state founded the chapter. Beyond exonerating the innocent, group members hope to find reforms needed in the justice system to prevent wrongful convictions and provide that education to others.

The national Innocence Project has exonerated 220 people. It was founded in 1992 by Barry Scheck and Peter Neufeld in New York. Chapters are in nearly every state but this is Iowa's first one.

Ferrell said the national project focuses on cases involving DNA testing but the Iowa chapter will accept other cases if proof of innocence exists.

The Iowa chapter has no paid staff, so from the University of Iowa College of Law and Iowa Lakes Community College in Estherville play an important research role, Ferrell said. Two or three students at a time look through court transcripts and related reports — police and medical examiners — for any evidence to support innocence.

Ferrell wouldn't reveal the two or three cases they're considering but said they were all Class A felonies.

"Only a handful of cases get the more intense evaluation," he said. "If there's nothing tangible, we can't go back into court. There has to be a legal remedy.

"The post-conviction status is where the Innocence Project comes in. There is a three-year statute of limitations on an appeal, unless no evidence was available during that time."

Two UI law students, another volunteer not in law and Ferrell met two weeks ago in Iowa City to look over court transcripts of a possible case. They compared witnesses' accounts of the what happened that day.

Rebekah Trey, 23, second-year student, said she checked whether language used by one witness was similar to that from others. "Would she use that word or say it like that? They haven't referred to it as a weapon before," Trey said.

Thad Roch, 25, also a second-year student, and Roch told Ferrell nothing "jump out" at them to raise a red flag, but they would like to look at the police reports.

Ferrell suggested they go to the community where the crime took place to look over the reports. They even joked about doing a "drive-by" of the crime scene to get a feel for where it happened.

Roch, who plans to pursue criminal law as a prosecutor or public defender, said he got involved in this for the opportunity to investigate a real case that may lead to an innocent person going free.

"When somebody is found guilty, it's not always the case," Roch said. He added that it seems like many wrongfully convicted people aren't financially well off.

Trey joined the group because she wanted to do volunteer work. She remembers hearing about the Illinois project when she was younger and that it overturned many wrongful convictions.

Worth A Look

Common causes of wrongful convictions

The most publicized cause of wrongful convictions is faulty or lack of DNA evidence. But only a fraction of criminal cases involve biological evidence for DNA testing, according to the Innocence Project.

Seven common causes of wrongful convictions

Eyewitness misidentification

Unreliable or limited science

False confessions

Forensic science fraud or misconduct

Government misconduct

Informants or snitches

Bad lawyering


More causes may exist because each case is unique. Many could include a combination of these causes or another factor, according to project research.

How the first 130 exonerations of the national project break down

101 mistaken identity

21 microscopic hair comparison matches

21 informants or snitches

35 false confessions

3 DNA inclusions at time of trial


Source: Innocence Project
http://www.gazetteonline.com/apps/pbcs.dll/article?AID=/20081009/NEWS/710099998

2008-10-10

World Day Against Death Penalty: urgent need for abolition also concerns journalists

By Editor
Oct 10, 2008, 08:35

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World Day Against Death Penalty: urgent need for abolition also concerns journalists

On the eve of the 6th World Day Against the Death Penalty tomorrow, Reporters Without Borders would like to highlight the fact that this archaic form of punishment, whose continuing use is a political and human rights outrage, is still being used against journalists and those who defend free speech.

“It would be inappropriate, when talking about the death penalty, to suggest that its use in some cases is more appalling than in others,” the press freedom organisation said. “But we want to highlight one of its pernicious aspects, which directly concerns journalists and free expression, with the aim of responding once and for all to those who still hesitate to support calls for the abolition of this irreversible punishment on the grounds that it is only used against the most horrible criminals.”

The most emblematic case today is in a country which, paradoxically, is under the surveillance of powerful parliamentary democracies - Afghanistan. Sayed Perwiz Kambakhsh, a young journalist and student, and contributor to the magazine Jahan-e Naw (“New World”), languishes in a Kabul prison cell awaiting the outcome of the interminable appeal proceedings against his conviction on a blasphemy charge.

Despite demonstrations by many fellow Afghan journalists and writers, this young man is still under the sentence of death that was issued by a court in the northern city of Mazar-i-Sharif in January 2008, at the end of a summary trial behind closed doors at which he was not defended by a lawyer.

In just one week’s time, on 17 October, he will begin his second year in detention, which in itself is an appalling punishment for someone whose only crime was to have downloaded and kept articles about the role of women in Muslim society. A medical report confirms that he has been tortured while in detention.

A similar case in Iran last year highlighted how the death penalty can be a terrifying tool for silencing dissenting voices. Adnan Hassanpour, a 26-year-old journalist in Iranian Kurdistan who wrote for the now banned weekly Asou and various foreign news media, was arrested on 25 January 2007 and imprisoned in Mahabad (Kurdistan).

After sentencing him to death twice for “subversive activities against national security,” the Iranian courts finally decided in September of this year that he could not be regarded as a “mohareb” (enemy of God) and transferred his case to a civil court in Kurdistan. This impassioned young advocate of Kurdish cultural rights is now being held in Sanandaj. He has already gone on hunger strike twice in protest against his prison conditions.

The charge of being “mohareb,” a very vaguely defined capital crime, is often used in Iran as a weapon for threatening those who might be tempted to defy the government of the day. The blogger Mojtaba Saminejad, for example, was accused in 2005 of insulting the prophets before finally being acquitted.

Iranians who campaign for the abolition of the death penalty are also liable to the target of systematic repression. The authorities have for years been venting their anger on journalist and abolitionist Emadoldin Baghi, who has often been jailed. He was last arrested on 14 October 2007 after being charged with “propaganda against the regime” and publishing secret government documents “obtained with the help of detainees held for violating the security of special establishments.”

He had just founded Guardians of the Right to Life, the first organisation to be formed in Iran with the specific aim of campaigning against the death penalty. The winner of the French republic’s human rights prize in 2005, Baghi served a three-year prison sentence from 2000 to 2003 after writing a book about a 1998 wave of murders of intellectuals and journalists, and a column for the daily Neshat defending a modern view of Islam and its relationship to the death penalty.

But the Iranian government is not giving any ground. In fact, the parliament passed an extremely harsh bill on its first reading in July that is intended to “reinforce penalties for crimes against society’s moral security.” If definitively adopted, this law would be unique in the world, making the “creation of blogs and websites that promote corruption, prostitution or apostasy” punishable by hanging or by “amputation of the right hand and left foot.”

Our concerns are not limited to the Muslim world. The Ethiopian authorities jailed the leaders of the main opposition party on charges of high treason and genocide in November 2005 after a wave of rioting and bloodshed was triggered by the announcement that Prime Minister Meles Zenawi’s party had won the parliamentary elections.

Around 20 pro-opposition newspaper publishers and editors were also jailed on the same charges. They were all eventually acquitted or pardoned in 2007, but before that, some of them were sentenced to death for what was regarded as an ethnically-motivated coup attempt.

The case of radio journalist and Black Panther Party member Mumia Abu-Jamal in the United States serves as a reminder that capital punishment still has not been abolished in the world’s biggest economy. Sentenced to death in 1982 for the fatal shooting of a policeman, Daniel Faulkner - which he denies doing - Abu-Jamal has spent 26 years on death row. A Philadelphia federal appeal court commuted the sentence in March of this year to life imprisonment. The prosecution could still appeal.



Reporters Without Borders defends imprisoned journalists and press freedom throughout the world. It has nine national sections (Austria, Belgium, Canada, France, Germany, Italy, Spain, Sweden and Switzerland). It has representatives in Bangkok, London, New York, Tokyo and Washington. And it has more than 120 correspondents worldwide.

© Reporters Without Borders 2008

http://www.rsf.org/article.php3?id_article=28872