Opposing Views: NEWS: Flaws in the U.S. Judicial System Related to the Death Penalty
On May 26, the United Nations released a report by the Special Rapporteur on extrajudicial, summary or arbitrary executions, which highlights, among other things, some of the major flaws in the US judicial system related to the death penalty. The report focuses particularly on the sates of Texas and Alabama, where the research of the Special Rapporteur was concentrated.Technorati Tags: united nations, texas, alabama, death penalty, executions, wrongful convictions, capital punishment, law, crime
The report rightfully notes that the current judicial system in those two states is significantly flawed as it leaves room for the wrongful conviction and execution of innocent people, something that was confirmed even by interviews with public officials. In that respect, the author provides a detailed review of the judicial failings related to the death penalty. He notes that there are legal limitations preventing inmates from access to DNA tests once they have already been convicted.
In addition, the defense attorneys appointed to death penalty cases often receive compensation far lower than what is necessary to construct an adequate defense. Appointed counsel also frequently have continuing professional relationships with the judges before whom they appear, which can be the source of “structural disincentives for vigorous capital defense.” The access of defendants to federal habeas corpus proceedings, the report asserts, is also too limited.
At the same time, finality in death penalty cases is often granted undue emphasis at the expense of a careful examination of the potential evidence related to innocence claims. The author notes that in Alabama, “officials would rather deny (the execution of innocent people) than confront criminal justice system flaws.” Unfortunately, this is true not only in Alabama, as has become evident in the case of Troy Davis, who may soon face his fourth execution date in two years, despite the fact that the case against him was build predominantly on the testimony of nine witnesses, seven of whom have recanted their statements (and have alleged that they were coerced by authorities) since the time of Troy’s conviction.
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