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Court Upholds Death Penalty for Child Molestation
On May 22, 2007, the Louisiana Supreme Court upheld the death sentence of Patrick Kennedy for allegedly sexually assaulting an 8-year-old girl in 2003. Louisiana authorizes the death penalty for aggravated rape of someone less than 12 years old. Although a few other states have the death penalty for child molestation, Louisiana is the only state that has sentenced a person to death for this offense. Many victims rights' groups, national child advocacy organizations and prosecutors oppose this radical expansion of the use of capital punishment. Read more >> (Off-site Link) Florida to Explore Modifications to Lethal Injection
Gov. Jeb Bush of Florida has established a commission to explore modifications to Florida's lethal injection protocols following the botched execution of Angel Diaz on December 13, 2006. The governor's order imposes a moratorium on all new death penalty warrants until after the commission's final recommendations have been submitted and revisions to the Department of Corrections protocols have been revised.
Read Gov. Bush's executive order >> (Off-site Link)
Unnecessary
Pain Inflicted on Angel Diaz During Lethal Injection
A
death row inmate who had argued that Florida's execution procedures were cruel
hung on for much longer than usual after his lethal injection Wednesday evening,
once again calling into question the way the state kills condemned prisoners.
Read
more >> (Off-site Link)
China's Highest Court Will Reportedly Change Its Death Penalty Law
On October 31, 2006, the Associated Press reported that China's highest court will start reviewing all capital punishment cases that result in death sentences. Human rights activists expressed hope the country will reduce the number wrongly convicted people being executed by arbitrarily imposed death sentences imposed by lower courts. To date, there has been no debate about abolishing capital punishment in China.
Read
more >> (Off-site
Link)
No Evidence That The Death Penalty Deters: Recent Studies Deeply Flawed
Recent studies claiming to show that the death penalty deters murders are "simple not credible," according to an April 2006 article in Economist's Voice by two respected scholars, John D. Donohue or Yale Law School and Justin Wolfers of the University of Pennsylvania's Wharton School of Business. The scholars demonstrate that the data used in these studies, if analyzed properly, more likely supports the conclusion that the death penalty increases the number of murders. The scholars conclude: "On balance, the evidence suggests that the death penalty may increase the murder rate although it remains possible that the death penalty may decrease it. If capital punishment does decrease the murder rate, any decrease is likely small. In light of this evidence, is it wise to spend millions on a process with no demonstrated value that creates at least some risk of executing innocents....?" Read the article >> (Off-site Link)
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Death Penalty
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Press Releases
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ACLU Calls For Greater Accountability For Unlawful Deaths In U.S. Custody (06/30/2008) NEW YORK - The American Civil Liberties Union today urged the United States government to heed the concerns of the United Nations Special Rapporteur on Extrajudicial Executions. Special Rapporteur Philip Alston, whose mission includes reporting on alleged killings in the U.S. and overseas for which U.S. government and military officials may be responsible and the failure to prosecute and punish those responsible, announced his preliminary findings after touring the U.S. at the invitation of the U.S. government.
ACLU Welcomes U.N. Independent Expert On Extrajudicial Executions To U.S. (06/16/2008) NEW YORK – The American Civil Liberties Union today welcomed a fact-finding mission to the U.S. by the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions. Special Rapporteur Philip Alston's mission includes reporting on alleged killings in the U.S. and overseas for which U.S. government and military officials may be responsible, and the failure to prosecute and punish those responsible. The ACLU calls on the U.S., state and local governments to fully cooperate with the special rapporteur.
Supreme Court Upholds Lethal Injection in Kentucky (04/16/2008) NEW YORK – The ACLU expressed disappointment with today's 7-2 decision by the U.S. Supreme Court upholding the three drug lethal injection method of capital punishment used in Kentucky and other states.
Death Sentence Of Mentally Ill Man Reversed (03/11/2008) NASHVILLE – The Tennessee Court of Criminal Appeals has reversed the conviction and death sentence of Richard Taylor, a severely mentally ill man who has twice been forced to stand trial despite his mental illness and likely incompetence. Taylor was represented during the appeal of his conviction by the American Civil Liberties Union and Kelly Gleason, then a private attorney and now with the Office of the Tennessee Post-Conviction Defender.
Supreme Court Review of Lethal Injection Case Encouraging, Says NYCLU (01/07/2008) NEW YORK - The U.S. Supreme Court will hear oral arguments today in a case challenging the use of lethal injection to execute people. According to the New York Civil Liberties Union, the Court’s decision to take the case is an encouraging development in the campaign to abolish the death penalty in the United States.
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Death Penalty
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Publications
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The Persistent Problem of Racial Disparities in the Federal Death Penalty (06/25/2007)
Death Penalty Update: November 2004 (11/18/2004) Latest News, Upcoming Executions, Upcoming Events
August Death Penalty Update (08/10/2004) Death Penalty News, Legislative Alerts, Upcoming Executions and Events, New Resources
Death Penalty Update (07/27/2004) Death Penalty News, Legislative Alerts, Upcoming Executions and Events, New Resources
Death Penalty Calendar 2004 (07/14/2004)
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Death Penalty
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Legal Documents
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A letter of the Nevada Coalition Against the Death Penalty requesting to halt the execution of William Castillo by lethal injection (10/12/2007)
Uttecht v. Brown - ACLU Amicus Brief (03/28/2007)
ACLU Amicus Brief in Louisiana v. Langley (03/05/2007) The ACLU CPP filed this amicus brief with the Louisiana Supreme Court in State v. Langley challenging the state appellate court's radical construction of the double jeopardy clause. Under the state court's interpretation, a capital defendant acquitted of first-degree murder could be retried for first-degree, capital murder after he successfully appeals his conviction for the lesser offense, second-degree murder. This interpretation is contrary to over one hundred years of Louisiana and United States constitution double jeopardy jurisprudence.
The ACLU filed an amicus brief challenging the state appellate court's radical construction of the double jeopardy clause. It argued that the court's interpretation was contrary to over one-hundred years of Louisiana and United States constitution double jeopardy jurisprudence.
The Louisiana Supreme Court agreed, finding that "there is no basis whatsoever" for failing to apply the "longstanding" double jeopardy principles and ruling that the State could only proceed with the prosecution of the lesser offense.
Florida to Explore Modifications to Lethal Injection (12/15/2006) Gov. Jeb Bush of Florida established a commission to explore modifications to Florida's lethal injection protocols following the botched execution of Angel Diaz on December 13, 2006. The governor's order imposes a moratorium on all new death penalty warrants until after the commission's final recommendations have been submitted and revisions to the Department of Corrections protocols have been revised.
ACLU Amicus Brief in Abdur'Rahman v. Bredesen (06/09/2005)
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Death Penalty
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Legislative Documents
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ACLU Letter to the House Judiciary Committee Regarding H.R. 5040, the Death Penalty Reform Act of 2006 (03/29/2006)
ACLU Letter to House Judiciary Committee Voicing Opposition to H.R. 3060, Terrorist Death Penalty Enhancement Act of 2005 (06/30/2005)
Sign-On Letter to Senators Specter and Leahy Regarding Senate Judiciary Mark up of S. 155, The Gang Prevention And Effective Deterrence Act of 2005 (06/30/2005)
ACLU Letter to the Senate Judiciary Committee Urging Opposition to the Capital Sentencing Provisions in S. 1735, the Gang Prevention and Effective Deterrence Act of 2003 (04/28/2004)
ACLU Letter to the Senate Judiciary Committee Urging Opposition to the Capital Sentencing Provisions in S. 1735, the Gang Prevention and Effective Deterrence Act of 2003 (04/28/2004)
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Death Penalty
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Resources
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Capital Punishment in the United States (05/30/2008) Submission to the Office of the United Nations High Commissioner for Human Rights following UN General Assembly resolution 62/149 Entitled “Moratorium on the use of the death penalty” adopted in December 2007.
End the Death Penalty: Statement of John Holdridge, Director, ACLU Capital Punishment Project (06/14/2007)
Off-Site Resources for News and Information on Capital Punishment (01/25/2007)
Add the Death Penalty Counter to Your Page (11/29/2005)
2005 Death Penalty Calendar (02/16/2005)
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Death Penalty
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Supreme Court Cases
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Uttecht v. Brown (03/28/2007) Reviewing whether the state courts improperly excluded a prospective juror in a death penalty case after he indicated that future dangerousness was a relevant consideration but that he would, in any event, follow the law as instructed by the judge. DECIDED
Lawrence v. Florida (09/14/2006) Reviewing whether, and under what circumstances, the one year deadline for filing a federal habeas petition can be subject to "equitable tolling." DECIDED
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