The death penalty: The Intercept wades into capital punishment in a big way, as in this story which refers to Rodney Reed, as an example of a state rushing towards an execution despite serious concerns over innocence - and underlines "the persistent influence of junk science."..."The death penalty they say, is dying. And in many important respects, this is true. Support for capital punishment has decreased dramatically. In 1998, there were nearly 300 new death sentences imposed in the United States. In 2018, there were just 43. In the past decade alone, six states have abolished the death penalty by legislation or court order, while four more have imposed moratoriums on executions. Abolition is increasingly embraced by conservatives, who have spearheaded repeal efforts in a number of states, most recently and energetically in Wyoming. This trend is partly rooted in research that continues to expose enduring problems with the death penalty, particularly its racism, arbitrary application, and failure to deliver on claims of public safety. Such findings are significant, but they are also familiar. They mirror the very same evidence that led the U.S. Supreme Court to strike down the death penalty more than 47 years ago in its historic decision in Furman v. Georgia."

PASSAGE OF THE DAY: "Although the past few decades have ushered in significant reforms — such as improvements in the quality of capital defense, a major factor in reducing new death sentences — states continue to carry out executions in the face of serious questions about the influence of racism, mental illness, or intellectual disability; biased, shoddy, or simply incomplete police investigations; prosecutorial misconduct and woefully deficient defense lawyering; and the persistent influence of junk forensic science. The failure to grapple with these problems has high stakes. The case of Rodney Reed is only the most recent example of a state rushing toward an execution despite serious concerns over innocence. Reed’s execution date was one of a slew of executions Texas planned to carry out through early December — a group of cases that illustrate all too clearly the problems plaguing capital convictions. Scores of people have been exonerated from death row across the country, and research published by the National Academy of Sciences suggests that there are hundreds more innocent individuals facing execution. Given this landscape, there is vanishingly little doubt that innocent individuals have been put to death — including in Texas, which has executed more than 550 people since 1976, far more than any other state."

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STORY: "Counting the condemned: By any measure, capital punishment is a failed policy," by Liliana Segura and Jordan Smith (two of the  finest reporters on America's criminal justice system), published by The Intercept on December 3, 2019.

GIST: The death penalty they say,  is dying. And in many important respects, this is true. Support for capital punishment has decreased dramatically. In 1998, there were nearly 300 new death sentences imposed in the United States. In 2018, there were just 43. In the past decade alone, six states have abolished the death penalty by legislation or court order, while four more have imposed moratoriums on executions. Abolition is increasingly embraced by conservatives, who have spearheaded repeal efforts in a number of states, most recently and energetically in Wyoming. This trend is partly rooted in research that continues to expose enduring problems with the death penalty, particularly its racism, arbitrary application, and failure to deliver on claims of public safety. Such findings are significant, but they are also familiar. They mirror the very same evidence that led the U.S. Supreme Court to strike down the death penalty more than 47 years ago in its historic decision in Furman v. Georgia. Decided amid dampening support for the death penalty and a long pause on executions, Furman declared that the death penalty was arbitrarily and capriciously applied. There were clear signs of racial bias and no evidence that it worked as a deterrent. Nevertheless, the response to Furman was swift: States immediately began enacting new death penalty laws designed to pass constitutional muster. Just four years after Furman, in 1976, the court upheld a new set of statutes in Gregg v. Georgia, signaling the start of the “modern” death penalty era.  Although the past few decades have ushered in significant reforms — such as improvements in the quality of capital defense, a major factor in reducing new death sentences — states continue to carry out executions in the face of serious questions about the influence of racism, mental illness, or intellectual disability; biased, shoddy, or simply incomplete police investigations; prosecutorial misconduct and woefully deficient defense lawyering; and the persistent influence of junk forensic science. The failure to grapple with these problems has high stakes. The case of Rodney Reed is only the most recent example of a state rushing toward an execution despite serious concerns over innocence. Reed’s execution date was one of a slew of executions Texas planned to carry out through early December — a group of cases that illustrate all too clearly the problems plaguing capital convictions. Scores of people have been exonerated from death row across the country, and research published by the National Academy of Sciences suggests that there are hundreds more innocent individuals facing execution. Given this landscape, there is vanishingly little doubt that innocent individuals have been put to death — including in Texas, which has executed more than 550 people since 1976, far more than any other state."

The entire story can be read:

https://theintercept.com/2019/12/03/death-penalty-capital-punishment-data/

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;