WFSU – Death Penalty Expert: Timely Justice Act Isn’t Working As Intended

Credit Florida Department of Corrections
Florida execution chamber

A list of so-called “warrant-ready” death row inmates has been delivered to Florida Gov. Rick Scott as required by the state’s Timely Justice Act. Although the list comprises a third of all death row inmates, one capital punishment expert says they would have been eligible even without the new law. That brings the law’s efficacy into question.

As required by the law, Gov. Scott Friday received a list of 132 death row convicts. The Florida Legislature enacted the Timely Justice Act this year with sponsors saying it would cut down on frivolous appeals and move people through the capital punishment process more quickly. Protesters said it would create a flurry of new death warrants and could lead to innocent people being denied the chance to prove it. But the law does not require the governor to act more quickly.

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Washington Post – Study: Prince William, Fairfax among counties that account for majority of U.S. executions

By , Published: October 2 E-mail the writer

Two counties in Northern Virginia are among the 62 jurisdictions that prosecuted the majority of criminals executed in the United States in recent decades, according to a new study.

An analysis released Wednesday by the D.C.-based Death Penalty Information Center found that while 32 states allow for capital punishment, most jurisdictions don’t use it. Two percent of the counties in the country were responsible for 685 of 1,320 executions from 1976, when the Supreme Court reinstated the death penalty, to 2012.

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Editorial in the Roanoke Times re: ABA death penalty study in VA

The verdict on capital punishment system

Virginia should take up the bar association’s reforms to ensure a fair and accurate death penalty system.

Wednesday, September 11, 2013

The American Bar Association spent two years studying Virginia’s death penalty and came up with a dozen recommendations that would lift the state’s thumb off the scale of justice.

The group does not address whether states should have a death penalty. Rather, the ABA acknowledges that prudence requires capital punishment to be administered justly. And all should favor ensuring that those the commonwealth executes truly merit the irrevocable penalty.

That cannot be said today. The Virginia Death Penalty Assessment Team weighed Virginia’s ways against the bar association’s protocols and found it deficient. Most of the recommended reforms would not cost the state much in the way of funding, but would require procedural changes.

For instance, though Virginia recommended all police departments adopt policies in which an officer administering a lineup is unaware of the suspect’s identity, too few have, allowing for an officer’s bias to taint eyewitness identifications. Another recommendation calls for videotaping all interrogations in capital cases.

And as a case moves toward trial, Virginia should do like other states and the federal government and turn over evidence to defense attorneys so they know who will be called to testify and what these witnesses previously have said. Let the evidence speak as it should, rather than springing it during trial without adequate opportunity to challenge it. Or worse, as was found recently in two capital cases reversed on appeal, supressing exculpatory evidence.

Virginia has, in recent years, gotten a few things right with capital cases: accreditation of crime laboratories and medical examiner offices and certification of their employees, and establishing regional capital defender offices that offer more experienced and qualified trial attorneys.

But Virginia still has at least a dozen reforms remaining before resting its case that it runs a fair and accurate death penalty system. Until then, reasonable doubt remains.