Innocent lives in the balance
The real risk of executing the innocent
Since 1973, at least 140 people have walked off our nation’s death rows after evidence revealed that they were sentenced to die for crimes they did not commit.1 That’s more than one innocent person exonerated for every ten who’ve been executed. Hundreds more have been exonerated from long prison sentences as a result of advances in DNA testing.
Wrongful convictions like these mean victims’ families suffer while the real killers remain at large and tax dollars are wasted. These cases represent much that is failing in our justice system.
What we have learned in the DNA era
- Hundreds of DNA exonerations have given us a window into all of the things that can go wrong in a criminal case. They offer irrefutable evidence of the system’s flaws.
- These DNA exonerations have revealed that murder cases are often riddled with problems, including mistaken eyewitnesses, incompetent lawyers, shoddy forensics, unreliable jailhouse snitches, and coerced confessions.
- DNA by itself cannot solve these problems – it can only tell us just how bad they are. And DNA evidence exists in only about 10% of criminal cases – far fewer than one would think from watching TV crime shows like CSI.
- In those few cases where DNA evidence is available, access to the DNA database or to new testing can be extremely limited.
Case in point: Ray Krone was sentenced to death for rape and murder in Arizona even though DNA found on the victim did not match him. The state argued against having the DNA submitted to the database since the jury found him guilty even without physical evidence. A decade later, a crime lab worker ran the DNA through a database on his own, without a court order, and uncovered the identity of the real killer.
Despite the best intentions, we can’t be right 100% of the time
- The risk of executing an innocent person is not limited to those cases where lawyers sleep through trials. Despite the very best efforts of police, prosecutors, judges, juries, witnesses, and defense attorneys, mistakes can and will happen. In a capital case, even one small mistake can be deadly.
- Contrary to popular belief, the appeals process is not designed to catch many of these mistakes. These exonerations came only because of the extraordinary efforts of people working outside the system – pro bono lawyers, family members, even students.
- Innocent people have spent up to 33 years awaiting execution, or come within hours of execution, before the truth came to light. Any effort to streamline the death penalty process or cut appeals will only increase the risk that an innocent person will be executed.
- One of most comprehensive state death penalty studies in the nation recommended 85 reforms that were essential to decrease the risk of wrongful executions.2 Not a single death penalty state has even a majority of those reforms in place.
The wrong man: Stories of a broken system
- Curtis McCarty was sentenced to die for the Oklahoma murder of Pamela Kaye Willis. In the original investigation, a police chemist said hairs at the crime were not his. But the same chemist quietly changed her notes two years later to say they were. When McCarty finally got the chance to have the hairs retested, they were missing. McCarty spent 21 years behind bars before the truth finally came out.3
- Frank Lee Smith was sentenced to death in Florida on the testimony of a single witness. No physical evidence tied him to the crime. Four years later, the same witness saw a photo of a different man and realized she had made a mistake. DNA tests later confirmed that Smith was innocent, but it was too late. He had died in prison of pancreatic cancer.4
- Cameron Todd Willingham was executed in Texas in 2004 for setting fire to his home, killing his three children. Experts now say that the arson theories used in the investigation were scientifically invalid. Willingham was executed for a fire that was apparently an accident.5
- Gary Gauger was sentenced to die in Illinois for the murder of his parents. Police questioned him for 18 hours, depriving him of sleep, food, or drink. They convinced him that he had blacked out and that’s why he didn’t remember killing his parents. He was sentenced to die on the basis of this “confession.” An investigation later found the real killers, and Gauger was exonerated.6
We’ve learned a lot about the death penalty in the last 30 years. We now know that innocent people are sentenced to die. When a life is on the line, one mistake is one too many. Can we afford the risk?
- 1. Innocence list maintained by the Death Penalty Information Center, www.deathpenaltyinfo.org.
- 2. The Illinois Commission on Capital Punishment was a two-year study that recommended 85 reforms to the state’s death penalty in 2002. Several states have compared their systems to the 85 reforms and found virtually none of those reforms were in place.
- 3. Innocence Project, Case Profiles
- 4. "Requiem for Frank Lee Smith," PBS Frontline
- 5. "Trial By Fire: Did Texas Execute an Innocent Man?," David Grann in The New Yorker
- 6. "Gary Gauger," Northwestern University School of Law, Center on Wrongful Convictions; EJUSA interview with Gary Gauger, 2001.
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