Death Penalty

3350 people in the United States currently are under a death sentence. Since the death penalty was reinstated in 1976, nearly 1100 men, women, children, and mentally ill people have been shot, hanged, asphyxiated, lethally injected, and electrocuted by States and the federal government.

Mounting evidence shows that innocent people have been sentenced to death and that serious legal errors infect the administration of capital punishment. For every eight people executed in this country, one innocent person on death row has been identified and exonerated. In response to growing concerns about reliability, many states have suspended executions or experienced a decline in the use of capital punishment, but most southern states have continued to condemn and execute large numbers of people who disproportionately are poor and racial minorities.

Alabama currently has 200 men and women on its death row. Alabama sentences more people to death per capita than any other state, due in part to elected judges who are allowed to override a jury’s verdict of life. Alabama is the only state in the country that allows elected state court judges to override jury verdicts of life imprisonment and impose death sentences without any limiting standard. About 23% of the people on Alabama's death row received a life verdict that was overridden by a trial judge.

Alabama is also the only state in the country without a state-funded program to provide legal assistance to death row prisoners. Over half of the 200 people currently under sentence of death in Alabama were represented at trial by appointed counsel whose compensation for trial preparation was capped by law at just $1000.

News

EJI Challenges Racial Bias in Jury Selection in Alabama Death Penalty Case

On Monday, October 20, 2008, EJI Director Bryan Stevenson will argue to a panel of the Eleventh Circuit Court of Appeals in Atlanta that Alabama death row prisoner Earl McGahee deserves a new trial because prosecutors eliminated jurors at his trial on the basis of race.

Costs of Federal Death Penalty Scrutinized

The federal Judicial Conference Committee on Defender Services recently released a preliminary Update on the Cost, Quality, and Availability of Defense Representation in Federal Death Penalty Cases focusing on the cost of legal representation in federal death penalty cases.

Alabama Death Row Inmate Herbert Williams Wins Relief From Eleventh Circuit

On September 17, 2008, the Eleventh Circuit Court of Appeals struck down Alabama prisoner Herbert Williams's death sentence because his appointed lawyers failed to investigate and present basic facts about Mr. Williams and his life history, especially the extreme abuse inflicted on him as a child. The court also directed the federal district court to address the merits of Mr. Williams's claim that the prosecutor unconstitutionally excluded African Americans from his jury.

EJI Wins Right to Raise Juror Misconduct Claims in Postconviction

In a decision released on Friday, September 5, 2008, the Alabama Supreme Court reaffirmed that juror misconduct claims may be raised for the first time in a Rule 32 petition.

Critically-Acclaimed Film Documents Alabama Prisoners' Transformation Through Meditation

The Dhamma Brothers documents the stories of inmates at the maximum-security Donaldson Correctional Facility in Bessemer, Alabama, as they enter into an intensive 10-day Vipassana meditation retreat. EJI supported the project and the film, which is now being screened across the country.
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