Equal Justice Initiative

From The Economist

Mass incarceration in the United States continues at record high levels despite outsized costs. According to recent data reported in The Economist, the United States has the world's highest incarceration rate, locking up five times more people per capita than Britain, nine times more than Germany, and 12 times more than Japan.

The Alabama Supreme Court has issued an order setting two execution dates: Michael Land is scheduled to be executed on August 12, 2010, and Holly Wood is scheduled to be executed on September 2, 2010.

Today in Kansas City, Missouri, the NAACP awarded EJI Director Bryan Stevenson the William Robert Ming Award for Advocacy at the opening plenary session of its 101st National Convention. The award is one of the NAACP’s highest honors for professionals in the legal field and was presented to Mr. Stevenson for the work of the Equal Justice Initiative, which this year has issued a major report documenting illegal racial discrimination in jury selection, led a successful effort in the United States Supreme Court to abolish life imprisonment without parole sentences imposed on juveniles, provided critical legal assistance to condemned prisoners on death row and prisoners wrongly convicted or illegally sentenced, and aided many others facing unfair and unjust treatment in the criminal justice system.

The Alabama Supreme Court recently decided to review the cases of three inmates on death row: Brandon Washington, Brent Martin, and Jimmy Killingsworth. In each case, questions have been raised about the fairness of the capital trial and the propriety of the death sentence.

On June 29, 2010, the United States Supreme Court reversed Georgia death row inmate Demarcus Sears’s case because his trial attorney failed to thoroughly investigate mitigating evidence and did not present compelling evidence that could have resulted in a sentence other than death. The Court emphasized that a trial lawyer can fall short of his constitutional obligation to investigate and present mitigating evidence even if he puts on some evidence about the defendant at the penalty phase.

On June 14, 2010, the United States Supreme Court held that a federal appeal filed after a deadline nonetheless can be reviewed on the merits if the late filing was caused by extraordinary circumstances outside a prisoner’s control. The Court ruled that Florida death row prisoner Albert Holland must be given the chance to show that his lawyer’s negligent conduct caused him to miss the deadline for filing a challenge his death sentence.

Today, the United States Supreme Court ruled that Alabama death row inmate Billy Joe Magwood's challenge to the constitutionality of his death sentence must be heard.

EJI celebrated Joe Garlock's graduation this month from our Post-Release Education and Preparation (PREP) program. Launched in 2008, PREP provides a wide range of assistance to people released from incarceration, including a full-scale residential re-entry program.

Update: EJI lawyers argued the case of Demarious Banyard in the Mississippi Supreme Court on Monday, June 14, 2010. Demarious has been sentenced to life imprisonment without parole in Mississippi for an offense when he was just 13 years old. EJI is continuing to challenge death-in-prison sentences imposed on children in cases across the country.