Need facts about death penalty

I am having trouble tracking down some data about the death penalty

For instance, I know that there arte stats on the number of people later freed from prisons becuase they had been proven innocent. I think there are federal stats that show 11% of inmates may actually be innocent.

But where can I find these stats? Google and jeeves searches haven't been as helpfeul as I would have liked. I can find stats on how many are on death row but nothing who was later freed or why.

And does anyone have any good cases or know where I can find examples of cases where the death penalty was used unfairly or the end result of a unfair trial? I remember a case where the defending attorney was asleep the entire time of the trial and it led to a death sentence but I can't find the specific case.

and finally, for you lawyers out there, how easy is to get an appeal? What obstacles are there to getting off death row? I thought that you had to be 18 to be executed but then I hear about kids as young as 16 being tried as adults in cases where the death penalty can result. Plus, i heard that people on death row had been denied a DNA test by the state on appeal becuase the burden of proof had shifted off the state. true?

Admittedly, not being a lawyer, I am bit confused so I am trying to clear it up...

any help would be appreciated...

and I will return to this thread with a few links to some of my past threads on this matter

I did find this as the safeguards supposedly making sure innocent people didn't go to death row. Is it just me or does this list seem a bit ..Knieve at best?

"1 Capital punishment may be imposed only for a crime for which the death penalty is prescribed by law at the time of its commission.
2. Persons below eighteen years of a age, pregnant women , new mothers or persons who have become insane shall not be sentenced to death.
3. Capital punishment may be imposed only when guilt is determined by clear and convincing evidence leaving no room for an alternative explanation of the facts.
4. Capital punishment may be carried out only after a final judgment rendered by a competent court allowing all possible safeguards to the defendant, including adequate legal assistance.
5. Anyone sentenced to death shall receive the right to appeal to a court of higher jurisdiction.
6. Anyone sentenced to death shall have the right to seek pardon or commutation of sentenced.
7. Capital punishment shall not be carried out pending any appeal, recourse procedure or proceeding relating to pardon or commutation of the sentenced.
8. Also capital punishment shall be carried out so as to inflict the minimum possible suffering." (5) "

It's from here:

Safeguards Guaranteeing Protection of the Rights of those Facing the Death Penalty
Economic and Social Council resolution 1984/50, adopted 25 May 1984

which can be read with other useful stuff here:

http://www.uncjin.org/Standards/UNRules.pdf

There's also this, at the international law level, in the International Covenant on Civil and Political Rights:

http://www.unhchr.ch/html/menu3/b/a_ccpr.htm

Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.

3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

(The US has ratified that covenant.)

The idea behind these rules is not that capital punishment can be a good thing -- it is that the international community has no authority over whether an individual state uses capital punishment, but attempts to get those states that do, to adhere to a minimum set of rules for the application of it.

Those rules are "naïve" in the same sense as any other international treaty of this nature is -- the only real guarantee of them being followed is the good will of the states that sign them.

The second optional protocol to that Covenant says:

http://193.194.138.190/html/menu3/b/a_opt2.htm

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty

The States Parties to the present Protocol,

Believing that abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights,

Recalling article 3 of the Universal Declaration of Human Rights, adopted on 10 December 1948, and article 6 of the International Covenant on Civil and Political Rights, adopted on 16 December 1966,

Noting that article 6 of the International Covenant on Civil and Political Rights refers to abolition of the death penalty in terms that strongly suggest that abolition is desirable,

Convinced that all measures of abolition of the death penalty should be considered as progress in the enjoyment of the right to life,

Desirous to undertake hereby an international commitment to abolish the death penalty,

Have agreed as follows:

Article 1

1. No one within the jurisdiction of a State Party to the present Protocol shall be executed.

2. Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction. ...

I assume the US has not ratified that one.


Lots of info about the death penalty at the international level here:
http://web.amnesty.org/library/Index/ENGACT500022003?open&of=ENG-USA

The Innocence Project is here:
http://www.innocenceproject.org/






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hi booley:

I got this from the February, 2001 Scientific American. Sorry no link, I clipped from the mag and saved it.

"Average time between sentencing and execution in US: 10.6 years
Percent of death-penalty sentences found to have a serious error on appeal: 68%
Percent error rate for non-capital cases: 15%
Percent of those convicted who are later determined to be innocent: 5%
Number mistakenly executed since 1900: at least 23
Cost to New York State to put 5 men on death row: $23 million"

I hope that helps.

on edit: corrected my sloppy spelling.

If I had to choose one DP information site, I would recommend the Death Penalty Information Center ( http://www.deathpenaltyinfo.org/ ).

They have tons of stuff on just about all the issues involved, and they have links to other helpful resources.


Mary