Exam 3 Review Executing the Innocent Meaning of Innocence If convicted of a crime burden of proof is reversed Guilty until proven not guilty Varying definitions Someone completely uninvolved in the crime for which they re convicted the person was convicted for a crime that didn t occur but they now been legally exonerated People that most independent experts believe were completely uninvolved in the crime they were convicted of they were convicted of a crime that didn t occur but they haven t been officially exonerated Someone who was granted a new trial by a state federal court they were prosecuted found not guilty at this trial Someone who s case was sent back to a lower court by a higher court for a new trial they state dropped the charges dismissed the defendants Someone involved in a homicide but it was an accident self defense not murder manslaughter Someone not directly involved in a death but was a participant in some part of the crime Someone guilty of murder but there wasn t any premeditation malice forethought the crime didn t justify a charge of 1st degree murder Someone guilty of 1st degree murder but there wasn t an aggravating factor to elevate it to a death eligible offense mitigating factors had been properly presented they would have outweighed they aggravating factors They didn t know death would occur wanted to prevent it but was unable to do so Legally not guilty factually guilty Exonerated conditions Defendants must have been convicted sentenced to death subsequently either Been acquitted by a court of all charges related to the crime that placed them on death row Had all charges related to the crime that placed them on death row dismissed by prosecution Been granted a complete pardon by the Governor based on evidence of innocence Total innocence no physical evidence no DNA no association w victim weren t in location of crime close to it etc Reasons Innocent People get on Death Row False Confessions crazy protecting the criminal looking for attention Freely volunteered false confession Interrogation produced false confessions interrogator puts extreme pressure on witness lied Compliant Young people mentally ill deficient are most susceptible Internalized over Fake hypothetical scenario made up response used as confession someone who believes their false confession is true b c the scenario is repeated over those not under control of law enforcement EX characteristics of witness characteristics of the observable event those that take place in the law enforcement setting Estimator variables System variables EX line up instructions i e saying suspect is may not be in line up unbiased instructions don t increase the of correct ID s lineup composition administrator of line up knowledge of suspect line up presentation i e multiple vs sequential presentation multiple presentations of the same suspect Faulty Eyewitnesses Junk Science Invalidated improper forensic science methods EX hair analysis shoe print comparisons voice analysis Misconduct by forensic scientists EX some evidence isn t examined you see what you re trying to find changing reports Dishonest Informants Some people give false evidence against others involved to catch a break jailhouse snitches evidence Improper Police Investigations inexperience improper handling of evidence improper techniques in gathering Police Misconduct threatening witness hiding destroying evidence Prosecutorial Misconduct coaching bribing witnesses cutting deals w the defendant concealing evidence Judicial Misconduct improper jury selection instruction judges tend to be pro prosecution judges overriding Incompetent Bad Defense Attorneys poor training severe lack of experience in DP felony cases assumption improper jury selection jury decisions of guilty client Inappropriate Expert Witnesses EX James Grisson aka Dr death testified over 100 defendants were a danger to society many of which he never even met Race of Defendants Executed for Murder in the US 1930 1967 Race of Defendants Executed for Rape in the US since 1930 Race the Death Penalty White 49 91 Non white 50 09 Non white 89 45 White 10 55 Race of Defendants Executed in the US Since 1976 Race of Victims when Defendant is Executed Since 1976 Executions for Interracial Murders Since 1976 Black defendant white victim 93 White defendant back victim 7 McCleskey v Kemp 1987 McCleskey 3 accomplices attempted to rob a furniture store in Atlanta White police officer responded was shot killed A jury of 11 whites 1 black convicted McCleskey sentenced him to death White 56 Black 34 Latino 8 Other 2 White 76 Black 15 Latino 7 Other 2 Baldus Study Examined about 2 500 murder cases in GA taking into account 230 variables Found that the chances of receiving a death sentence were 4 3x higher for defendants whose victims were white vs those whose victims were black In other words 20 34 defendants sentenced to death for killing a white victim wouldn t have received the DP if their victims had been black Question does a statistical study showing racial disparity in DP cases establish an individual claim of racial bias as a violation of the 8th 14th Amendments Decision 5 4 vote Justice Powell presented the decision of the court Statistical studies that show racial prejudice in capital proceedings don t indicated constitutional violations b c they fail to prove that the decision makers in a particular case acted w racial prejudice judgement affirmed Summary statistical study showing racial disparity in DP cases doesn t establish an individual s claim of racial bias as a violation of the 8th 14th Amendments A defendant can t challenge his sentence as a violation of the constitutional requirement of equal protection of the laws by showing that it s consistent w a system wide pattern of racial disparity in capital sentencing Importance study finding racial bias in the application of the DP in general doesn t prove bias in a specific case Race the Jury Selection Process Batson v KY 1986 During the criminal trial in KY state court judge excused certain jurors a jury of 12 whites was selected Jury convicted Batson Affirming the conviction the KY Supreme Court held that the defendant alleging lack of fair cross section must demonstrate systematic exclusion of a group of jurors from the venire Question does the equal protection clause forbid the use of peremptory challenges bases solely on race Decision 7 2 decision Justice Powell presented the decision of the court A state denies a black
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