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Univ. of San Diego School of Law

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Thursday, April 21, 2005

NY Death Penalty No More

From the Washingtonpost.com:  "A legislative committee tossed out a bill Tuesday aimed at reinstating the state's death penalty, which a court had suspended last year. It was an extraordinary bit of drama, not least because a top Democrat who once strongly supported capital punishment led the fight to end it.  "The first time I voted for the death penalty, I thought of the law as majestic and that there was very little chance of a mistake," said Assemblyman Joseph R. Lentol (D), who represents a working-class swath of Brooklyn and leads the committee that rejected the bill. "Then you grow up. Look at the DNA evidence -- you realize that people can make terrible mistakes."  It is a sentiment heard with increasing vehemence across the nation. As crime rates have plummeted, and DNA evidence has revealed that innocent men have been sentenced to die, capital punishment seems to resonate less with voters. Judges and juries handed out 50 percent fewer death sentences last year than 10 years ago.

National attention now fixes less on horrific crimes than on wrongful convictions. Several dozen death row inmates have been freed nationwide after evidence -- usually DNA -- proved their innocence.  Thirty-seven states still use capital punishment. But two successive governors of Illinois have imposed a moratorium on executions in that state. In Kansas, the state Supreme Court struck down the death penalty earlier this year, ruling that the law forced jurors -- when all evidence was equal -- to choose capital punishment over life in prison. In New Jersey, the top state court has also imposed a moratorium.  In the past year, the U.S. Supreme Court has ruled that the government cannot execute juveniles and the mentally retarded.

"The trend line on the death penalty is headed down," said Richard C. Dieter, executive director of the Death Penalty Information Center. "DNA has given people pause -- there's less certainty and less polarization. No one wants to execute an innocent person.""  [Mark Godsey]

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