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Tuesday, January 31, 2006

ABA Report Calls for a Moratorium on Georgia's Executions & Death Penalty Prosecutions

Ae"Because Georgia cannot "ensure fairness and accuracy in every capital case," it should implement a moratorium on executions and death penalty prosecutions, an American Bar Association study states...Among the problems cited in the 325-page report are inadequate pattern jury instructions on mitigation. The study said that Georgia capital jurors often misunderstand the applicable burden of proof for mitigation, as well as the scope of mitigating evidence. Approximately 40 percent of the jurors interviewed for the study did not understand that any evidence could be used in consideration of mitigation. In addition, 62 percent thought the defense had to prove mitigating factors beyond a reasonable doubt. The report also criticized Georgia for not appointing counsel for state habeas proceedings, noting that only Georgia and Alabama do not provide indigent death penalty defendants with attorneys in such proceedings." CrimProf and Associate Dean Anne S. Emanuel (pictured) of Georgia State Law chaired the 21-member ABA team that authored the report. More from the Fulton County Daily Report. . . [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2006/02/aba_report_call.html

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