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Slide 1
10 THINGS YOU SHOULD KNOW ABOUT THE DEATH PENALTY
Slide 2
#1 THERE ARE NO RICH PEOPLE ON DEATH ROW
Slide 3
-Approximately 85-90% of people on death row were financially
unable to hire attorneys to represent them at trial. (TADP) -They
are assigned public defenders who typically have much higher
caseloads and fewer resources than private law firms. -In Shelby
County, where 1/3 of death penalty convictions arise, public
defenders have caseloads that are 3 to 4 times larger than the
national average. -In 2012, Shelby County Public Defender Stephen
Bush argued that his office had been underfunded by $28.4 million
for the past 20 years, due to calculation errors (Memphis
Commercial Appeal).Memphis Commercial Appeal -In December 2013, the
Nashville Public Defenders office reported that it was unable to
take on a new death penalty case due to chronic underfunding and
understaffing (TBA).TBA
Slide 4
CONTEXT: GIDEON V WAINWRIGHT -The Supreme Court case, Gideon v.
Wainwright (1963), ruled that lawyers in criminal courts are
necessities, not luxuries, and that the state is required to
provide legal representation for those who cannot afford to hire
their own. -Supreme Court Justice Hugo Black added in 1964: There
can be no equal justice where the kind of trial a man gets depends
on the amount of money he has. -If Tennessees public defenders are
overworked and underfunded, what chance do poor people have of
equal justice?
Slide 5
#2 THERE ARE RACIAL BIASES IN THE SYSTEM
Slide 6
-A 2007 study of capital sentencing in Tennessee from 1981 to
2000 found that defendants with white victims were 4.75 times more
likely to receive the death penalty than defendants with black
victims (ABA report, p 284).ABA report -Even when other aggravating
factors were present, such as multiple victims or multiple felony
convictions, defendants with white victims were 3.15 times more
likely to receive the death penalty than defendants with black
victims (ABA report, p 284).ABA report -More than 1 in 4 black
inmates condemned to death in Tennessee from 1977 to 2001 were
sentenced by all-white juries (15 out of 52 inmates, or 29%;
Amnesty, p 40). Amnesty -African Americans make up 43% of
Tennessees death row population but only 17% of its total
population.
Slide 7
FOCUS: JURY SELECTION A 2010 study by the Equal Justice
Initiative showed that jury selection procedures had been
manipulated in Tennessee, as well as in other states, to eliminate
black jurors without just cause (EJI Report). They cite two cases
from Tennessee in detail:EJI Report In the 2007 case of State v.
Hill, the prosecutor struck all but one African American, leaving a
black man to be tried by a nearly all-white jury. The prosecutor
claimed he struck one African-American man because he was not very
bright and went on some diatribe during voir dire. The appellate
court found no such diatribe in the record, but still upheld the
case. In a similarly disturbing case from 2006, State v. Tyler, the
prosecutor struck only African Americans, and both the trial and
appellate courts accepted his explanation that he struck one black
juror for being tentative and timid and another for wearing a large
hat and sunglasses.
Slide 8
#3 THERE IS TOO LITTLE OVERSIGHT & ACCOUNTABILITY FOR
JUDGES AND LAWYERS
Slide 9
AMERICAN BAR ASSOCIATION REPORT (2007) The ABAs Tennessee Death
Penalty Assessment Report (2007) found that the TN death penalty
system falls short on 10 key points, including the following
procedural issues:2007 -Inadequate Procedures to Address Innocence
Claims (including a failure to preserve DNA evidence in the
post-conviction phase of capital trials) -Inadequate Access to
Experts and Investigators -Inadequate Qualification and Performance
Standards for Defense Counsel -Lack of Meaningful Proportionality
Review (between cases in which a death sentence or a life sentence
is imposed for similar crimes) -Lack of Transparency in the
Clemency Process -Significant Capital Juror Confusion The report
makes 14 recommendations to address these issues, but we need a
follow-up report to assess whether the state has taken the
necessary steps to ensure that everyone is granted a fair trial,
especially when facing the irreversible punishment of death.
Slide 10
FOCUS: SHELBY COUNTY Shelby County ranks #13 across the US for
the highest number of death penalty convictions (DPIC)DPIC In
Shelby County, prosecutors have sent three times as many people to
death row as prosecutors in any other county in the state (USA
Today).USA Today Homicide rates are typically high in Shelby County
(an average of 31% of all homicides in the state over the past ten
years). But death penalty convictions are even higher (39% of
current prisoners on death row are from Shelby County). In December
2013, Shelby County prosecutor Thomas Henderson was publically
reprimanded by the TN Supreme Court for hiding exculpatory evidence
in Michael Rimmers murder trial (Memphis Flyer). Rimmers conviction
was overturned in 2013, but he is still sitting on death row
pending an appeal from the state.Memphis Flyer Henderson is also
facing a complaint to the state bar for deliberate misconduct (The
Open File). But the District Attorneys office is not planning any
disciplinary action against Henderson, in spite of these issues
(Memphis Flyer).The Open FileMemphis Flyer Another Shelby County
prosecutor, Jerry Harris, was found to have withheld evidence in
Timothy McKinneys murder trial (The Nation). Henderson was also
involved in prosecuting this case. McKinneys conviction was
overturned in 2013 and he was released on an Alford plea after 11
years on death row (Democracy Now).The NationDemocracy Now
Slide 11
BUT ITS NOT JUST SHELBY COUNTY! Since 1977, 41 death sentences
or capital convictions in Tennessee have been vacated or reversed
on grounds of ineffective assistance of counsel. This represents
more than 20% of Tennessee death cases. If we include other
problems in addition to ineffective assistance of counsel, courts
have found reversible error in well over half of all Tennessee
death cases. Federal judge Gilbert Merritt stated in 2009 that
prosecutorial misconduct (such as withholding exculpatory evidence)
poses the greatest threat to justice and Rule of Law in death
penalty cases, and that it played a role in 7 of the 8 cases from
Tennessee that he reviewed in his years on the bench (TN Law
Review).TN Law Review
Slide 12
#4 INNOCENT PEOPLE HAVE BEEN SENTENCED TO DEATH IN TN
Slide 13
NDUME OLATUSHANI: 20 YEARS ON DEATH ROW FOR A CRIME HE DID NOT
COMMIT
Slide 14
OTHER WRONGFUL DEATH PENALTY CONVICTIONS IN TENNESSEE Michael
L. McCormick was exonerated in 2007, after 16 years on death row
Paul House was exonerated in 2009, after 22 years on death row
Gussie Vann was exonerated in 2011, after 17 years on death row
Michael Rimmers conviction was overturned in October 2012 after 14
years, but he has still not been released from death row.
Slide 15
#5 DEATH SENTENCES ARE MORE EXPENSIVE THAN LIFE SENTENCES
Slide 16
DEATH AND TAXES -According to a 2004 study by the Tennessee
Comptroller of the Treasury, death penalty trials in TN cost an
average of 48 percent more than the cost of trials in which
prosecutors seek life imprisonment. -In North Carolina, each
execution costs $2.16 million more than the cost of sentencing
murderers to life imprisonment. -In Kansas, capital cases are 70%
more expensive than comparable non-capital cases, including the
costs of incarceration. -In Florida, the death penalty costs $51
million a year more than what it would cost to punish all
first-degree murderers with life in prison without parole. -In
Maryland, an average death penalty case resulting in a death
sentence cost approximately $3 million. Maryland abolished the
death penalty last year. For more information on costs, see the
TADP website.TADP website
Slide 17
#6 THE DEATH PENALTY IS NOT AN EFFECTIVE DETERRENT
Slide 18
THE MYTH OF DETERRANCE -88% of the countrys top criminologists
do not believe the death penalty acts as a greater deterrent to
homicide than long term imprisonment. (Radelet and Lacock, 2009).
-The murder rate in death penalty states is consistently higher
than the murder rate in non-death penalty states (empirical
research by Death Penalty Information Center). Death Penalty
Information Center -For this and other reasons, the American
Society of Criminology takes a strong stand against capital
punishment: "Be it resolved that because social science research
has demonstrated the death penalty to be racist in application and
social science research has found no consistent evidence of crime
deterrence through execution, The American Society of Criminology
publicly condemns this form of punishment, and urges its members to
use their professional skills in legislatures and courts to seek a
speedy abolition of this form of punishment."
Slide 19
#7 EXECUTIONS CREATE MORE VICTIMS
Slide 20
THE MYTH OF CLOSURE Many supporters of the death penalty argue
that execution helps the family members of murder victims find
closure for their grief. And yet, some family members have found
this to be false. Not only does execution fail to address the pain
of their loss, but it may even compound their emotional trauma by
expecting families to move on rather than engaging in a life-long
process of healing and memory work. The national organization,
Murder Victims Families for Human Rights, frames the death penalty
as both a victims issue and a human rights issue. They support a
policy of Prevention, Not Execution to address the grievous harm of
murder and to stop the cycle of violence.
http://www.mvfhr.orghttp://www.mvfhr.org Conservatives Concerned
about the Death Penalty have also argued that the death penalty
fails victims families. http://conservativesconcerned.org/
http://conservativesconcerned.org/
Slide 21
STATEMENT BY NASHVILLE RESIDENT CLIFFORD OSULLIVAN, WHOSE
MOTHER WAS MURDERED WHEN HE WAS A CHILD There is not a life or a
limb in this world that can replace the ones I have lost. My
mothers sight was sacred and, even if what I desired was an eye for
an eye, I know I could never hope for more than 20/20 vision.
Despite its extraordinary capacity for bias, I have doubts,
untempered by contradiction, that the criminal-justice system is
sensitive enough to appreciate the subtle qualities that endear one
person to another. My mother had green eyes, one of which was lazy.
Her murders eyes are blue. If I allow this cycle to continue, what
color will my justice be?
Slide 22
COOKSVILLES HECTOR BLACK, ON THE MURDER OF HIS DAUGHTER AND HIS
OPPOSITION TO THE DEATH PENALTY [In the trial for his daughters
murder,] Black read a statement in court saying, "I don't hate you,
Ivan Simpson, but I hate with all my soul what you did to my
daughter." Black looked into Simpson's eyes. "The tears were
streaming down his cheeks," Black says. Before he was led away,
Simpson apologized twice for "the pain that I've caused," Black
says. Black says he couldn't sleep that night "because I really
felt as though a tremendous weight had been lifted from me... and
that I had forgiven him.
http://www.npr.org/templates/story/story.php?sto ryId=18791726
Slide 23
TRAUMATIC EFFECTS ON THE FAMILY AND COMMUNITY OF EXECUTED
PRISONERS Prisoners on death row have children, parents, siblings,
spouses, and friends. When a prisoner is executed, these people
suffer an irreplaceable loss, too. Dr. Ann Charvat of Nashville
explains: Executions cause a breach in trust between citizens and
authority. Punishment that exceeds the need to control the actions
of the criminal can damage our ability to bond with society, and
thus prevent future crime. Dr. Charvat is a sociologist and has
worked as the executive director of Reconciliation, Inc., which
supports family members of people in prison.
Slide 24
#8 MANY CONSERVATIVES AGREE THAT THE SYSTEM DOES NOT WORK.
Slide 25
Conservatives Concerned About the Death Penalty Conservatives
Concerned About the Death Penalty is a network of political and
social conservatives who question the alignment of capital
punishment with conservative principles and values. They highlight
several key issues: Some of us believe that small government and
the death penalty dont go together, especially when we compare the
high costs of capital punishment to life without possibility of
release. Some of us dont trust the state to get it right. We
already know that some innocent people have been sentenced to
death, and for others it may already be too late. Some of us are
disturbed by the roller coaster for family members of murder
victims, or wonder why were investing so much in a system that
doesnt keep us any safer than the alternatives. Some of us believe
that the death penalty contradicts our values about protecting
life.
Slide 26
Marc Hyden Marc Hyden in the Times Free Press: I am a
law-and-order Republican who believes we need be tough on crime,
but also smart on crime. No one in our growing network of
conservatives concerned about the death penalty is interested in
coddling criminals. However, as we can plainly see, the death
penalty in Tennessee, as well as the rest of America, is neither
swift nor sure. Drew Johnson Drew Johnson in the Knoxville
News-Sentinel: The truth is government is not perfect, far from it,
and the death penalty runs a dangerously high probability of
killing innocent people, siphons billions of dollars from the
public, and gives the government power it cannot be trusted to
carry out fairly Its time that conservative Tennesseans begin to
look at the death penalty to consider whether its consistent with
our view of the role of government and decide if retribution and
revenge is worth sacrificing our principles, freedoms, and
liberties.
Slide 27
#9 TENNESSEE DOES NOT CURRENTLY HAVE LEGAL ACCESS TO APPROVED
EXECUTION DRUGS
Slide 28
LETHAL INJECTION AND ITS DISCONTENTS In 2011, Tennessee and
several other states had to turn over their supplies of sodium
thiopental, one of the drugs in the three-drug execution protocol,
because of the way it was acquired (New York Times).New York Times
A lawsuit was brought against the FDA for allowing the drug to be
imported by state corrections departments without proper inspection
and approval (Death Penalty Info).Death Penalty Info In 2013,
Tennessee switched from a three-drug protocol (involving sodium
thiopental) to a new one-drug protocol (pentobarbital). But the
European manufacturers of the drugs have banned their use for state
execution (The Tennessean).The Tennessean
Slide 29
Last year, Tennessee legislators passed a law that allows
compounding pharmacies to mix drugs without a prescription (NPR).
This law would permit the state to order execution drugs directly
from a compounding pharmacy in Tennessee, bypassing EU trade
restrictions.NPR In April 2013, Tennessee legislators amended a law
guaranteeing confidentiality to any person or entity involved in
the procurement or provision of chemicals, equipment, supplies and
other items for use in carrying out a sentence of death (TCA
Section 10-7-504(h)(1)).TCA Section 10-7-504(h)(1) This means that
a compounding pharmacy in Tennessee could accept a contract to
produce execution drugs without disclosing its name to the public.
Why are we suddenly rushing to execute 10 people in TN? And why all
the secrecy?
Slide 30
#10 TENNESSEE HAS A STRONG ABOLITIONIST HISTORY
Slide 31
TNS ABOLITIONIST LEGACY Tennessee was the only former
Confederate state to abolish capital punishment (from 1915 to
1919). In 1965, Governor Clement granted clemency to everyone on
death row, after a death penalty abolition bill was defeated by one
vote. Tennessee was the last state in the South to resume
executions after capital punishment was suspended across the US
from 1972- 1976. We have executed 6 people since 1976. Texas has
executed over 500 in the same time period.
Slide 32
THESE 10 POINTS ARE IMPORTANT. BUT YOU NEED TO KNOW THAT DEATH
ROW IS A REAL PLACE, NOT FAR FROM WHERE YOU LIVE.
Slide 33
THIS IS TENNESSEES DEATH ROW UNIT
Slide 34
AT RIVERBEND MAXIMUM SECURITY INSTITUTION (RMSI)
Slide 35
JUST A 15 MINUTE DRIVE FROM DOWNTOWN NASHVILLE
Slide 36
REAL PEOPLE LIVE ON DEATH ROW AND DIE THERE.
Slide 37
PEOPLE ON DEATH ROW CREATE ART
Slide 38
Slide 39
Slide 40
THEY WRITE BOOKS Available at East Side Story Bookstore and on
Amazon.com
Slide 41
http://rethinkingprisons.wor dpress.com/art-from-
tennessees-death- row/music-from-death-row/ THEY SING
Slide 42
AND THEY HAVE FAMILIES WHO LOVE THEM
Slide 43
We asked men on death row to name the ten issues that concern
them most, the first thing they said was: We need to find a way of
keeping kids out of the prison system.
Slide 44
TOGETHER, WE CAN MAKE A DIFFERENCE
Slide 45
TAKE ACTION TO STOP EXECUTIONS IN TENNESSEE Sign and share this
open letter calling for a moratorium on the death penalty in
TN:tnsocialjustice.wordpress.com Sign these online clemency
petitions for prisoners on death row: Abu Ali AbdurRahman:
http://www.abu-ali.org/ Olen Hutchison:
http://www.change.org/petitions/equal- justice-for-olen-hutchison
Join Tennesseans for Alternatives to the Death Penalty (TADP) at
http://www.tennesseedeathpenalty.org/ Attend the TADP Student
Conference on the death penalty on Feb. 22, 2014 at TSU (see the
TADP website for more details)
Slide 46
BUILD COMMUNITY WITH PEOPLE ON DEATH ROW Follow the REACH
Coalition blog: www.reachcoalition.wordpress.com Send a postcard to
death row (contact [email protected]) Become a penpal of
someone on death row (contact [email protected])
Volunteer to visit someone on death row (contact Joe Ingle at
[email protected]) Sign a Declaration of Life form:
http://www.quaker.org/declaration-of-life.html
Slide 47
CONNECT THE DOTS Share what you have learned about the death
penalty with your friends, family, and colleagues Host a
presentation on the death penalty at your educational institution,
church, or community group. Contact Stacy Rector at
[email protected] or Lisa Guenther at
[email protected] for support materials The death
penalty is part of a larger pattern of mass incarceration and harsh
punishment Join the Vanderbilt Prison Project:
[email protected] Contact Janet Wolf of the
Childrens Defense Fund campaign to stop the School to Prison
Pipeline at [email protected]
Slide 48
PRESENTATION BY TENNESSEE STUDENTS AND EDUCATORS FOR SOCIAL
JUSTICE