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Crime: 2010 Recommendations Blog Contact Us Support TCP Donate Pro Bono Partners The Constitution Project Publications & Resources Irreversible Error: Recommended Reforms for Preventing and Correcting Errors in the Administration of Capital Punishment Irreversible Error: Recommended Reforms for Preventing and Correcting Errors in the Administration of Capital Punishment harmful error May 7, 2014 Issue: Death Penalty Download Entire Report Download Executive Summary  Download Executive Summary in Spanish Download Report by Chapter Click on the chapter name to download PDF The Death Penalty Committee Acknowledgements Preface Snapshot of Legal and Policy Landscape Advocacy Efforts of The Constitution Project in Furtherance of the Death Penalty Committee's Recommendations Black Letter Recommendations Chapter 1: Safeguarding Innocence and Preventing Wrongful Execution Chapter 2: Forensic Evidence and Labs Chapter 3: Access to Justice Chapter 4: Custodial Interrogations Chapter 5: Ensuring Reliable Eyewitness Testimony Chapter 6: Reserving Capital Punishment for the Most Heinous Offenses and Most Culpable Offenders Chapter 7: Ensuring Effective Counsel Chapter 8: Duty of Judge and Jury Chapter 9: Role of Prosecutors Chapter 10: Safeguarding Racial Fairness and Proportionality Chapter 11: Executive Clemency Chapter 12: Execution Procedures Appendix 1: State-by-State Execution Procedures Appendix 2: Death Penalty St

on the grounds that it is morally wrong and also unconstitutional as being cruel and unusual. But even on procedural grounds the penalty is hard to defend. The way it is meted out in this country is

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so grossly arbitrary, so racially unfair and so full of legal mistakes that there is no

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way to ensure that innocent people will be spared. Yet despite convincing new evidence of the system's fallibility, neither Gov. George W. Bush harmless error nor Vice President Al Gore has defended his support of the death penalty in ways that confront the intellectual, legal and moral issues raised by state-sponsored killing. The foundation principles of a society in which citizens submit to the http://www.constitutionproject.org/documents/irreversible-error/ rule of law are that the guilty will be subject to proportional punishment and that the innocent will be vindicated through a fair and rigorous legal process. But neither principle can be said to govern how the American courts dispense death sentences. New research on error rates in capital cases and the successful use of DNA evidence to exonerate death row inmates in recent years reveal the system to be even more flawed than previously imagined. The execution of http://www.truthinjustice.org/irreversible.htm Gary Graham in Texas last night is a dramatic case in point. There is powerful evidence that he did not commit the murder for which the state put him to death. Mr. Graham, represented at trial by a court-appointed lawyer who failed to mount a meaningful defense, was convicted largely on the testimony of a single witness who said she saw him from 30 to 40 feet away through her car windshield. There was no physical evidence linking Mr. Graham to the crime. Tests showed that the gun he was carrying was not the murder weapon, and two other witnesses who were never called to testify at trial said they had seen the killer, and it was not Mr. Graham. Even for death penalty supporters, these facts should raise deep doubts about this conviction. But Mr. Graham is dead now, and the uncovering of further evidence that proves him innocent will not bring him back. Mr. Bush did nothing to stop the Graham execution, but instead defended his state's actions, telling reporters that "as far as I'm concerned there has not been one innocent person executed since I've been governor." Mr. Bush has now presided over 135 executions. In Illinois, Gov. George Ryan declared a moratorium on executions after 13 death row inmates were exonerated, as compared with the 12 who had been executed since Illinois reinstated capital punishment in 1977. It de

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