DOC

The death penalty and the miscarriage of justice_5046

By Jesse Lewis,2014-10-31 20:07
5 views 0
The death penalty and the miscarriage of justice_5046

The death penalty and the miscarriage of justice

     Summary The Columbia University Law School criminal law professor of the main group of American scholars to the United States from 1973 to 1995 all death sentences carried out a detailed study of the cases, they try to

    figure out the U.S. death penalty cases, the average miscarriage of justice rate, calculate the trial of criminal cases that affect the quality of the various factors and the death penalty a specific quantitative relationship between the miscarriage of justice, and

    accordingly proposed to solve the problem 10 responses miscarriage of justice the death penalty. The study although there are some flaws, but the death penalty in China and the whole criminal justice system reform and improvement of research and have a very important value to enlightenment.

     Key words misjudgment rate of death / Cause / countermeasure

     Text

     In mid-June 2000, the U.S. media first reported on a re-shocking

    news: a new research (the research project before the formal end of 2002) shows that the U.S. death penalty cases of false positive rate as high as 68% ?, there are three states death penalty cases of misjudgment rate of 100%. This report shocked the global legal community, especially the criminal justice system. Many of our media have also reported the news [1], some commentators have also cited the conclusion that the U.S.

    criminal justice system, reasonable argument, it is difficult to protect innocent people from criminal liability in [2] (P.318).

     China, a wide range of application of the death penalty, even without considering restrictions on research funding, as well as death penalty

    cases of complete statistics difficult to obtain, in the Legislative significantly reduce the scope of application of the death penalty, prior

    to conducting a similar study in China is very difficult. Moreover, given the Chinese legal circles to the study of the death penalty yet remain in the theoretical discussion of its abolition, as well as to study how the process itself from the proceedings to protect their correct application, then the United States the death penalty scholars misjudge the exact

    problem as well as quantitative research ? from the political, economic,

    social, demographic and other multi-angle factors that led to miscarriage

    of justice the death penalty for Chinese scholars to study the comprehensive analysis of the death penalty and the whole criminal justice

    system has a very important value to enlightenment. Regrettably, however, in the conclusions of this study expressed shock, my scholars did not make this study more in-depth discussion, even for this study more fully

    described on the all lacking. This paper attempts to right this study the basic ideas and main conclusions for a full description, and its shortcomings, and may have inspired our country to make a preliminary analysis of the value, with a view to the death penalty and the whole of

    our criminal justice system research and reform and improved benefits.

     A study of the background and overview

     Since the late 70s of last century to the mid-90s, the U.S. crime

    rate has been rising. The deterioration of social order, aroused the

    public's fear of crime in favor of the death penalty, the number of follow up. According to Gallup poll, in 1978, the United States about 62% of the people in favor of the application of the death penalty, by 1994, the proportion soared to 80% [3]. As a response to public opinion, the U.S. Federal Congress expanded the scope of application of the death penalty, to the mid-90s of the last century, the U.S. Federal applicable to death was extended to 60 more. In addition, some states also by limiting the

    convicted person the right to appeal ? to speed up the implementation of

    the death penalty, an attempt to strengthen the function of the death penalty for a crime deterrent.

     After the mid-90s of last century, the U.S. social security has

    improved, a vicious crime rate decreased year by year, combined with In the meantime, innocent people executed in the forthcoming reports of the former was found guilty repeatedly hit the newspapers, ? and thus the

    public's attitude toward the death penalty subtle changes have taken

    place. According to Gallup poll, in 2000, the American public support for capital punishment rate has dropped to 66% [3], which is the lowest since 1981. In this context, the United States emerged in the political and the legal profession and advocates reform of the death penalty to reflect the wave. The spring of 2000 and winter of 2001, the United States retain the death penalty in 38 states, 37 states (excluding Kansas) discussing the development of legal restrictions on the application of the death penalty.

    By early 2002, has had at least 21 states have passed similar legislation. New Hampshire, Oregon has also launched a massive campaign to abolish the death penalty [4] (P.1843). In January 2000, Illinois Gov. George H. Ryan

    (George Ryan) in the overwhelming majority of voters support a moratorium on the (moratorium) to death [4] (P.1842), and all of the state's 167

death row were commuted to life imprisonment.

     In this context, the states have to promote the study of the death

    penalty. Nebraska Legislature ordered the establishment of a panel to conduct a comprehensive study of the death penalty. Nevada House of Representatives passed a bill proposed and eventually decided to set up a committee to apply the death penalty state to conduct a comprehensive

    study; the House of Representatives would recommend that the Commission consider expanding the scope of DNA testing (better for criminals to clarify the alleged offender), and the prohibition of minor mental disorders and the possibility of applying the death penalty. In many other states, such as Arizona, Connecticut, Illinois, Indiana, Maryland, Nebraska, New Jersey, North Carolina, Virginia and so on, also have to promote the study of the death penalty. In this process, the United States

    Federal Ministry of Justice commissioned the Columbia University School of Law, the application of the death penalty to the U.S. study. ? The study

    was conducted in the United States against the death penalty the most complete in a statistical research on the subject for the January 1, 1973 ? to October 2, 1995 between the United States for 23 years the application of the death penalty. The study by Columbia University Law School James S * Libman (James S. Liebman) chaired professor at Columbia

    University Law School, many professors and Ph.D. students are involved in this research project. In addition, since the study involved a large number of sociological and statistical research methods, so many sociological and professors and Ph.D. in statistics also participated in

    the study. In this study, the central role of the inter Libman professor, there are at Columbia University Law School professor Jeffrey Fagan (Jeffrey Fagan), Columbia University, Professor of Statistics安德鲁格尔曼

    (Andrew Gelman), La Rutgers University, College of Criminal Justice PhD

    斯戴维斯(Garth Davies), Department of Sociology, New York University doctoral student瓦莱丽韦斯特(Valerie West), Department of Biostatistics

    at Columbia University doctoral student Alexander the base Sri Lanka

    (Alexander Kiss) and so on.

     This study was officially launched in 1995, ends in 2002, and it took 7 years. Study includes two phases: first phase from 1995 to June 2000, the second stage, from June 2000 to February 2002. The first phase is completed, the research team presented a paper on "the collapse of the system: from 1975 to 1995 the death penalty misjudgment rate" (hereinafter referred to as the "Report ?") study, ? the end of the second phase of

    the research team presented a paper on "the collapse of the system (?):

    Why are so many death penalty cases, the error should be how to deal with? "(Hereinafter referred to as the" Report ? ") study. "Report ?" major

    miscarriage of justice on U.S. death penalty, the status of full 179, plus appendices, 270 pages, nearly 450 pages. "Report ?" major miscarriage of

    justice on U.S. death penalty, the causes and countermeasures, full text of 428, plus appendices 208, a total of more than 600 pages. ?

     Second, the status of the death penalty miscarriage of justice

     United States federal system, states to set up and trial-level court

    systems there is a big difference. In general, in the United States, criminal suspects and defendants in criminal proceedings may be given the triple benefits: first, direct appeal (Direct Appeal), that is, the

    defense to cases there is an error on the referees in the physical state of the grounds for the Court of Appeal , the state Supreme Court or the Federal Supreme Court to review the case; second, state post-conviction

    relief (State Post-Conviction), which is the defense of constitutional rights have been violated by state court on grounds require re-examination

    of the case; 3 apply for the federal Habeas Corpus (Federal Habeas Corpus), which is the defense of constitutional rights have been violated

    in order to ask the Federal Court on grounds of case re-examined.

     Since 1972, the U.S. Supreme Court abolished the death penalty after the federal and state of all legislation to achieve the death penalty after innovation, ? the United States, 34 states had been sentenced to death, but there are six states ? not a criminal case brought across

    state lines post-conviction relief procedures, and federal habeas corpus proceedings, in studying the miscarriage of justice in the death penalty

    does not have representative, and thus the researchers mainly to the additional 28 referees overturned the death penalty rate in the state statistics. From 1973 to 1995, these 28 states made the death penalty decision, a total of 4364 direct appeal has been filed, after re-trial,

    1782 because of a serious error (serious error) ? was overthrown, reverse

    rate of about 41%. (11) in the direct appeal process had not been overthrown in the 2582 death sentences, there are at least 248 in the

    subsequent post-conviction relief proceedings in the state was overthrown, overthrow of at least about 10%. In the direct appeal and state post-

    conviction relief proceedings in the case has not been overthrown, has filed the federal habeas corpus proceedings are 598, after the overthrow

    of the trial there were 240 to overthrow the rate of about 40%. State conviction relief program to overthrow the rate of 10%, which 10% is relative to the direct appeal in the previous proceedings had not been overthrown 59% (100% -41%) of the death penalty, referee for the purposes of comparison with all the death sentences , the reverse rate of 5.9% (59% × 10%), about 6%. Similarly, the federal habeas corpus proceedings to overthrow the rate of 40%, which 40% is relative to the direct appeal

    process in the previous state post-conviction relief proceedings has not

    been overthrown 53% (100% -41% -6%) referee for the purposes of the death penalty, compared to all the death sentences, the reverse rate was 21% (53% × 40%). Overturn the death rate of three-phase additive (41% 6%

    21%), the total overthrow the rate was 68%. This means that the nation's death penalty cases, 68% of the first instance decision in the subsequent relief program was overthrown, that is, for every 10 death sentences in an

    average of about 7 will be overturned.

     From the state perspective, the judges overturned the death penalty rate is very high. Be able to calculate the rate in the overthrow of the 26 states, (12) 92% of the states (24 states) to overthrow the rate of

    more than 50%, 85% of the states (22 states) to overthrow the rate of more

    than 60%, 62% of the states (16 states) to overthrow the rate of more than 70%, 35% of the states (9 states) to overthrow the rate of over 80%, 15% of the states (four states) to overthrow the rate of over 90%. In addition, 12% of the states (three states) to overthrow the rate as high as 100%. In particular, the reverse rate of 100% of the three states are: Kentucky, Maryland, Tennessee. Reverse rate of 90-99% are between a State:

    Mississippi (91%). To overthrow the rate of 80-89% are among the five

    states: Wyoming (89%), California (87%), Montana (87%), Idaho (82%), Georgia (80%). Reverse rate of 70-79% are among the seven states: Arizona

    (79%), Alabama (77%), Indiana (75%), Oklahoma State (75%), Florida states (73%), North Carolina (71%), Arkansas (70%). Reverse rate of 60-69%

    between the 6 states: Nevada (68%), South Carolina (67%), Utah (67%), Illinois (64%), Nebraska (65%), Louisiana (64%). To overthrow the rate of

    50% to 59% have two states: Pennsylvania (57%), Texas (52%). Virginia and Missouri, to overthrow the rate is relatively low, both at 50% or less, where the overthrow of Virginia, the lowest rate for 18%, followed by Missouri, to overthrow the rate for the 32%. (13)

     From the vertical perspective, from 1973 to 1995 for 23 years, the United States to overthrow the rate of death sentences have been very high. In the direct appeal stage, to overthrow the rate has been maintained at above 30%, of which there are three years (1973, 1975, 1979) only in this one stage, to overthrow the rate of more than 60%. (14) in the federal habeas corpus proceedings, except for two years (1993, 1994), the in other years, to overthrow the rate has been above 30%, of which

    there are three years (1980, 1981, 1982 ) up to 70% or more, there is one year (1980) up to 80%. (15) in the state post-conviction relief

    proceedings, although the reverse rate is relatively low (below 5% in most years), but from 1975 to 1995, the overthrow of a steady upward trend is

    clear, since 1987 after the overthrow of the rate of has remained at 10% or more, from 1987 to 1995 nine years, has 8 years to overthrow the rate of 15% or more, and three years to overthrow the rate as high as 20% or more, as well as two years to overthrow the rate as high as 25%. (16)

     Third, the causes of wrongful death penalty

     (A) direct factor

     A direct factor leading to the death penalty miscarriage of justice is very complicated. Findings from the project point of view, mainly in

    the following four aspects:

     One is the defense counsel failed to fulfill their responsibilities should be the defense. If not collected to prove that the suspect, the defendant does not constitute a crime or evidence of the death penalty

    should not be on the favorable to the defense witnesses to testify in court to inform the judge failed to apply for the prosecution of false evidence or false can not immediately filed in the trial, the prosecution

    or the judge in violation of the statutory procedures had failed to timely objection, and so on. The second is the tendency of police and prosecutors choose to pursue or too strong. Such as police, prosecutors do not collect or even deliberately concealed in favor of the suspect, the defendant's

    evidence, not to show the defense can prove that the suspect, the defendant not guilty, or not to impose the death penalty, evidence presented in court, according to the law intentionally not produce evidence against the defendant is prohibited by law published negative

    comments, and so on. Third, the judge or misconduct. If a judge to prohibit the illegal benefit of the defense to produce evidence of the accused to prohibit the defense is not conducive to the side and cross-

    examination of witnesses, the jury instructions on the defendant negative, and so on. Among them, the rights of the defense is the most serious damage to judge whether a defendant constitutes a crime and whether they should be sentenced to death (17) to the jury instructions (instructions)

    when there is a serious error, leading to the jury will be not guilty or no evidence of were found guilty of a crime. Fourth, the presence of the judge and jury accused a negative bias. If some judges deliberate exclusion of black jurors outside of the candidate.

     Because at different stages, the Court examined there are certain differences in emphasis, which in different relief programs, these factors led to the death penalty of various factors such miscarriage of justice in the proportion varied. At the state post-conviction relief proceedings,

    80% of the cases (18) because of these factors lead to conviction was reversed. Among them, the greatest impact on the cases of referee is a lawyer to defend the quality of, 39% of the cases because the defense

    counsel failed to fulfill their responsibilities should result in the defense of the accused have been wrongly sentenced to death. Followed by the police and prosecutors, professional attitude, 19% of the cases because the prosecution deliberately excluded from a criminal suspect can prove that the defendant not guilty, or not to impose the death penalty, evidence or any other breach of statutory procedures for the conduct leading to cases of mistaken sentence. Parallel with this is the judge's

    behavior, with the first two factors, like, 19% of the cases because the judge instructed the jury when there is a serious error, leading to referee eventually be overthrown. Finally, professional attitude of judges and jurors, 4% of the cases because the judge and jury there is a negative bias against the accused caused the defendant was incorrectly sentenced to death. (19)

     In the federal habeas corpus proceedings, 74% of the cases because of the above factors have led to conviction was reversed. And in the state

    post-conviction relief process is different from the federal habeas corpus proceedings, the greatest impact on the case referee judges the adequacy of the jury's instructions, 39% of the cases because the judge instructed the jury when there is a serious error The defendant was erroneously led to the death penalty. Second, the effect of the defense lawyers, 27% of the cases as the defense counsel led to cases of serious dereliction of duty has been miscarriage of justice. Once again, professional attitude of

    the police and prosecutors, 18% of the cases because the prosecution

    deliberately withheld criminal suspects and defendants favorable evidence or any other illegal activities led to the accused have been wrongly sentenced to death. Finally, the judge and jury of professional attitude, 7% of the cases because the judge and jury there is a negative bias against the accused, such as a judge deliberately excluded from the candidate of black jurors, the lead referee eventually be overthrown. (20)

     (B) indirect factors

     Affect the rate of death penalty cases of miscarriage of justice indirect factors are extremely complicated. Research from the project point of view, there are nine main areas. The researchers used regression

    analysis of binary logic of Frost (binomial logistic regression analysis), as well as Poisson logarithmic regression analysis (Poisson logarithmic regression analysis), of these factors and the rate of death sentences overturned the relationship between the quantitative analysis.

     One is the application of the death penalty rate. Under normal circumstances, the charges and the higher the proportion of the death penalty, evidence, facts and legal aspects of the death penalty could be applied to two cases of the death penalty, the higher the ratio, the higher the rate of death sentences overturned; the other hand, charges and apply the death penalty The lower the ratio, the two could be sentenced to death in the proportion of cases of the lower rates of death sentences

    overturned the lower. In the other factors remaining unchanged, when the application of the death penalty rate (per 1,000 murders in the application of the death penalty, the number of cases) from the nation's lowest point (a, Georgia, 1995; Pennsylvania, 1979) rose to the nation's highest point (208, Idaho, 1982), the death sentences overturned the rate of nearly 5-fold (from 13% to 75%). (21)

     The second is application of detention for serious crimes, (22) the ratio of conviction and imprisonment. Under normal circumstances,

    application of detention for serious crimes, conviction and imprisonment, the higher the ratio, indicating that the state used to control and punishment of serious crime except the death penalty alternative measures

    other than the more widely; to control and punishment of serious crime of alternative measures The more widely, prosecution and judicial authorities in the prosecution and application of the death penalty to combat crime, the less pressure; prosecute allegations of judicial and application of

    the death penalty in the face of pressure from the smaller, could be sentenced to death in two cases of the death penalty in smaller proportion; two could be sentenced to death in the proportion of cases of smaller, lower rate of death sentences overturned. According to statistics, for every 100 serious crimes (23) cases were imprisoned suspects, defendants, and criminals rose from 1 to 4 people, the overthrow of the rate of death sentences dropped from 75% to 36%; for every 100

    serious crimes in the imprisoned suspects, defendants, and criminals rose to the highest point of the nation's 13 man-hours, (24) death sentences

overturned the rate will drop to 13%. (25)

     The third is the death penalty cases in the number of aggravating and

    mitigating circumstances. The death penalty is one of the most severe sanctions should only apply to a small number of the most serious crimes, thus aggravating circumstances in capital cases, the more the possibility of the death penalty conviction was reversed lower; the other hand, mitigating circumstances in capital cases, the more the possibility of the death penalty conviction was reversed and the higher. In the federal habeas corpus proceedings, on the other factors remain unchanged, each

    additional one aggravating circumstance, the death penalty decision to overthrow the rate will be reduced by 15% or more for each additional one mitigating circumstances, the death penalty decision to overthrow the rate will be increase of 15% or more. (26)

     Fourth, the amount of funding for the judiciary and the Court's workload. Under normal circumstances, the more adequate funding for the judiciary, the death penalty conviction was reversed and the lower the ratio; On the contrary, the more lack of funding for the judiciary, the death penalty conviction was reversed and the higher the ratio. In the United States applies the death penalty, 34 states, when the Government has put in the judicial funded by the average level (27) fell to the

    lowest point, the direct appeal stage of the overthrow of the rate of death sentences rose from 25% to 74%, almost tripling. (28) and the administration of justice is closely related expenses that the Court's workload. Funding does not allow an increase in judicial cases, the

    Court's workload that is the increase in the number of cases means that the Court can be assigned to each case, the funding be reduced, thus funding the administration of justice to overthrow the rate of death sentences with a negative correlation, the Court The workload and the rate of death sentences overturned a positive correlation between: the number of cases the court needs to hear the greater the higher the rate of death sentences overturned; On the contrary, the court needs to hear the fewer

    the number of cases, the lower the rate of death sentences overturned. (29)

     The five judges subject to political pressure level. In the U.S., the proportion of public support for the death penalty than the death penalty should be abolished, the proportion of judges subject to political pressure and thus the extent of the impact the higher the higher the rate of application of the death penalty. The As mentioned earlier, the higher the rate of application of the death penalty, death sentences overturned

    in the higher the rate, which the judge the extent of political pressure by the higher rate of death sentences overturned in the higher; judges subject to political pressure and influence are likely to get low, the rate of death sentences overturned the lower. In the United States applies the death penalty, 34 states, other factors remaining unchanged, when the political pressure on judges are at the lowest point, the death sentences overturned rate of 16%, when the political pressure on judges are up to

    the highest point , to increase the rate of death sentences overturned 2

times. (30)

     The sixth is the population size and population density. Population size and population density and the rate of death sentences overturned the relationship between the more complicated. In the state court decision to review the death penalty phase of the direct appeal and state post-

    conviction relief stage, the population size and population density and the rate of death sentences overturned a positive correlation between. In

    the direct appeal stage, the death penalty in the United States for the 34 states, when the population density increased from the lowest to the highest point, the rate of death sentences overturned by 16% to 60%. (31), but by the Federal Court review of death penalty cases in federal habeas corpus proceedings, the population size and population density and the rate of death sentences overturned negative correlation. In the other factors remain unchanged, when the population size and population density

    decreased from the highest to the highest low point when the rate of death sentences overturned by less than 30% to about 65%. (32), but because of the federal court system to review the cases of the death penalty in all cases, only a small component, which on all death penalty cases, population size and population density and the referee overturned the death penalty continued to show a positive correlation between the rate of. In the other factors remain unchanged, when the population size and

    population density increased from the lowest to the highest point, the rate of death sentences overturned to grow 3 to 4 times. (33)

     The seven low-income groups in proportion of the population. Under normal circumstances, the population receiving benefits and state revenues

    used to pay the higher proportion of benefits, the higher the rate of death sentences overturned; On the contrary, the population receiving benefits and state revenues used to pay benefits, the lower the proportion of , death sentences overturned the lower rate. In the United States applies the death penalty, 34 states, the federal habeas corpus stage, when the population receiving benefits and state revenues used to pay the proportion of relief rose from the lowest to the highest point, the rate

    of death sentences overturned by 20% up to 90%. (34) the proportion of low-income groups and death sentences overturned a positive correlation between the rate may be due to two reasons: First, because in comparison to whites, blacks are usually relatively low incomes and therefore a higher proportion of low-income groups usually means a higher proportion of blacks. And as the existence of deep-seated prejudices against blacks,

    blacks often are considered to be linked to violent crime, and thus the

    higher the proportion of black judges the impact of public opinion by the applicable percentage of the death penalty, the higher the rate of death sentences overturned also with the The higher. Second, because of low-

    income people are often considered more likely to commit the crime, and therefore high proportion of low-income groups will increase their high-

    income groups, the fear of crime, leading the judge to expand the scope of application of the death penalty, leading to increased rates of death

    sentences overturned.

     The eight are black in the proportion of the total population. As mentioned earlier, due to the United States, blacks are often considered to crime, particularly violent crime against whites linked so that when a

    particular region in the black proportion of the total population increases, a strong position in the political the white fear of crime of violence will increase. This kind of violence, fear of crime would be to create a strong pressure on those who should judge whether the two could

    be sentenced to death in the state cases are also sentenced to death, resulting in increased rate of death sentences overturned. In the United States applies the death penalty, 34 states, other factors remaining unchanged, when the blacks in the state's population increased from the lowest point of 0.25% (Montana, 1978) rose to the highest point of 36% ( Mississippi, 1975), the death sentences overturned the rate of increase of about 8 times. (35)

     Nine are against whites and for blacks the proportion of the murder. As for the white man's murder case ratio is almost even more than for the murder of the proportion of blacks, the white fear of crime will increase. White fear of crime increase would rise to huge pressure on the judge at

    the trial to maximize the scope of application of the death penalty, resulting in higher rates of referees overturned. In the other factors remaining unchanged, when compared against whites for the murder of blacks increased from 5% to 100%, the death sentences overturned rate will be

    increased by 1-fold; when compared against whites for the murder of blacks the proportion rose from 10% to 100%, the rate of death sentences overturned an increase of about 67%. (36)

     4, problem-solving response

     Based on these conclusions, the researchers believe that the death penalty miscarriage of justice to resolve the problem, the key is to control the amount of the death penalty. From the above result in miscarriage of justice since the death of nine indirect factors point of

    view, there are seven factors that led to the death penalty because of its extended, resulting in higher death rates of miscarriage of justice. Thus, if the scope of application of the death penalty can be effectively controlled, the above lead to the death penalty even in the presence of various factors such miscarriage of justice, does not necessarily lead to miscarriage of justice. The reason for the death penalty was far too broad application of the death penalty will lead to higher rates of miscarriage

    of justice, the key reason is the pressure generated by the above factors the judge extended the death penalty applies to a lot of evidence is not sufficient, is not a particularly serious crime can be two cases, which should be by limiting the the scope of application of the death penalty to reduce the misjudgment of the death penalty, the key is to strictly limit the application of the death penalty to those sufficient evidence of crimes is extremely serious cases. In particular, the researchers think we

    should take the following measures:

Report this document

For any questions or suggestions please email
cust-service@docsford.com