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  • 15
    Dec
    2011
    4:01am, EST

    Death sentences, executions take 'historic drop,' report says

    Erik S. Lesser / AFP - Getty Images file

    A Georgia State Patrol trooper watches over demonstrators calling for Georgia state officials to halt the scheduled execution of Troy Davis on Sept. 21. The protests were unsuccessful.

    By Miranda Leitsinger, Staff Writer, NBC News

    The number of death sentences imposed in the U.S. has taken an “historic drop” -- about 75 percent -- over the last 15 years, accompanied by a nearly 60 percent decline in the number of executions, a death penalty awareness group reported Thursday.  

    The release of the annual report by the Death Penalty Information Center follows recent polls showing a withering of support for capital punishment over controversial cases like that of Troy Davis, who was executed in Georgia in September. The decline in the use of the death penalty also has likely been influenced by states’ worsening financial conditions, said Richard Dieter, the center’s executive director.


    Capital punishment was imposed in 78 cases this year, down from 315 in 1996 -- the first time that number was below 100 since the death penalty was reinstated in 1976, the report said. There were also 43 executions -- including that of Davis -- in 13 states, down from 98 in 1999, according to the report.

     

     

    Untitled Document
    Executions by state
     
    State
    2011
    2010
      Texas
    13
    17
      Alabama
    6
    5
      Ohio
    5
    8
      Georgia
    4
    2
      Arizona
    4
    1
      Oklahoma
    2
    3
      Mississippi
    2
    3
      Florida
    2
    1
      Virginia
    1
    3
      South Carolina
    1
    0
      Missouri
    1
    0
      Delaware
    1
    0
      Idaho
    1
    0
      Louisiana
    0
    1
      Utah
    0
    1
      Washington
    0
    1
      Total
    43
    46
    SOURCE: Death Penalty Information Center
    msnbc.com

    "This is a historic drop in death sentences and I think it’s indicative of deep concerns about the death penalty in the public and it’s mirrored in falling executions, falling support in polls and even in legislation which has abolished the death penalty in a number of states," Dieter said.

    Dieter was referring to the abandonment of the death penalty in Illinois, New Mexico, New Jersey and New York in recent years. Three other states – California, Connecticut and Maryland – are considering doing away with capital punishment, he said, and Oregon's governor recently declared a moratorium on executions during his tenure.

    Dieter said that the legislative action and decline in public support is the result of people being freed from death row because of DNA testing, investigative work by the media and the international outcry over the Davis case, in which seven of the nine eyewitnesses changed their stories.

    “I think that shook the confidence that some people had about the death penalty, that it really does risk innocent lives -- even though many are guilty -- there’s still the danger and so juries are returning less death sentences, prosecutors are seeking it less,” he said. “Courts are looking at these cases more closely and governors are sometimes granting clemency, all because of the doubts and disfavor of the death penalty as it has been applied in the past 10 years.”

    Texas led the way in executions in 2011 with 13, followed by Alabama at six, Ohio, 5, and Georgia and Arizona each with four. The South and West accounted for 87 percent of the death sentences, while the Midwest and Northeast made up 12 percent. Meanwhile, many death penalty states, such as Indiana, Maryland and South Carolina, did not impose it during the year, the center said.

    A Gallup poll released in mid-October showed that 61 percent of Americans approve of capital punishment as a sentence for those convicted of murder -- the lowest level of support since 1972, when the Supreme Court voided state death penalty laws since they were seen as "being infrequently applied in an unpredictable and arbitrary way," the center said. (The court allowed executions to restart in 1976 after some states revised their death penalty statutes to "limit the haphazardness of the death penalty," the center said.)

    Scott Burns, executive director of the National District Attorneys Association, said Wednesday that he “strongly” disagreed that public sentiment against the death penalty was growing.

    “I think that the numbers show that the majority of the public still believe that in those rare and outrageous cases that the death penalty is an appropriate sanction,” he said, noting that murders were down about 50 percent nationwide in the last 20 years. “One of the reasons for that, I believe, is because … the criminal justice system has done a good job at targeting those violent offenders nationwide” and handing out “long and stiff sentences.”

    “It hasn’t been a revolving door for the last 20 years, they’re out of commission and as such, crime in every category has gone down,” he added.

    Burns also noted that the number of life-without-parole sentences imposed began to grow in the late 1990s, which could account for any decrease in death sentences.

    “There were a number of states that passed … for lack of a better term, a ‘truth in sentencing’ (law), which said life or life without parole really does mean life without parole,” he said. So in those states, that "could also be a reason as (to) why we are seeing fewer death penalties. Frankly, there are some people that think it’s a more severe penalty to have somebody sit in prison for their entire life than be executed.”

    Dollars and cents were another factor contributing to states shuttering their death penalty program, Dieter said. In California, the state’s former prison director and the former prosecutor who penned California's current death penalty statute are pushing to end it, with a citizens’ initiative expected to be on the ballot next year. A recent study there found that the state has spent more than $4 billion on its capital punishment system since 1978, under which there have been 13 executions.

    “All of the states are facing the questions of cutting back on schools, libraries, even police forces and so they’re trying to find programs that are expensive and aren’t really serving the public well or aren’t working, and I think the death penalty fits into that category,” Dieter said. “This is not a system that ... makes practical sense and it’s still costly.”

    The problems with the death penalty could lead to attempts to fix the system or to abandon it entirely, said Dieter, noting his group is not necessarily opposed to capital punishment, only to what he termed its unfair and inaccurate application in the U.S. As for its future, he noted: “I think we’ll see ... not any one grand move, but probably a continuation in 2012 of declining use of the death penalty.”

    Follow @mimileitsinger

     

    352 comments

    I once read a book called The Last Face You'll Ever See: The Culture of Death Row by Ivan Soltaroff. It discusses the lives of some executioners and how they were affected by their job. It also talks about those who have been have put to death, the controversies surrounding the death penalty, and th …

    Show more
    Explore related topics: death, execution, penalty, capital, punishment, troy-davis, crime-and-courts
  • 21
    Sep
    2011
    12:15pm, EDT

    Two versions of justice in Troy Davis case

    By Thanh Truong, NBC News Correspondent

    JACKSON, Ga. – On Highway 36 in Jackson, Ga. the truck stop across from the Georgia Diagnostic Prison is a busy place. On Wednesday morning truckers were gassing up; commuters were getting their coffee. For the most part it's an average day. But at 7 p.m. this evening, death row inmate Troy Davis is scheduled to die by lethal injection inside the prison.
     
    In the days leading up to Wednesday's execution, supporters of Davis staged mass marches, protests and rallies. Those calling for a halt to his execution include everyday people, death penalty advocates and opponents alike, from President Jimmy Carter to Pope Benedict. All of them saying there's too much doubt about Davis guilt for the state to move ahead with the execution.
     
    Davis was convicted for the 1989 murder of Savannah police officer Mark MacPhail. At the time, MacPhail was off duty working a security detail. Investigators say as he got off his shift, MacPhail came across a homeless man being attacked. According to police, MacPhail went to his aid but was shot in the face and chest.

    Witnesses put Davis and another man at the Burger King parking lot in Savannah. They testified Davis was the triggerman. Prosecutors presented shell casings at the trial. They said those casings matched those of a previous shooting earlier that night. Davis was convicted in that previous shooting. In 1991, Davis was convicted for the MacPhail murder and was sentenced to death.  


    Years of appeals
    Davis has maintained his innocence through the years. Seven of the nine witnesses who testified against Davis later recanted or changed their statements. Several claimed police coercion. One of those witnesses, Jeffrey Sapp, said, "I got tired of them harassing me… I told them that Troy told me he did it, but it wasn’t true… I didn’t want to have any more problems with the cops, so I testified against Troy." 
     
    Davis' defense also claims a lack of physical evidence. The murder weapon was never recovered.  All of it was presented during previous appeals and attempts at a retrial. Those attempts failed.

    Prosecutors have been resolute. Joining them are the police and family of MacPhail. All say they have no doubt that Davis is the killer and deserves death.       

    Davis had one last chance at clemency on Monday.  The Georgia Pardons and Parole Board heard from both the defense and prosecution. On Tuesday it denied Davis clemency. With virtually all of his legal options now exhausted, Tuesday's decision was seen as the one final shot to have Davis's sentence commuted to life in prison instead of death. Georgia's governor can not intervene. 

    Two different visions of justice
    Now in a matter of hours, the years of appeals, moral debates about the death penalty and pleas from both families will come to a head. I've spoken to relatives of both Davis and MacPhail. All want justice, but their visions of justice differ. 

    Before the clemency hearing Davis's nephew, DeJuan Davis-Correia told me the justice they were seeking would help both families.

    “We have the utmost respect for that family. I also pray at night for that family. We hope they find understanding in their hearts that we are actually trying to get the wrong person out of jail and the right person in," said Davis-Correia. 

    Following Monday's hearing the family MacPhail left behind expressed their feelings. Joining his widow Joan, were his son, daughter and mother. After years of delays and hearings, they said they were thirsty for justice, not blood.

    “We have lived this for 22 years. We know what the truth is and for someone to ludicrously say he [Davis] is a victim? We are the victims. Look at us. We have put up with this stuff for 22 years and it's time for justice today," said Joan MacPhail

    Davis has declined to request a specific last meal.  

    60 comments

    I understand this is a hot topic among many folks, but the people this should effect the most (besides Troy and the family) are the ones that have recanted their stories. They supposedly lied to LEO the first time around and put this man in this position and because of those lies, no one will believ …

    Show more
    Explore related topics: execution, troy-davis, thanh-truong

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