Protecting the innocent already on death row

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April 2001

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Protecting the innocent already on death row
While U.S. lawmakers remain divided over the morality of the death penalty, more than 100 members of Congress have joined together to prevent the execution of innocent people.

They reintroduced the Innocence Protection Act, a bill that languished in committee last February. The legislation aims to improve legal representation for those facing capital punishment and provide inmates access to DNA testing. When the bill was first introduced, 85 inmates had been exonerated after serving time; today the number stands at 95. Since 1993, 10 secured their release using DNA testing.

"No matter what you believe about the death penalty, no one wants to see innocent people executed," said Sen. Patrick Leahy (D-VT) at the February Catholic Social Ministry Gathering in Washington D.C. Leahy is among the 133 sponsors of the bill.

Introduced in both the House and Senate March 7, the legislation garnered support from both sides of the aisle. "I support the death penalty as the appropriate punishment for some crimes, but all responsible Americans must address the problems facing our capital punishment system," said Sen. Gordon Smith (R-OR). "The ultimate tragedy would be taking the life of a person for a crime he did not commit."

The cornerstones of the bill—its provisions for adequate counsel and DNA testing—would help prevent false convictions, say the legislation's supporters. The bill calls for a national commission to develop standards for appointing lawyers in capital cases and allocates money to help states implement those standards. Penalties for non-complying states would include cuts in federal prison funding and a greater likelihood of federal intervention in state courts.

The bill would also guarantee all inmates access to DNA testing and the chance to present the findings in court if the testing might produce evidence of innocence. In addition it would prohibit the government from destroying DNA evidence without 180 days notice to the defendant.

Other provisions include a requirement that states inform juries of all available sentencing options and an increase in the damages possible in federal cases of unjust imprisonment. The government would be liable for $50,000 a year in non-death penalty cases (up from $5,000) and $100,000 a year in capital cases.

At the Catholic Social Ministry Gathering anti-execution activists asked for support from the social justice leaders at the conference. "If we're not doing anything, then we're upholding the status quo," said Sister Helen Prejean, author of Dead Man Walking.

Peter Loge, director of the national anti-death penalty group The Justice Project, encouraged citizens to contact their senators and representatives. "Members of Congress listen to who's talking," he said. "They'd much rather hear from someone from Peoria than a lobbyist with a bad tie and a bad haircut. But if you don't talk [a lobbyist] will."—Anne Graber

More info:
The Justice Project's Innocence Protection Act press packet
Lobby for the Innocence Protection Act
The Constitution Project's Death Penalty Initiative
U.S. Catholic bishops' statement on criminal justice
"Would Jesus pull the switch?" by Sister Helen Prejean
Prodeathpenalty.com

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