NCJ Number
196381
Date Published
2001
Length
85 pages
Annotation
This document provides recommendations for reform of the death penalty in the United States.
Abstract
In May 2000, the Constitution Project created a death penalty initiative to address the disturbing risk that Americans are being wrongfully convicted of capital crimes or wrongfully sentenced to death. DNA evidence has illuminated some of the criminal justice system’s failings. It was concluded that the current system does not serve victims, defendants, or society adequately. Recommendations include training and setting minimum standards for capital defense lawyers, and prohibiting execution in cases involving questionable categories of defendants and homicides. Life without the possibility of parole should be a sentencing option in all death penalty cases. All jurisdictions that impose the death penalty should create mechanisms to help ensure that the death penalty is not imposed in a racially discriminatory manner. The judge should inform the jury about all statutorily authorized sentencing options, including the true length of a sentence of life without parole. All jurisdictions that impose capital punishment should ensure adequate mechanisms for introducing newly discovered evidence that would more likely than not produce a different outcome at trial. The judge should not be allowed to override a jury’s recommendation of a life sentence. The judge should instruct the jury that lingering doubt about the defendant’s guilt could be considered as a mitigating circumstance that weighs against the death penalty. Prosecutors should provide “open-file discovery” to the defense in death penalty cases; establish internal guidelines that are built exclusively on types of evidence; and should engage in a period of reflection before any decision to seek the death penalty is made or announced. Appendix