Death Penalty

Once again, the American Bar Association (ABA) has uncovered fundamental flaws in the death penalty system of one state. The American Bar Association yesterday released a two-year study that claims there are "substantial shortcomings" in the way the state handles death penalty cases, a situation that could increase the chances of "not adequately protecting against the wrongful conviction of innocent people."

The 324-page report urged the state to preserve biological evidence for post-trial DNA tests, videotape homicide investigations and implement modern witness-lineup techniques - three procedures the ABA said would add accuracy, integrity and efficiency to a process long maligned both by proponents and opponents of the death penalty.

The ABA study, crafted by five legal professionals, including a judge and a prosecutor, also criticized the state for failing to provide adequate lawyers and investigators for poor defendants at trial.

The study also said that the state has failed to address long-alleged racial and geographic disparities between defendants sentenced for similar crimes. In 2003, a committee appointed by the state Supreme Court to study racial and gender bias found "strong indications" that Pennsylvania does not "operate in an even-handed manner."

ABA president William H. Neukom said it is "critical to correct" the problems because "it is important to have a fair and accurate process, not just for the accused but also for the victims and for the public."
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Villanova law professor Anne Bowen Poulin said, "It is important to understand that the shortcomings we identified operate with a cumulative effect. Fixing one or some of the problems will not make the system right, and it is absolutely vital to do the additional study of the system that our report calls for, so that reforms can be implemented that will provide us with real justice."

This report is similar to previous ABA assessments that found fundamental flaws in seven other states - Alabama, Arizona, Florida, Georgia, Indiana, Ohio and Tennessee. The problems inherent in each of the death penalty systems shows that the system fails to live up to the principles of fairness and justice which our criminal justice system is meant to be based on.

Although the ABA, the nation's largest lawyers' association does not have an official position on capital punishment, since 1997 it has called for a moratorium on executions "until fairness and accuracy - that is, due process - are assured in death penalty cases."

There is no question that the flaws addressed by the ABA needs to be thoroughly addressed since six people who were sentenced to death in Pennsylvania have been exonerated and 225 inmates are sitting on Pennsylvania's death row. More specifically, Pennsylvania has carried out only three executions since it reinstated the death penalty in 1978 and the prisoners have all been ‘volunteers' who waived their appeals.

The state of Pennsylvania needs to embrace the sweeping changes recommended by the ABA and place a moratorium on executions. I dont know how many flaws we need to uncover before we realise that it would be unconscionable to continue with executions .

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