FEATURED POST

America Is Stuck With the Death Penalty for (At Least) a Generation

Image
With Justice Anthony Kennedy's retirement, the national fight to abolish capital punishment will have to go local.
When the Supreme Court revived capital punishment in 1976, just four years after de facto abolishing it, the justices effectively took ownership of the American death penalty and all its outcomes. They have spent the decades since then setting its legal and constitutional parameters, supervising its general implementation, sanctioning its use in specific cases, and brushing aside concerns about its many flaws.
That unusual role in the American legal system is about to change. With Justice Anthony Kennedy’s retirement from the court this summer, the Supreme Court will lose a heterodox jurist whose willingness to cross ideological divides made him the deciding factor in many legal battles. In cases involving the Eighth Amendment’s prohibition against cruel and unusual punishment, his judgment often meant the difference between life and death for hundreds of death-row pr…

Texas: Austin Scrambles with Fallout of Closed DNA Lab

More than a month after the Austin Police Department was forced to abruptly shut down its DNA testing lab, it remains unclear whether any criminal convictions will be thrown out because of improper testing. In the meantime, the city has arranged interim lab arrangements and is trying to cut down on a backlog of pending cases, according to officials.

In June, the Texas Forensic Science Commission told the department its audit had found that untrained staff and improper testing procedures raised concerns about the scientific validity of the lab's DNA test results. In an audit report released earlier this month, the commission did not comment on the possibility that the errors might have led to wrongful convictions.

The Travis County District Attorney's Office and Lynn Garcia, the commission's general counsel, declined to say if a systematic review of cases is being undertaken.

While the city seeks a new lab director and retrains staff, the state Department of Public Safety's lab has temporarily taken over some cases. Other work may be sent to private labs, officials said. The police department, DPS and the district attorney's office declined to answer specific questions about the closure. With the lab expected to remain closed for up to a year, experts say trials could be slowed down for some defendants waiting in jail, especially those who cannot afford lawyers.

“It’s also worrisome and devastating for cases where the primary evidence was DNA testing,” said Chris Perri, an Austin-based criminal defense attorney. “So there might be probably some wrongful convictions out there, but it’s like finding a needle in a haystack. They have a lot of work to go through, review every record and see which cases were the ones where DNA was the primary evidence.”

Last year, the Federal Bureau of Investigation alerted crime labs across the country that they were using obsolete methods to examine DNA samples containing genetic materials from multiple people. Some laboratories in Texas switched to a more conservative analytical approach, but the Austin crime lab struggled to adopt updated protocols, according to the audit.

Click here to read the full article

Source: Texas Tribune, Khorri Atkinson, July 30, 2016

⚑ | Report an error, an omission; suggest a story or a new angle to an existing story; send a submission; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!
"One is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted." - Oscar Wilde

Most Viewed (Last 7 Days)

Texas: With a man's execution days away, his victims react with fury or forgiveness

Texas executes Christopher Young

Ohio executes Robert Van Hook

Saudi Arabia executes seven people in one day

20 Minutes to Death: Record of the Last Execution in France

Ex-Aum member Yoshihiro Inoue’s last words: ‘I didn’t expect things to turn out this way’

Execution date pushed back for Texas 7 escapee after paperwork error on death warrant

Texas Board of Pardons and Paroles rejects clemency for Chris Young

Ohio Governor commutes one sentence, delays another

Oklahoma: Death row inmate’s legal team hopes DNA testing on key piece of evidence will exonerate him before execution