FEATURED POST

Will the Supreme Court Kill The Death Penalty This Term?

Image
Will the U.S. Supreme Court add the fate of the death penalty to a term already fraught with hot-button issues like partisan gerrymandering, warrantless surveillance, and a host of contentious First Amendment disputes?
That’s the hope of an ambitious Supreme Court petition seeking to abolish the ultimate punishment. But it runs headlong into the fact that only two justices have squarely called for a reexamination of the death penalty’s constitutionality.
Abel Hidalgo challenges Arizona’s capital punishment system—which sweeps too broadly, he says, because the state’s “aggravating factors” make 99 percent of first-degree murderers death-eligible—as well as the death penalty itself, arguing it’s cruel and unusual punishment.
He’s represented by former acting U.S. Solicitor General Neal Katyal—among the most successful Supreme Court practitioners last term. Hidalgo also has the support of several outside groups who filed amicus briefs on his behalf, notably one from a group including Ari…

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)

No Second Chances: What to Do After a Botched Execution

Iran: Prisoner Hanged in Public

Cruel and Unusual: A Second Failed Execution in Ohio

Record 11 Taiwanese sentenced to death in Indonesia for drug crimes

South Carolina's 1st execution in 6 years set for Dec. 1

Former Virginia death row inmate Joseph Giarratano granted parole

Nevada releases detailed manual on how it plans to execute death row inmate

Nevada refuses Pfizer demand to return drugs state plans to use in execution

Too Old and Too Sick to Execute? No Such Thing in Ohio.

Charles Manson Was Sentenced to Death. Why Wasn't He Executed?