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Anthony Ray Hinton Spent Almost 30 Years on Death Row. Now He Has a Message for White America.

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Anthony Ray Hinton was mowing the lawn at his mother's house in 1985 when Alabama police came to arrest him for 2 murders he did not commit. One took place when he was working the night shift at a Birmingham warehouse. Yet the state won a death sentence, based on 2 bullets it falsely claimed matched a gun found at his mother's home. In his powerful new memoir, "The Sun Does Shine: How I Found Life and Freedom on Death Row," Hinton describes how racism and a system stacked against the poor were the driving forces behind his conviction. He also writes about the unique and unexpected bonds that can form on death row, and in particular about his relationship with Henry Hays, a former Klansman sentenced to death for a notorious lynching in 1981. Hays died in the electric chair in 1997 - 1 of 54 people executed in Alabama while Hinton was on death row.
After almost 30 years, Hinton was finally exonerated in 2015, thanks to the Equal Justice Initiative, or EJI. On April 27…

Dylann Roof Wants The Jury Reminded They Are Never Required To Impose The Death Penalty

Dylann Roof
Dylann Roof
Lawyers for the accused Charleston shooter responded to the prosecutors' motion to limit his use of a "mercy" defense at trial.

Dylann Roof's defense attorney responded this week to the prosecution's request that the court limit the accused Charleston church shooter's use of a "mercy" defense when he goes on trial for the killing of 9 people on June 17, 2015 inside the Emanuel AME church.

The main point being debated by each side in the case is whether or not it is appropriate for the judge to instruct the jury that each juror is by law never required to impose a sentence of death in any case. 

The prosecution's position is that mercy may enter into the debate over Roof's sentence as a possible mitigating factor to be discussed during the sentencing phase of the trial, should Roof be convicted, but not before.

Roof's attorneys write that in their motion the government "conflates 2 distinct concepts in federal capital jury instruction."

'[F]irst, that the [Federal Death Penalty Act], by its terms, never requires a jury to impose a death sentence prior to discretionary finding that any aggravating factors sufficiently outweigh the mitigating factors," Roof's attorneys write. "[A]nd 2nd, the separate argument that, following the weighing process and a finding that the death penalty is justified, jurors should be permitted to exercise mercy and impose a sentence of life without the possibility of release."

Roof's attorneys add that the jurors need to be instructed on this point that a death sentence is never required of them in order to avoid confusion or an assumption that "the law will have determined in advance what crimes and offenders are to be punished by death."

"This persistent and widespread confusion should not come as a complete surprise," the attorneys write. "Few jurors - or judges, for that matter - will be glad to learn that the life of a fellow human being has been consigned to their discretionary moral judgement. Faced with this prospect, it is simpler to believe - even if it is not true - that the law itself provides the answer to the momentous question of life and death."

Earlier this week, the federal judge in the case ordered that jury selection will begin on Sept. 26 with 3,000 prospective jurors asked to appear at the district courthouse in Charleston. 

Phase one of jury selection will involve filling out a questionnaire that will include a list of possible witnesses - prospective jurors who know these witnesses will be excused. The questioning of individuals jurors has been tentatively scheduled for Nov. 7.

Roof's attorneys write that they intend to include an instruction to jurors stating that they are not required to impose the death penalty in any case when they submit their proposed jury instructions on Oct. 11.

Source: BuzzFeedNews, September 17, 2016

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Anthony Ray Hinton Spent Almost 30 Years on Death Row. Now He Has a Message for White America.