death penalty news April 8, 2005
USA: Congress Should Not Expand the Death Penalty Joint Letter Opposing Capital Sentencing Provisions in H.R. 1279 April 4, 2005 The Honorable Howard Coble Chair, Judiciary Committee Crime, Terrorism, and Homeland Security Subcommittee House of Representatives Washington, DC 20515 The Honorable Robert C. Scott Ranking Member, Judiciary Committee Crime, Terrorism, and Homeland Security Subcommittee House of Representatives Washington, DC 20515 Re: H.R. 1279, The Gang Deterrence and Community Protection Act of 2005. Dear Representatives Coble and Scott: The undersigned organizations write to oppose the capital sentencing provisions in the Gang Deterrence and Community Protection Act of 2005 (H.R. 1279), which is scheduled for a hearing and markup on April 5. This bill would unwisely create several new death-eligible offenses and increase the penalty for some existing crimes to death, at a time of growing concern regarding the fairness and reliability of our nation's capital punishment system. Further, it grossly expands venue in capital cases so that crimes need not be prosecuted in the jurisdiction where they occurred, raising troubling questions of whether accused persons would have a fair trial by a jury of his or her peers. The increasing numbers of innocent people released from death row illustrates the fallibility of this system. Last year, a University of Michigan study identified 199 murder exonerations since 1989, 73 of them in capital cases. The same study found that death row inmates represent a quarter of 1 percent of the prison population but 22 percent of the exonerated. Since 1973, 119 innocent people have been released from death row. The death penalty is also racially and economically discriminatory. After its careful study of the death penalty in the United States, the United Nations' Human Rights Commission in 1998 issued a report which rightly concludes: "Race, ethnic origin and economic status appear to be key determinants of who will, and who will not, receive a sentence of death." These problems are not confined to state systems; a recent Department of Justice survey documents racial, ethnic and geographic disparity in the charging of federal capital cases. Indeed, the review found that in 75 percent of the cases in which a federal prosecutor sought the death penalty, the defendant was a member of a minority group. The explanation for these extremely troubling disparities is unclear, but the possibility of discrimination and bias cannot be ruled out. We are also concerned that, in creating new federal death-eligible offenses out of traditional state crimes, the law will flout evolving community standards regarding the appropriateness of the death penalty for certain offenses. In contrast to the trend in many states, federal prosecutors appear to be seeking the death penalty more often than they did in the past. The expansive language of H.R. 1279 will only exacerbate these problems. This bill is so broadly drawn as to create death-eligible offenses in a wide range of crimes in which death occurs. This runs counter to Supreme Court jurisprudence that requires death penalty statutes to be narrowly drawn so that only the "worst of the worst" offenders are sentenced to death. H.R. 1279 also expands venue in capital cases, making any location even tangentially related to the crime a possible site for the trial. This change in law will increase the inequities that already exist in the federal death penalty system, giving prosecutors tremendous discretion to "forum shop" for the most death-friendly jurisdiction in which to try their case. The ability of federal prosecutors to choose their venue, across a wide range of possible states and jurisdictions, will lead to an increase in the racial and geographic disparities already at play in the federal death penalty system. For these reasons, we urge you to amend H.R. 1279 to eliminate the federal death-eligible offenses and to eliminate Section 110 that expands venue in capital cases. Thank you very much for your attention to this important matter. Respectfully Submitted, Laura W. Murphy Director American Civil Liberties Union Washington Legislative Office Tonya McClary Director of the Criminal Justice Program American Friends Service Committee Alexandra Arriaga Director of Governmental Relations Amnesty International USA Rabbi Marla Feldman Director Commission on Social Action of Reform Judaism Mike Farrell President Death Penalty Focus Shari Silberstein Co-Director Equal Justice USA/Quixote Center Jamie Fellner, Esq. Director, U.S. Program Human Rights Watch Wade Henderson Executive Director Leadership Conference on Civil Rights Renny Cushing Executive Director Murder Victims' Families for Human Rights Hilary Shelton Director NAACP Washington Bureau Barry C. Scheck President National Association of Criminal Defense Lawyers Diann Rust-Tierney Executive Director National Coalition to Abolish the Death Penalty Jenni Gainsborough Director, Washington Office Penal Reform International Steve Hall Director StandDown Texas Project (source: Human Rights Watch) FLORIDA: Florida Seeking Death Penalty For Christopher Popjes Jacksonville, FL - The two men charged in the death of a 14-year old Florida boy could get the death penalty. This morning, a Florida grand jury decided to charge Christopher Popjes, formerly known as Christopher Buist, on 1st degree murder charges. Meanwhile, West Michigan native William Popjes was arraigned today. He pled not guilty. The state of Florida decided to seek the death penalty for both. The pair will be in court again next month. (source: wzzm13.com)
