Wrongful execution

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Wrongful execution is a miscarriage of justice occurring when an innocent person is put to death by capital punishment, the "death penalty." Cases of wrongful execution are cited as an argument by opponents of capital punishment.[1]

A number of people are claimed to have been innocent victims of the death penalty.[2][3] Newly-available DNA evidence has allowed the exoneration and release of more than 15 death row inmates since 1992 in the United States,[4] but DNA evidence is available in only a fraction of capital cases. Others have been released on the basis of weak cases against them, sometimes involving prosecutorial misconduct; resulting in acquittal at retrial, charges dropped, or innocence-based pardons. The Death Penalty Information Center (U.S.) has published a list of 8 inmates "executed but possibly innocent".[5] At least 39 executions are claimed to have been carried out in the U.S. in the face of evidence of innocence or serious doubt about guilt.[6]

In the UK, reviews prompted by the Criminal Cases Review Commission have resulted in one pardon and three exonerations for people executed between 1950 and 1953 (when the execution rate in England and Wales averaged 17 per year), with compensation being paid.

Contents

Specific examples

China and Taiwan

Wei Qingan (Chinese: 魏清安, ?-1984, 23 years old) was a Chinese citizen who was executed for the rape of Liu, a woman who had disappeared. The execution was carried out on 3 May 1984 by the Intermediate People's court. In the next month, Tian Yuxiu (田玉修) was arrested and admitted that he had committed the rape. Three years later, Wei was officially declared innocent.[7]

Teng Xingshan (Chinese: 滕兴善, ?-1989) was a Chinese citizen who was executed for supposedly having raped, robbed and murdered Shi Xiaorong (石小荣), a woman who had disappeared. An old man found a dismembered body, and incompetent police forensics claimed to have matched the body to the photo of the missing Shi Xiaorong. The execution was carried out on 28 January 1989 by the Huaihua Intermediate People's court. In 1993, the previously missing woman returned to the village, saying she had been kidnapped to Shandong. The absolute innocence of the wrongfully executed Teng was not admitted until 2005.[8]

Nie Shubin (Chinese: 聂树斌, 1974-1995) was a Chinese citizen who was executed for the rape and murder of Kang Juhua (康菊花), a woman in her thirties. The execution was carried out on April 27, 1995 by the Shijiazhuang Intermediate People's court. In 2005, ten years after the execution, Wang Shujin (Chinese: 王书金) admitted to the police that, in fact, he had committed the murder.[9][10]

Qoγsiletu (Mongolian:ᠺᠥᠭᠰᠢᠯᠠᠲᠦ, Chinese:呼格吉勒图, 1977-1996) was an Inner Mongolian who was executed for the rape and murder of a young girl on June 10, 1996. On December 5, 2006, ten years after the execution, Zhao Zhihong (Chinese: 赵志红) wrote the Petition of my Death Penalty admitting that, in fact, he had committed the crime.

Jiang Guoqing (Chinese: 江國慶, 1975-1997) was a Taiwanese soldier who was executed by a military tribunal on August 13, 1997 for the rape and murder of a five-year-old girl. On January 28, 2011, over 13 years after the execution, Xu Rongzhou (Chinese: 許榮洲) admitted to the prosecutor that he had been responsible for the crime.

United Kingdom

Timothy Evans was tried and executed in 1950 for the murder of his baby daughter Geraldine. An official inquiry conducted 16 years later determined that it was Evans's fellow tenant, serial killer John Reginald Halliday Christie, who was responsible for the murder. Christie also admitted to the murder of Evans's wife, as well as five other women and his own wife. Christie may have murdered other women, judging by evidence found in his possession at the time of his arrest, but it was never pursued by the police. Evans was posthumously pardoned in 1966. The case had prompted the abolition of capital punishment in the UK in 1965.

Derek Bentley was a mentally challenged young man who was executed in 1953, also in the United Kingdom. He was convicted of the murder of a police officer during an attempted robbery, despite the facts that it was his accomplice who fired the gun and that Bentley was already under arrest at the time of the shooting. The accomplice who actually fired the fatal shot could not be executed due to his young age.[11]

United States

Johnny Frank Garrett of Texas was executed for allegedly raping and murdering a nun. Evidence and testimony originally suggested that a Cuban individual was the culprit before Frank became the main suspect. The flawed case is explored in a 2008 documentary The Last Word.

Carlos DeLuna was executed in Texas in December 1989. Subsequent investigation cast doubt on DeLuna's culpability for the murder of which he had been convicted.[12]

Thomas and Meeks Griffin were executed in 1915 for the murder of a man involved in an interracial affair two years previously but were pardoned 94 years after execution. It is thought that they were arrested and charged because they were not wealthy enough to hire competent legal counsel and get an acquittal.[13]

Chipita Rodriguez was hanged in San Patricio County, Texas in 1863 for murdering a horse trader, and 122 years later, the Texas Legislature passed a resolution exonerating her.

Exonerations and pardons

Kirk Bloodsworth was the first American to be freed from death row as a result of exoneration by DNA fingerprinting. Ray Krone is the 100th American to have been sentenced to death and then later exonerated.

In the UK, reviews prompted by the Criminal Cases Review Commission have resulted in one pardon and three exonerations for people that were executed between 1950 and 1953 (when the execution rate in England and Wales averaged 17 per year), with compensation being paid. Timothy Evans was granted a posthumous free pardon in 1966. Mahmood Hussein Mattan was convicted in 1952 and was the last person to be hanged in Cardiff, Wales, but had his conviction quashed in 1998. George Kelly was hanged at Liverpool in 1950, but had his conviction quashed by the Court of Appeal in June 2003.[14] Derek Bentley had his conviction quashed in 1998 with the appeal trial judge, Lord Bingham, noting that the original trial judge, Lord Goddard, had denied the defendant "the fair trial which is the birthright of every British citizen."

Colin Campbell Ross (1892 — 1922) was an Australian wine-bar owner executed for the rape and murder of a child which became known as The Gun Alley Murder, despite there being evidence that he was innocent. Following his execution, efforts were made to clear his name, and in the 1990s old evidence was re-examined with modern forensic techniques which supported the view that Ross was innocent. In 2006 an appeal for mercy was made to Victoria's Chief Justice and on 27 May 2008, the Victorian government pardoned Ross in what is believed to be an Australian legal first.[15]

U.S. Mental health controversy

There has been much debate about the justification of imposing capital punishment on individuals who have been diagnosed with mental retardation. Some have argued that the execution of people with mental retardation constitutes cruel and unusual punishment as it pertains to the Eighth Amendment to the United States Constitution.[16] And while the U.S. Supreme Court has interpreted cruel and unusual punishment to include those that fail to take into account the defendant’s degree of criminal culpability, it has not determined that executing the mentally retarded constitutes cruel and unusual punishment.

This issue was addressed in the case of Penry v. Lynaugh, in which Johnny Paul Penry had filed a habeas corpus petition in federal district court that claimed his death sentence should be vacated because it violated his Eighth Amendment rights. His reasoning was that he suffered from mental retardation, and numerous psychologists had confirmed this to be factual, indicating that his IQ ranged from 50 to 63 and that he possessed the mental abilities of a six and a half-year-old.[16] Penry’s petition was denied by the district court, whose decision was subsequently affirmed by the Fifth Circuit Court of Appeals. Penry would later appeal to the U.S. Supreme Court, who ultimately ruled in a five-to-four decision that the Eighth Amendment to the United States Constitution did not categorically prohibit the execution of persons with mental retardation. Following the 1989 Penry ruling, sixteen states as well as the federal government passed legislation that banned the execution of offenders with mental retardation.[16]

Penry was overruled by Atkins v. Virginia.

See also

References

  1. ^ "Innocence and the Death Penalty" at Death Penalty Information Center (U.S.).
  2. ^ William Kreuter, "The Innocent Executed" at Justice Denied, the Magazine for the Wrongly Convicted.
  3. ^ Karl Keys, "Thirty Years of Executions with Reasonable Doubts: A Brief Analysis of Some Modern Executions", Capital Defense Weekly, 2001.
  4. ^ E.g."After 21 Years in Prison - including 16 on Death Row - Curtis McCarty is Exonerated Based on DNA Evidence", The Innocence Project press release, May 11, 2007.
  5. ^ "Executed But Possibly Innocent" at Death Penalty Information Center.
  6. ^ "Executing the Innocent", Northwestern Univ. School of Law Center on Wrongful Convictions.
  7. ^ http://news.9ask.cn/Article/sdzz/201007/830981.shtml
  8. ^ http://news.sohu.com/20060214/n241816037.shtml
  9. ^ http://www.zwjkey.com/onews.asp?Id=1387
  10. ^ http://www.infzm.com/content/69228
  11. ^ Yallop, David (1991). To Encourage The Others. New York: Bantam Books. ISBN 978-0-552-13451-4
  12. ^ Pilkington, Ed (15 May 2012) The wrong Carlos: how Texas sent an innocent man to his death The Guardian, Retrieved 15 May 2012
  13. ^ "Tom Joyner gets justice for electrocuted kin, 94 years later - CNN.com". CNN. October 15, 2009. http://www.cnn.com/2009/CRIME/10/15/south.carolina.pardon/index.html.
  14. ^ George Kelly exonerated 53 years after being executed
  15. ^ The Age: Ross cleared of murder nearly 90 years ago. Retrieved 27 May 2008.
  16. ^ a b c Scott, Charles (1 Jan. 2003). "Atkins v. Virginia: Execution of Mentally Retarded Defendants Revisited.". The Journal of the American Academy of Psychiatry and the Law 31 (1): 101–104.

External links