Study: Prosecutorial Misconduct Helped Secure 550 Wrongful Death Penalty Convictions

[Nevilledog]

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Robyn Pennacchia
@RobynElyse
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Call me crazy, but I just think that if you get something wrong 550 times, deliberately, you should maybe not get to do that thing anymore.

wonkette.com
Study: Prosecutorial Misconduct Helped Secure 550 Wrongful Death Penalty Convictions
End the death penalty now.
3:28 PM · Jul 8, 2022

https://www.wonkette.com/study-prosecutorial-misconduct-helped-secure-550-wrongful-death-penalty-convictions

One of the more horrific things about the United States is that we, unlike nearly every other democracy on earth, still have the death penalty.

And the really horrifying thing about that is not just that we kill people who kill people to show people that killing people is wrong ... it's that we do it despite knowing we don't always get it right.

If we were a rational nation, we would look at the sheer number of exonerations of death row inmates — at least 189 since 1973 — and we would look at those who were wrongly executed, we would look at the statistics that say that it is likely that four percent of those on Death Row are innocent and we would say "You know, maybe we are not good enough at this for such a permanent solution." Hell, even if we just got it wrong once, we should have ended it. Because how on earth do you argue that killing innocent people is so wrong that it deserves the death penalty while also potentially killing innocent people with the death penalty?

A recent study conducted by the Death Penalty Information Center has found 550 cases in which a death penalty or capital conviction was overturned after the discovery of prosecutorial misconduct — which accounts for 5.6 percent all death penalty cases imposed in the last 50 years. This means that since 1972, 8,770 people have been sentenced to death and in 550 of those cases, there was enough prosecutorial misconduct to lead to a reversal or, in 121 of those cases, a full exoneration.

Thirty-five percent of these cases were Brady violations in which the prosecutor deliberately withheld exculpatory evidence. In 33 percent of the cases, the prosecutor made an improper argument — which "encompasses situations where the prosecution makes inflammatory, inappropriate, or unconstitutional statements during the guilt or sentencing phase of the trial." Other reasons included jury discrimination, presenting false evidence (79 cases), jury discrimination (63), improper evidence (51), improper questioning (42), and violation of right to counsel (32).

*snip*

[Phoenix61]

1. Funny how many people are anti-choice but pro death penalty. nt

[Bettie]

3. It's the "Throw 'em back and

kill 'em when they're bigger" method.

[RANDYWILDMAN]

2. if you can't get them fairly, cheat

and people wonder why the police don't play fair and why they really don't play fair with people of color.

[USALiberal]

4. Many DUers are pro death penalty! Disgusting! Nt

[Solly Mack]

5. K&R

[Hermit-The-Prog]

6. Death penalty should be reserved for "no doubt", not "beyond reasonable doubt".

[The Magistrate]

7. If Prosecutors Were Prosecuted For This, Ma'am, There'd Be Less Of It

Criminals of this sort are readily deterred by consequences.

[NoMoreRepugs]

8. Having run afoul of district attorney's in a large metropolitan city

I can attest to the use of ANY means necessary to get a conviction.