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Looking At Capital Punishment: What To Watch For In 2005

© Glenn Arnold

In a year in which a presidential race and a war overseas dominated discussion in the United States, the issue of the death penalty was relegated to the back burner in 2004. However, with increased scrutiny of evidence, a decline in sentencing and executions, two important Supreme Court decisions, and several battles being waged at the state level, 2005 may shape up as a defining year for capital punishment.

Some things to keep an eye on in 2005:

Scrutiny and Use of DNA Testing
In 2002, the Houston Crime Lab made international headlines after an audit showed a multitude of improper procedures and contaminated evidence. The fallout from this is still being felt as DNA evidence and its use is being scrutinized more than ever. Also, post-conviction DNA testing is becoming a hot topic. The Innocence Project reports they have helped exonerate 154 incarcerated people in the last 12 years based on DNA testing done post-conviction. Although no evidence currently exists of an innocent person being executed, chances are good that such a case may arise. Just one proof of innocence post-execution would have severe ramifications for death penalty supporters.

Decline in Numbers
For the fifth year in a row, fewer death sentences were imposed than in the previous year. In 2004, U.S. courts handed down 130 death sentences as opposed to the 282 handed down in 1999. While some argue that this 54% decrease is because of a drop in the murder rate, that figure has decreased only by 35% in the last 11 years. Similarly, executions decreased for the fourth time in five years (59 executions in 2004 versus 98 executions in 1999). The number of people on death row also fell from 3,504 in 2003 to 3,471 in 2004. Although these statistics may be an aberration, if this trend continues-or if the numbers increase in 2005-we may see an impact on policy and public opinion.

Death Penalty for Juveniles
Last October the U.S. Supreme Court heard arguments in the Missouri case Roper v. Simmons and is expected to make a ruling in the early part of 2005. The issue at stake is whether or not executing juveniles constitutes "cruel and unusual punishment" as outlined in the Eighth Amendment. As with the 2002 decision outlawing capital punishment for mentally retarded inmates, the Supreme Court will likely take into account the "evolving standards of decency" when making their decision. Currently, 72 people are on death row for crimes committed as juveniles; the Court's decision will undoubtedly have an affect on how the death penalty is applied.

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