Criminal Justice Program






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DEATH PENALTY

In the administration of capital punishment around the country, procedural safeguards are deeply flawed and assurances of fundamental fairness are lacking. The exonerations of people in prison and on death row have taught Americans a hard lesson–our criminal justice system is fallible and our courts can, and sometimes do, convict the wrong person.  Astonishingly, poor people accused of capital crimes are too often represented by lawyers who, no matter how well-meaning, lack the skills and resources to defend a capital case.  Individuals with compelling claims of innocence are still confronted with obstacles to the testing of DNA and other potentially exculpatory evidence, and continue to face procedural barriers to presenting evidence of their innocence to any court after they are convicted.

The Constitution Project has joined with myriad individuals and groups to express concern over the death penalty and to work tirelessly for critical reforms.  Our reports have been distributed widely, both by the Constitution Project and allied organizations.  Policymakers considering reforms to their death penalty systems have relied on our recommendations and the testimony of our committee members, and committee members have spoken out on a host of issues related to capital punishment in the media, speeches, and a variety of publications.

Our efforts, along with those of countless other individuals and organizations, have led to a profound transformation in our nation's understanding of the inaccuracies and injustices that haunt our capital punishment system and the corresponding risk of wrongful convictions and executions. 

To view publications on this issue click here.