The Constitution Project’s Death Penalty Committee is committed to overcoming the political and philosophical divisions that have long plagued this country’s debate over the death penalty. What originally motivated committee members, and what continues to do so, is their profound concern that around the country procedural safeguards and other assurances of fundamental fairness in the administration of capital punishment have been revealed to be deeply flawed.
Delays and mistakes prevent victims from experiencing finality, and unjustly accused or wrongfully convicted individuals lose years of their lives. Equally as important, when we convict the innocent, the actual perpetrators remain at large, and in some cases continue to inflict immeasurable harm on others. A second trial if the perpetrator is apprehended means that victims and their families must endure additional suffering.
Astonishingly, poor people accused of capital crimes are still represented by lawyers who are intoxicated, sleep during trial, and no matter how well-meaning, lack the knowledge, 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 they continue to face procedural barriers to presenting exculpatory evidence to any court.
The exonerations of people in prison and on death row have taught Americans a hard lesson – that our criminal justice system is fallible, and that courts may convict the wrong person. Our committee members have joined with a myriad of other individuals and groups expressing their concerns about the death penalty and working tirelessly for change. Our reports have been distributed widely, both by the Constitution Project and allied organizations. State legislators 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 articles in a variety of publications.
Because of the efforts of the Constitution Project’s Death Penalty Committee and countless other individuals and organizations, there has been 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. However, despite this deeper public understanding and the progress that has been made, this risk remains all too real and much more remains urgently to be done.
