-Caveat Lector-   <A HREF="http://www.ctrl.org/">
</A> -Cui Bono?-

Philadelphia, PA is where Mumia Abu-Jamal is sentenced to death-
This article states "The city council of Philadelphia, Pennsylvannia this
week called for a
moratorium on the death penalty."


Dave Hartley
http://www.asheville-computer.com/dave


=========================

Agence France Presse

Sunday, February 13 1:53 AM SGT

US death penalty bill would allow DNA evidence in appeals

WASHINGTON, Feb 12 (AFP) -

Senator Patrick Leahy on Saturday defended his proposal for legislation
allowing wider use of DNA evidence by death row inmates seeking to
overturn their convictions.

"This is not a criminal justice system that's working. It's Russian
roulette," he told a CNN interviewer, adding that in his view greater use
of DNA as evidence could be key to overturning many wrongful convictions.

The high incidence of death sentences overturned on appeal in the United
States suggests that a substantial number of innocent people have been
among those executed, and is a sign of a system in "crisis," said Leahy.

Leahy, a Democratic senator from Vermont, on Friday unveiled his Innocence
Protection Act, the text of which is being finalized. Leahy's aides said
it would make DNA analyses exempt from time limitations on the
presentation of new evidence following a conviction.

DNA evidence has been proven "extremely reliable," more so than eyewitness
evidence, and is the modern-day equivalent of fingerprints, Leahy said
Saturday. But federal law imposes a two-year time limit for appeals, and
most states have similar laws.

As the sophistication of DNA testing continues to increase, DNA evidence
has been used to overturn a number of convictions in the United States.
Two states, Illinois and New York, already waive the time limit on appeals
if new DNA evidence is to be presented.

DNA, or deoxyribonucleic acid, contains the genetic code unique to each
individual, and can often be extracted from either tissues or bodily
fluids.

Leahy's bill is co-sponsored by Democrat Russ Feingold of Minnesota and
supported by three other Democratic senators: New York's Daniel Patrick
Moynihan, Hawaii's Daniel Akaka and Michigan's Carl Levin.

It comes at a time of renewed public debate over the death penalty in the
United States, following the imposition by Illinois Governor George Ryan
of a moratorium on capital punishment in his state on January 31.

Ryan cited 13 cases in which innocent people were to death row in Illinois
since 1977, and noted that many more may have been put to death without
their innocence having come to light.

The city council of Philadelphia, Pennsylvannia this week called for a
moratorium on the death penalty.

Leahy's bill would also provide publicly funded DNA testing for death-row
inmates who could not otherwise afford it, attorneys familiar with the
legislation said.

The second main thrust of the proposed legislation would be to guarantee
the quality of legal counsel available to death-row inmates, they added.

At least two court-appointed attorneys would be made available to defend
prisoners, and those attorneys would have to meet competency standards set
by the Administrative Office of the Courts, a federal body.

Defendants in death penalty trials, if unable to afford a lawyer,
currently have the right to one court-appointed attorney, but this may
often be a local attorney, underpaid, understaffed and without any death
penalty case experience, a congressional committee reported in 1993.

Campaigners opposed to the death penalty have focused on issues including
race, mental fitness, and the age at which crimes were committed.

In Pennsylvania, for example, 83 percent of those on death row in 1998
were African Americans, who make up only 14 percent of the state's
population.

And US states continue to execute people for crimes committed before they
reached adulthood -- in contravention of an international human rights
covenant the United States has signed.

US courts have also been criticised for failing to devote sufficient
attention and place sufficient weight on whether a defendant was mentally
handicapped or mentally ill at the time of their crime.


=================================


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