http://www.salon.com/politics/wire/2001/07/03/oconnor/index.html



Justice O'Connor questions death penalty

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By Brian Bakst
July 3, 2001 | MINNEAPOLIS (AP) -- Supreme Court Justice Sandra Day O'Connor
said Monday there are "serious questions" about whether the death penalty is
being fairly administered in the United States.

"If statistics are any indication, the system may well be allowing some
innocent defendants to be executed," O'Connor said in a speech to the
Minnesota Women Lawyers group.

O'Connor, who has been a swing vote on several death penalty cases, said six
death row inmates were exonerated and released last year, and that 90 inmates
have been exonerated and set free since 1973.

O'Connor said the growing availability of DNA testing may alleviate some
concerns. But she said most states with capital punishment have not passed
laws addressing post-conviction testing.

She also said the quality of defense lawyers for people in capital cases has
been inadequate in too many cases.

"Perhaps it's time to look at minimum standards for appointed counsel in
death cases and adequate compensation for appointed counsel when they are
used," she said.

O'Connor noted a rise in the number of executions since she was appointed to
the high court in 1981. She said there were 856 death row inmates across the
country that year, compared to 3,711 in 2000. O'Connor said one inmate was
executed in 1982, compared to 85 last year.

Noting that Minnesota does not have the death penalty, O'Connor said, "You
must breathe a big sigh of relief every day."


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