Talia Roitberg Harmon

Predictors of miscarriages of justice in capital cases

Prior research on wrongful convictions in capital cases focused primarily on qualitative methods designed to provide in-depth descriptive analyses of these cases. In contrast, this study is a quantitative comparison between 76 documented cases from 1970 to 1998, in which prisoners were released from death row because of “doubts about their guilt,” and a matched group of inmates who were executed. Through the use of a logistic regression model, significant predictors of cases that result in a release from death row as opposed to an execution, are identified. The final section of this study focuses on policy implications that may decrease the risk of error in capital cases. Additional lines of research are suggested in an effort to increase understanding of miscarriages of justice in such cases.

Too Late for Luck: A Comparison of Post-Furman Exonerations and Executions of the Innocent:

This study is a quantitative analysis designed to compare two groups of factually innocent capital defendants: those who were exonerated and those who were executed. There are a total of 97 cases in the sample, including 81 exonerations and 16 executions. The primary objective of the authors is to identify factors that may predict case outcomes among capital defendants with strong claims of factual innocence. Through the use of a logistic regression model, the following variables were significant predictors of case outcome (exoneration vs. execution): allegations of perjury, multiple types of evidence, prior felony record, type of attorney at trial, and race of the defendant. These results point toward significant problems with the administration of capital punishment deriving primarily from the quality of the case record created at trial.

Race for Your Life: An Analysis of the Role of Race in Erroneous Capital Convictions

Prior research on the role of race in wrongful capital convictions has focused primarily on the race of the defendant. In contrast, this article begins with two case studies that illustrate the impact of the race of the defendant and also the race of the victim in contributing to erroneous convictions. The second section of this article identifies the race of the defendant and the victim in 82 cases where prisoners were released from death row because of doubts about their guilt and in a matched group of inmates who were executed. Through the use of three logistic regression models, the combination of the race of the defendant and the race of the victim is identified as a significant predictor of case outcome (exoneration vs. execution). The results also indicate that an indirect relationship may exist between the combination of the race of the defendant and the victim, the strength of the evidence, and case outcome.

Guilty Until Proven Innocent: An Analysis of Post-Furman Capital Errors

The issue of erroneous convictions in capital cases has recently gained considerable nationwide media attention. This article builds on prior research by examining 76 cases of inmates who were released from death rows between 1970 and 1998 because of doubts about their guilt. By using sources, or persons who have extensive insider knowledge about these cases, as well as published court opinions, it was possible to identify the causes of the wrongful convictions as well as the significant events that led to the discovery of the miscarriages of justice. The data indicate that prosecutorial misconduct, perjury of witnesses, police misconduct, and racial discrimination were influential factors that led to the wrongful convictions. In addition, continued investigation by the defense attorney, new witnesses coming forward, and/or a confession from another person were the factors most often leading to the discovery of errors. These findings suggest that there have not been any significant changes in causes of erroneous convictions since the implementation of contemporary safeguards. As a result, policy changes are suggested to decrease the chances of erroneous executions.

Merciful Justice: Lessons From 50 Years of New York Death Penalty Commutations

This article examines the reasons offered by seven New York governors in justification of their decisions to commute death sentences in 159 cases between 1920 and 1970. In doing so, it scrutinizes the common assertion that, in marked contrast to contemporary death penalty cases, merciful considerations once were bountiful in sparing condemned offenders from execution. An examination of the New York governors’ reasons for granting clemency and the legal context within which their decisions were made suggests that mercy accounted for few death sentence commutations during this time period and that other considerations predominated. To the extent that the New York experience resembles that of other states historically, the analysis suggests that the comparatively infrequent use of executive clemency in contemporary capital cases may owe more to the significant differences in death penalty laws and their administration during the different eras than to a diminished role for mercy.

The Empire State Strikes Back: Examining Death-and Life-Qualification of Jurors and Sentencing Alternatives under New York's Capital-Punishment Law*

New Yorks 195 death-penalty legislation requires prospective jurors to be “death qualified” and “life qualified” in order to serve in capital trials. Thus, if a venire members views about capital punishment would interfere with his or her ability to consider imprisoning both statutory sentencing options of death and life imprisonment without parole (LWOP), the prospective juror is excluded by law from participating in either guilt-phase or penalty-phase deliberations. In addition, although the law requires jurors to choose between sentences of death and LWOP following a capital-murder conviction, it includes a unique provision governing cases in which a jury is unable to achieve a unanimous sentencing verdict: the judge must sentence the defendant to a term of 20 to 25 years to life imprisonment, and the jury is so instructed prior to beginning its deliberations. This article reports the results of a survey that sheds light on the effects that death-and life-qualification may have on “crime control” and “due process” attitudes represented on New York capital juries, and on the demographic attributes of jury members. Information also is presented about whether potential jurors would be induced by the laws sentencing options to switch their votes in order to avoid a nonunanimous penalty-phase verdict that would result in an offenders receiving a 20 to 25 year to life sentence. The survey results have potentially troubling implications for the administration of New Yorks death-penalty legislation.

Book Review: Wrongful Death Sentences: Rethinking Justice in Capital CasesBurnettC.Wrongful Death Sentences: Rethinking Justice in Capital Cases. London, England: Lynne Rienner Publishers Inc., 2010. ix, 188 pp.

related to computer use. These include protecting children while using Internet, protecting one’s identity, and online harassment and stalking. And finally, the two chapters (17 and 18) of Part five discuss methods of computer hacking and cyber-criminal communication. Chapter 17 provides information regarding common hacking techniques and how to prevent being the victim of hacking. Chapter 18 discusses the various methods through which computer criminals communicate and hide their communication. The latter includes encryption, steganography, and leet (the cyberlanguage of hackers and online gamers). Overall, Computer Crime, Investigation, and the Law is meant to be a ‘‘practical’’ book, probably intended for use as a community college textbook. As such, it is structured similar to an owners’ manual, without any critical or theoretical spirit. It certainly does not make any particular contribution to theories of forensic investigation, which is the area immediately related to some parts of the book. Given its practical intent, and its instructional introductory nature, the book neither lives a lot out nor much open to critical analysis. Furthermore, those outside the United States, with the exception of Canadians maybe, may have some difficulty in understanding some of the legal terms or law enforcement–related procedures mentioned in the book. Having said these, I recommend it as an interesting, introductory book for anyone interested in the emerging and highly complicated fields of computer crime, Internet law, and cyber law enforcement.

52.50. ISBN 978-1-58826-716-0

This article examines the factors explaining New York governors’ clemency decisions in capital cases between 1900 and 1963. It relies on a statistical analysis of 130 cases in which death sentences were commuted and a comparison sample of 146 cases resulting in execution. The analysis suggests that governors were more inclined to grant clemency to offenders younger than 21, when appellate court decisions included dissenting opinions, when mitigating factors outnumbered aggravating factors, and when death sentences were imposed pursuant to mandatory capital punishment provisions. The study failed to produce evidence that racial, ethnic, or socioeconomic variables were related to clemency decisions. The statistical analysis is complemented by discussion of the results of a qualitative study of New York capital clemency decisions. The article concludes by urging that a similar combined approach involving quantitative and qualitative techniques be employed to gain further insights into the exercise of clemency discretion in contemporary capital cases.