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Will new evidence of Texas executing an innocent man alter modern death penalty debates?

By Douglas A. Berman

As detailed in this new New York Times editorial, headlined "Questions About an Execution," more folks are coming to the view that Texas executed an innocent man in 2004.  The editorial provides the basic facts and notes the standard abolitionist "innocence" argument that now seems stronger: People should have no illusions about the brutal injustice of the death penalty after all of the exonerations in recent years from DNA evidence, but the case of Cameron Todd Willingham is still shocking. Mr. Willingham was executed for setting a fire that killed his 2-year-old daughter and 1-year-old twins, but a fire expert hired by the State of Texas has issued a report casting enormous doubt on whether the fire was arson at all. The Willingham investigation, which is continuing, is further evidence that the criminal justice system is far too flawed to justify imposing a death penalty...continue to full post

Full post as published by Sentencing Law and Policy on August 31, 2009 (boomark / email).