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| Death row on trial ![]() America's capital punishment system investigated By Charles Wheeler Since it reintroduced the death penalty a quarter of a century ago, America has executed 695 people. Another 3,703 wait on death row. But a recent spate of releases of the wrongfully convicted has triggered alarm that America may be executing the innocent.
They were given a possible miscarriage of justice to investigate: the case of four young black men convicted in 1978 of a double murder and rape. The victims were a young white couple, Larry Lionberg and Carol Schmal. They were abducted from a petrol station in a mainly black suburb of Chicago, and taken to an abandoned house, where their bodies were found the next day.
The jury accepted her story. Two of the accused were sentenced to death, a third was given life without parole and the fourth was sent down for 70 years.
Finally they two students persuaded the men named in the police report they had discovered to confess. DNA tests clinched the case. The four wrongly convicted men were exonerated and released. But they had lost 18 years of their lives. US justice system questioned In 1973 the US Supreme Court struck down the death penalty on the ground that it was applied capriciously and unfairly, and therefore violated the constitutional ban on cruel and unusual punishment. Three years later a more conservative court restored it. Since then more than ninety death row inmates have been proved to be innocent and freed - enough to make a growing number of Americans wonder aloud whether the system of capital punishment can be trusted to deliver justice.
Executing the innocent In Virginia, a state with a rate of executions that is second only to Texas, a member of the state parliament has just tabled a bill to take the death penalty off the statute books. Twenty years ago Frank Hargrove sponsored a bill to introduce public hanging from a gallows to be set up in front of the state's Capitol building in Richmond.
Chiefly its these narrow escapes from the electric chair and lethal injection that have fed America's debate about the death penalty. Damning research What may in the end prove even more telling, however, is the result of a study by the Columbia School of Law in New York. After examining every capital punishment case passing through the appeal courts between 1973 and 1995 its lawyers found that seven out of 10 death sentences were reversed because of serious error in the original trials.
Clearly nearly 70% of America's 3,700 death row inmates should never have been sent there. And although not more than about one in 10 will ever be executed, the wrongly sentenced are having to wait for anything from 10 to 18 years to be told of their fate. That's not unusual, and it is certainly cruel. Death Row on Trial: 1830 GMT, Saturday 17th February on BBC 2. Reporter: Charles Wheeler Producer: David Taylor Deputy Editor: Farah Durrani Editor: Fiona Murch |
See also: 16 Nov 00 | Americas 16 Nov 00 | Americas 15 Sep 00 | Americas 23 Jun 00 | Americas 19 Dec 98 | Americas 22 Jun 00 | Americas Internet links: The BBC is not responsible for the content of external internet sites Top Correspondent stories now: Links to more Correspondent stories are at the foot of the page. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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