New UN Report Denounces America's Human Rights Record

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By Stephen Lendman (about the author) Page 2 of 8 page(s)

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Ever since, well over 1100 executions took place and three times that number await them on death row. Far too often they're innocent victims of injustice, people of color, poor, and unable to effectively deal with a hostile prosecutorial system, at least because:

-- inadequate laws and/or practices don't protect them "governing the preservation of evidence (including DNA) or because of the passage of time;"

-- after convictions, some state laws disallow use of DNA evidence; to countermand this, a federal law should mandate it as standard procedure;

-- in some cases, biological evidence isn't relevant; and

-- in others, "evidentiary or procedural issues preclude a just or reliable basis for imposing the death penalty."

The result is a deeply flawed criminal justice system affecting victims, their families, and communities when real criminals remain at large. Yet government officials are often indifferent to the problem, at both state and federal levels. Alston recommends changes:

-- action to address the lack of judicial independence and inadequate right to counsel;

-- a top-to-bottom criminal justice system analysis and overhaul followed by reforms, especially for racial disparities in capital cases; and

-- federal court reviews of all injustice claims when capital punishment is at issue.

Unfortunately, Alston doesn't challenge the death penalty but believes federal and state laws should only impose it for the "most serious crimes." However, who's to decide and on what basis.

He also says foreign nationals denied the right to consular notification were unfairly treated and should be provided review and reconsideration.

Judicial Independence

Texas, Alabama, and other states "have partisan elections for judges." However, "as research and practice show," this system "jeopardizes the right of capital defendants to a fair trial and appeal." Also, there's a direct correlation between public support for the death penalty and decisions made to impose it. "There is no such correlation in non-elective states." State officials told Alston that getting re-elected depends on supporting the death penalty and imposing it from the bench - even at times by overriding jury decisions for life in prison.

Right to Counsel

The right is fundamental but not applied if counsel quality is poor, as so often is the case when court-appointed or low-income defendants can't afford better representation. State funding to provide it is inadequate, and one Texas official told Alston that defense counsel competency in the state is "abysmal." Major reforms are needed to repair a broken system, in Texas and nationwide.

Racial Disparities

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I am a 72 year old, retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.

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Book Recommendations for "Execution Human Rights Injustice"

Systemic Injustice: Torture, "Disappearance," and Extrajudicial Execution in Mexico
by America Human Rights Watch

$10.00
Lowest New Price $48.97
Number of pages: 136
Publisher: Human Rights Watch