Making the death penalty stick

Associated Press

WASHINGTON — When jurors choose a death sentence in cases that are not among the "worst of the worst," the sentence is more likely to be overturned on appeal, a study spanning 23 years of court records found.

Overall, states and counties where juries or judges impose the death penalty most often also tend to have the highest number of cases overturned because of errors or problems at trial, says the study due for release today.

All but one of the 10 states with the highest death-sentencing rates had those sentences reversed as often or more often than the average rate nationally, said James Liebman, a Columbia University law professor and the study’s lead author.

Death sentences are most often overturned because lawyers performed poorly at trial, prosecutors kept legitimate evidence out of the trial or judges gave flawed instructions to the jury, Liebman said his research showed.

The report found a state or federal court threw out a conviction or death sentence in 68 percent of the cases it studied in which at least one round of appeals had been completed. The study looked at 5,760 cases in the 34 states where the death penalty is actively applied.

Other researchers attacked findings in an earlier study on reversals by the same authors, and one review concluded that death sentences were really only overturned in 52 percent of cases or less.

The Criminal Justice Legal Foundation took issue with Liebman’s central premise that errors are responsible for overturned sentences.

It’s not new or surprising that a large percentage of capital verdicts are overturned, the foundation said. It said the issue is whether that happens because of mistakes, as death-penalty opponents contend, or because of unreasonable obstructions placed in the way of such sentences, as advocates of capital punishment assert.

Liebman’s study does not take a position on whether the death penalty is ever appropriate. But in an interview, he said his research shows that if they are imposed at all, death sentences should be reserved for the worst cases.

"Imposing the death penalty in cases that are not the worst of the worst is a recipe for unreliability and error," the report said.

The greater the number of what courts call aggravating factors in a given capital crime, the less likely it is that a death sentence will be overturned, Liebman said. Aggravating factors can include whether the victim was a police officer, for example, or whether the killing was especially gruesome.

The reverse is also true, Liebman said. The more factors that tend to lessen the severity of a crime, the more likely it is that any death sentence imposed will be overturned.

At the final stage of court review, Liebman found that for each additional aggravating factor, the likelihood of reversal dropped 15 percent.

All states that allow the death penalty have laws making an appeal automatic. South Carolina, however, allows defendants to waive the right to appeal.

Copyright ©2002 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Firefighters respond to a 911 call on July 16, 2024, in Mill Creek. Firefighters from South County Fire, Tulalip Bay Fire Department and Camano Island Fire and Rescue left Wednesday to help fight the LA fires. (Photo provided by South County Fire)
Help is on the way: Snohomish County firefighters en route to LA fires

The Los Angeles wildfires have caused at least 180,000 evacuations. The crews expect to arrive Friday.

x
Edmonds police shooting investigation includes possibility of gang violence

The 18-year-old victim remains in critical condition as of Friday morning.

The Everett Wastewater Treatment Plant along the Snohomish River. Thursday, June 16, 2022 in Everett. (Olivia Vanni / The Herald)
Everett council approves water, sewer rate increases

The 43% rise in combined water and sewer rates will pay for large infrastructure projects.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Devani Padron, left, Daisy Ramos perform during dance class at Mari's Place Monday afternoon in Everett on July 13, 2016. (Kevin Clark / The Herald)
Mari’s Place helps children build confidence and design a better future

The Everett-based nonprofit offers free and low-cost classes in art, music, theater and dance for children ages 5 to 14.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

Wade Erickson, maintenance with the Edmonds School District, passes by a school closure sign as he clears snow from the sidewalk in front of Edmonds-Woodway High School on Wednesday, Feb. 5, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
UPDATED: Schools close across Snohomish County on Thursday

Snohomish County lowlands remain under cold weather and winter weather advisories.

Modern DNA tech comes through again for Everett police in 1989 murder case

Recent advances in forensic genealogy led to the suspect’s arrest in Clark County, Nevada.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.