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EDITORIALS: The Fallibility of Forensic Evidence Argues Against the Death Penalty

A recent editorial in the Lincoln Journal Star of Nebraska concluded that experience with inaccurate evidence from crime labs shows that the death penalty cannot be trusted in the taking of life.  The paper called for the repeal of the death penalty based on a case in which the state's CSI director tampered with evidence in a murder case. Recently, the Nebraska Supreme Court upheld the conviction of former CSI chief David Kofoed for planting evidence in a double murder. Kofoed placed a speck of blood in a car belonging to a suspect, which resulted in two innocent men being held in jail for several months. The editorial said such crime-lab error has also been found elsewhere: “You will be - or should be - appalled at the number of times that crime labs turn out to be providing inaccurate and phony evidence. The problems crop up in New York, San Francisco, Houston and many points in between. Sometimes the problem is sloppiness. Sometimes technicians are manufacturing evidence deliberately. Sometimes the science itself turns out to be untrustworthy.” The editorial cited a 2009 report by the National Academy of Sciences that criticized some of the science behind crime lab testimony. The report found that, other than DNA technology, “no forensic method has been rigorously shown to have the capacity to consistently, and with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source,” and that, “Substantive information and testimony based on faulty forensic science analyses may have contributed to wrongful convictions of innocent people.”  The editorial concluded, "The fallibility of the criminal justice system has been demonstrated again and again. Innocent people have been executed in the past and will be in the future," and thus people should "support repeal of the death penalty."  Read full editorial below.

Editorial: Too fallible for death penalty

The case of the crooked crime scene investigator in Douglas County provides another glaring example of why the criminal justice system cannot be trusted to apply the death penalty.

Humans not only make honest mistakes, sometimes they plant evidence and lie.

The conviction of former CSI chief David Kofoed for tampering with the evidence in a double murder case was upheld earlier this month by the Nebraska Supreme Court.

Kofoed was convicted for planting a speck of blood in a car belonging to a suspect in the case. His bogus evidence resulted in two innocent men being held in jail for several months. Police even wrung a false confession out of one of them.

Fortunately for the two men, the case against them unraveled before they were tried. DNA evidence found on a ring and marijuana pipe found in the home belonged to a pair of Wisconsin teens. They later pleaded guilty to killing a Murdock couple while looking for money during a road trip.

If you think the Kofoed case is one of a kind, think again.

Just do an Internet search for “crime lab scandal.”

You will be -- or should be -- appalled at the number of times that crime labs turn out to be providing inaccurate and phony evidence.

The problems crop up in New York, San Francisco, Houston and many points in between. Sometimes the problem is sloppiness. Sometimes technicians are manufacturing evidence deliberately. Sometimes the science itself turns out to be untrustworthy.

Even the vaunted crime lab operated by the Federal Bureau of Investigation has come under criticism on more than one occasion. In 2004 FBI lab technician Jacqueline Blake admitted to submitting false DNA evidence in 100 cases. FBI metallurgist Kathleen Lundy admitted to lying on the witness stand. To her credit, she admitted her testimony was false before the murder trial was over.

A 2009 report by the National Academy of Sciences was harshly critical of some of the science behind crime lab testimony, such as using marks on a bullet to determine whether a bullet came from a certain gun. Other than DNA technology, "no forensic method has been rigorously shown to have the capacity to consistently, and with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source," the report stated.

The report concluded: “Substantive information and testimony based on faulty forensic science analyses may have contributed to wrongful convictions of innocent people.”

The fallibility of the criminal justice system has been demonstrated again and again. Innocent people have been executed in the past and will be in the future. If you don’t want blood on your hands, support repeal of the death penalty.

(Editorial Board, “Too Fallible for Death Penalty,” Lincoln Journal Star, May 12, 2012). Read more editorials on the death penalty; see Innocence.

NEW VOICES: Texas's Baptist Standard Advocates Ending Death Penalty

An editorial in the Baptist Standard, published in Texas, recently called for repealing the death penalty in the next legislative session. Among the reasons cited by the paper for ending capital punishment were principles of religious faith, the risk of executing innocent defendants, its ineffectiveness in deterring crime, the high costs of prosecution, and its unfairness in affecting the poor and people of color. The editorial quoted the recent report from the National Research Council criticizing the "fundamental flaws in the research" about deterrence and discouraging reliance on such studies to support the death penalty. The paper concluded, “[T]he possibility—and almost certain likelihood—the state periodically executes innocent people should propel capital punishment beyond the pale of possibility. . . . Since we know the courts can make grievous mistakes, how can we say we value life and perpetuate a program that sometimes kills innocent people?”  Read full editorial below.

EDITORIAL: Pull the switch on the death penalty
By Marv Knox, Editor, Baptist Standard

Gov. Rick Perry should place a moratorium on executions, and the next session of the Texas Legislature should vote to abolish the death penalty.

Reasoned opposition to capital punishment is rising:

• No reliable research supports the claim that capital punishment deters murder, according to an analysis of dozens of studies conducted across 36 years.

"Fundamental flaws in the research we reviewed make it of no use in answering the question of whether the death penalty affects homicide rates," Daniel Nagin, a Carnegie Mellon University professor who headed up the review for the National Research Council, told USA Today.

• National support for the death penalty has decreased to 61 percent, the lowest level in four decades, a Gallup poll showed.

And given a choice between capital punishment and life without parole, less than a majority of respondents favor execution, a similar survey indicated.

• Seventeen states have overturned the death penalty. Connecticut abolished the practice last month. Illinois, where the Innocence Project proved numerous false convictions, got rid of it last year. California will consider a referendum this fall.

• Tepid implementation of the death penalty seems to reveal a growing distaste for the practice.

Connecticut executed only one convict in 52 years. California, which houses 725 inmates on Death Row, has not executed anyone since 2006. Even Texas, the traditional leader in capital punishment, executed 13 people last year. That's the lowest level in 15 years, and the state is on pace to execute 10 inmates this year.

The case for eliminating the death penalty can be made for several compelling reasons.

First and foremost, the possibility—and almost certain likelihood—the state periodically executes innocent people should propel capital punishment beyond the pale of possibility. Dallas County leads the nation in proving wrongful convictions—30 in the last 11 years. Since we know the courts can make grievous mistakes, how can we say we value life and perpetuate a program that sometimes kills innocent people?

Second—a corollary to the first point—capital punishment disproportionately targets the poor and people of color.

Third, since the death penalty has not been proven effective in deterring crime, eliminating it would not be expected to result in an increase in violent acts.

Fourth, capital punishment is inordinately expensive, and the money can be put to better purposes. Analysis of the California system shows the death penalty costs that state $184 million per year. Opponents suggest eliminating capital punishment could save the state millions in legal fees and free millions more to investigate unsolved crimes.

Fifth, abolishing the death penalty would curtail protracted agony—for everybody. Capital punishment cases often drag on for decades, with repeated hearings, appeals and court proceedings reopening the wounds for victims' families.

Sixth, criminals convicted of heinous crimes still will receive severe punishment, and society still will be protected. Life without parole is enough to torment anyone. And permanent imprisonment will prevent inmates from harming other innocent people.

Seventh, life in prison extends the opportunity for re-demption. No, the salvation of a murderer does not bring the victim back to life. But it does restore one soul to eternal life. God's grace can reach even the most wicked. And while wrongfully convicted inmates eventually may go free, you can't resurrect the executed who were convicted falsely.

Eighth, it's inconceivable Jesus would execute a criminal. As Connecticut Gov. Dan Malloy says: "In the New Testament, the one place where Jesus talks about the death penalty, he says, 'Let he who is without sin cast the first stone.' When I've reflected on the death penalty, the reality is I frequently ponder that passage."

Marv Knox is editor of the Baptist Standard. Visit his blog at www.baptiststandard.com.

(M. Knox, “EDITORIAL: Pull the switch on the death penalty,” Baptist Standard, editorial, May 11, 2012). See Religion. Read more Editorials and New Voices on the death penalty.

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