Pacific Standard March-April 2013 Cover

The Death Penalty is Experiencing Technical Difficulties

Needle

LOS ANGELES DISTRICT ATTORNEY Steve Cooley is in a hurry to have Mitchell Sims put to death. You couldn’t blame Cooley if he felt frustrated. He’s seen the execution of Sims, a convicted triple murderer, delayed for six solid years, bogged down in a legal quagmire over whether California’s three-chemical lethal-injection sequence is a sufficiently humane method of killing someone. By the time the courts decide the issue, the state might not even be able to obtain the deadly drugs required. And to top it off, Cooley may be running out of time: this November, the state’s voters may ... Read More

Seeking Second Chances Without DNA

(PHOTO: ILYA ANDRIYANOV/SHUTTERSTOCK)

The most hopeful scenario possible for innocent inmates fighting a wrongful conviction is when DNA testing of existing evidence might be enough to exonerate them. DNA holds out an unparalleled promise of certainty. As far as evidence goes, it’s the gold standard; solid science. Just last month, a Louisiana man became the 300th inmate in the U.S. exonerated by it. Yet DNA evidence plays no role in 90 to 95 percent of criminal convictions and the inmates in such cases' subsequent innocence claims. Often biological evidence simply doesn’t exist. Sometimes it has been badly degraded or has ... Read More

Litigating Lineups: Why the American Justice System Is Keeping a Close Eye on Witness Identification

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Studies have shown that memory and recall are more fallible than failsafe. That finding undermines eyewitness identifications—a critical prosecution mainstay—revealing them as far more fragile evidence than imagined. Just ask Rickey Dale Wyatt of Dallas, Texas. On January 4, 2012, he was released from prison after serving 31 years of a 99-year sentence for a rape he did not commit. Police were sure that a single rapist had committed a cluster of rapes when they arrested Wyatt for three assaults. The third victim, who had been grabbed from behind and dragged at knifepoint to a ... Read More

A Porn Stash and a False Confession: How to Ruin Someone’s Life in the American Justice System

There’s nothing like seeing a wrongfully convicted prisoner exit a prison gate, perhaps fresh from death row, to put a disquietingly human face on failings in the criminal justice system. Flawed forensic science, decision-makers’ cognitive biases, crime lab contamination, overstated or unverifiable claims for forensic evidence, eyewitness and investigator error, expert witnesses’ exaggerations, problematic interrogation tactics eliciting false confessions, evidence withheld from defendants inadvertently or even deliberately—the list goes on. In May, a study by the Center on Wrongful ... Read More

David Onek — Law Enforcement Facilitator

David Onek

Improving the juvenile justice system has been the focus of David Onek's professional life for some 20 years. He uses an innovative approach that might seem obvious but has been underutilized: He gets everyone in the field talking to each other. Onek's experience in influential policy, governmental and academic positions in the San Francisco Bay Area has led him to believe that because of sharp disagreements dividing them, law enforcement officers, members of community groups, prisoners and corrections officers are unable to bridge much smaller gaps on many issues — or even to realize how ... Read More