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The Alabama Death Penalty Assessment Report Defending Liberty Pursuing Justice EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Alabama Death Penalty Assessment Report An Analysis of Alabama’s Death Penalty Laws, Procedures, and Practices “A system that takes life must first give justice.” John J. Curtin, Jr., Former ABA President June 2006 AMERICAN BAR ASSOCIATION Defending Liberty Pursuing Justice EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Alabama Death Penalty Assessment Report An Analysis of Alabama’s Death Penalty Laws, Procedures, and Practices “A system that takes life must first give justice.” John J. Curtin, Jr., Former ABA President June 2006 AMERICAN BAR ASSOCIATION The materials contained herein represent the assessment solely of the ABA Death Penalty Moratorium Implementation Project and the Alabama Death Penalty Assessment Team and have not been approved by the House of Delegates or the Board of Governors of the American Bar Association and accordingly, should not be construed as representing the policy of the American Bar Association. These materials and any forms or agreements herein are intended for educational and informational purposes only. This document has been produced with the financial assistance of the European Union. The contents of this report are the sole responsibility of the American Bar Association and can under no circumstances be regarded as reflecting the position of the European Union. Significant portions of the research were performed on Westlaw courtesy of West Group. Copyright 2006, American Bar Association ACKNOWLEDGEMENTS The American Bar Association Death Penalty Moratorium Implementation Project (the Project) is pleased to present this publication, Ensuring Fairness and Accuracy in State Death Penalty Systems: The Alabama Death Penalty Assessment Report. The Project expresses its great appreciation to all those who helped to develop, draft, and produce the Alabama Assessment Report. The efforts of the Project and the Alabama Death Penalty Assessment Team were aided by many lawyers, academics, judges, and others who presented ideas, shared information, and assisted in the examination of Alabama’s capital punishment system. Particular thanks must be given to Deborah Fleischaker and Seth Miller, the Project staff who spent countless hours researching, writing, editing, and compiling this report. In addition, we would like to thank the American Bar Association Section of Individual Rights and Responsibilities for their substantive, administrative, and financial contributions. In particular, we would like to thank Ellen Whiteman and Meghan Shapiro for their assistance in fact-checking and proof-reading multiple sections of the report. We would like to recognize the research contributions made by Anne Borelli, Karyl Davis, Leah Green, Emilie Kraft, Glory McLaughlin, and Tiara Young, all of whom were law students at the University of Alabama School of Law. Additionally, the efforts of Martell Swain, Connie Shivers, Linda Showlund, Joe Seely, and Nelson Koga at the law firm of Holland and Knight in fact- and cite-checking portions of the report were immensely helpful. Lastly, in this publication, the Project and the Assessment Team has attempted to note as accurately as possible information relevant to the Alabama death penalty. The Project would appreciate notification of any errors or omissions in this report so that they may be corrected in any future reprints. TABLE OF CONTENTS EXECUTIVEH SUMMARY........................................................................................................................... iH INTRODUCTION...................................................................................................................H ..................... 1H CHAPTER ONE: ANH OVERVIEW OF ALABAMA’S DEATH PENALTY SYSTEM ....................... 5H I.H DEMOGRAPHICS OF ALABAMA’S DEATH ROW ............................................................................. 5H II.H THE STATUTORY EVOLUTION OF ALABAMA’S DEATH PENALTY SCHEME ................................... 6H III.H PROGRESSION OF AN ALABAMA DEATH PENALTY CASE............................................................ 14H CHAPTER TWO: COLLECTION,H PRESERVATION, AND TESTING OF DNA AND OTHER TYPES OF EVIDENCE............................................................................................................................. 33H IH NTRODUCTION TO THE ISSUE................................................................................................................... 33H I.H FACTUAL DISCUSSION................................................................................................................ 35H II.H ANALYSIS .................................................................................................................................. 41H CHAPTER THREE: LAWH ENFORCEMENT IDENTIFICATIONS AND INTERROGATIONS .. 47H IH NTRODUCTION TO THE ISSUE................................................................................................................... 47H I.H FACTUAL DISCUSSION................................................................................................................ 49H II.H ANALYSIS .................................................................................................................................. 53H CHAPTER FOUR: CRIMEH LABORATORIES AND MEDICAL EXAMINER OFFICES.............. 63H IH NTRODUCTION TO THE ISSUE................................................................................................................... 63H I.H FACTUAL DISCUSSION................................................................................................................ 64H II.H ANALYSIS .................................................................................................................................. 72H CHAPTER FIVE: PROSECUTORIALH PROFESSIONALISM ........................................................... 75H IH NTRODUCTION TO THE ISSUE................................................................................................................... 75H I.H FACTUAL DISCUSSION................................................................................................................ 76H II.H ANALYSIS .................................................................................................................................. 89H CHAPTER SIX: DEFENSEH SERVICES................................................................................................. 97H IH NTRODUCTION TO THE ISSUE................................................................................................................... 97H I.H FACTUAL DISCUSSION................................................................................................................ 98H II.H ANALYSIS ................................................................................................................................ 111H CHAPTER SEVEN: DIRECTH APPEAL PROCESS............................................................................ 133H IH NTRODUCTION TO THE ISSUE................................................................................................................. 133H I.H FACTUAL DISCUSSION.............................................................................................................. 135H II.H ANALYSIS ................................................................................................................................ 140H CHAPTER EIGHT: STATEH POST-CONVICTION PROCEEDINGS.............................................. 143H IH NTRODUCTION TO THE ISSUE................................................................................................................. 143H I.H FACTUAL DISCUSSION.............................................................................................................. 145H II.H ANALYSIS ................................................................................................................................ 154H CHAPTER NINE: CLEMENCY............................................................................................................H 163H IH NTRODUCTION TO THE ISSUE................................................................................................................. 163H I.H FACTUAL DISCUSSION.............................................................................................................. 165H II.H ANALYSIS ................................................................................................................................ 168H CHAPTER TEN: CAPITALH JURY INSTRUCTIONS........................................................................ 175H IH NTRODUCTION TO THE ISSUE................................................................................................................. 175H I.H FACTUAL DISCUSSION.............................................................................................................. 176H II.H ANALYSIS ................................................................................................................................ 206H CHAPTER ELEVEN: JUDICIALH INDEPENDENCE ........................................................................ 215H IH NTRODUCTION TO THE ISSUE................................................................................................................. 215H I.H FACTUAL DISCUSSION.............................................................................................................. 216H II.H
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