Death penalty system, which was criticized for racist prejudices, incorrect behavior of the public prosecutor

A new analysis from the death penalty Information Center (DPIC) shows a worrying pattern in the US death penalty system: People who have been sentenced to four or more for the same crime are often in a cycle of the public prosecutor's misconduct, constitutional violations and taxpayer costs – only then to annoy themselves or less.

The report focuses on 14 people who were sentenced to death at least four times due to the same crime, and identifies systemic public prosecutor abuse, including racist prejudices in the selection of the jury, the use of false or unspecified statements and inflammatory arguments. In over 600 capital cases, DPIC found that the courts had lifted convictions or punishments due to misconduct. In nine of the 14 tested cases, courts, juries or prosecutors, the conclusion ultimately came to the conclusion that the lifelong prison sentence was more appropriate. In many cases, the court consumed decades and millions of taxpayers.

Curtis Flowers, the case of which has become national attention, is one of the clearest examples. Flowers of Mississippi Prosecutor Doug Evans put on trial six times for the same crime against the same crime and sentenced four times to death, Flowers was ultimately relieved after the Supreme Court of the United States reversed its conviction in 2019, citing the “obvious pattern” of the racial discrimination. Evans scored 41 out of 42 black jurors in the six attempts from flowers. Judge Brett Kavanaugh, who wrote for the majority, said: “The relentless, determined efforts of the state to free the jury of black people indicate that the state wanted to try flowers from a purely white jury.”

Mississippi's own courts had lifted the first three convictions of the flowers due to the misconduct of the public prosecutor and the discriminatory selection of the jury. His fourth and fifth exams led to the juries hanging. In the sixth trial, the Supreme Court of the United States found that the public prosecutor was violated Batson v. Kentuckya precedent that prohibits racial discrimination against the selection of the jury. After 22 years in the death cell, flowers Mississippi received maximum compensation of 500,000 US dollars for his illegal detention.

Another case, that of Lacey Mark Sivak in Idaho, included Jailhouse -Informant, who later admitted, in an exchange against forbearance. The prosecutor held back letters from which they have taken into account to reduce the sentences of the informants. In 2011, the ninth circle decided that the only direct evidence that Sivak implied came from these unreliable sources and found that its constitutional rights had been violated. Sivak finally became annoying to life without probation. The prosecutors admitted: “We are satisfied that this is the right one” and found that the victim's family supported the life sentence.

In Alabama, Phillip Tomlin was four times ahead of the death penalty despite unanimous recommendations for lifelong prison sentences. Courts repeatedly raised his punishments for misconduct by the public prosecutor and the juror. The public prosecutor issued its evidence of judicial confirmation at various points, triggered disadvantageous statements and commented on the silence of the accused. In another case, a juror held back information about his criminal register and his victim status. Tomlin was finally taken to life in 2004 without probation.

The report also describes the case of Jerry Jerome Smith, who was sentenced to death five times and remains in Alabama's death cell. The public prosecutor excluded all 11 black jurors during a process and disproportionately questioned the black jurors in another and removed what made serious protection concerns. Despite several reversals, Smith still remains the risk of execution.

In Mississippi, Richard Gerald Jordan is to be executed on June 25 – almost 50 years after his original prison sentence and after three earlier death sentences. The prosecutors once agreed that Jordan's crime did not justify death and quoted his regrets, his Vietnam War Service and a good behavior of the prison. After a reverse of the procedure, however, the prosecutors were looking for and secured a fourth death sentence, a move of three judges of the Supreme Court, which were criticized as potentially “vengeful”. At the age of 79, Jordan became one of the oldest people in modern US history.

These cases underline a worrying truth: misconduct by the public prosecutor is not a rare mistake in the death penalty system, but a recurring feature. DPIC notes that such misconduct “racial discrimination against jurors, knowingly allows the witnesses to lie on the stand, to hold back evidence from the defense that indicate innocence or make the sworn poorly glowing arguments”.

The financial burden is beyond human costs. The death penalty is considerably more expensive than lifelong imprisonment and often costs the states two to five times more per case. The factors include longer attempts, mandatory calls, special defense teams and the high execution costs. In the ultimately highlighted cases, at least 43 capital proceedings or conviction procedures were unnecessary, since lifelong punishments, commutations or relief followed years of legal disputes.

DPIC comes to the conclusion: “It is a simple fact that the search for the death penalty is more expensive. According to our level of knowledge, there is no credible study that presents the opposite evidence.” These costs are increased if the prosecutors pursue new death sentences even after their own misconduct.

Since the debates about the death penalty are continued across the country, the DPIC report raises urgent questions about justice, fairness and tax responsibility. Why do some prosecutors continue to pursue death in the face of repeated misconduct findings? What does it mean for a system when lifelong sentences are the end result of dozens of costly, incorrect procedures?

For many of these people – such as Curtis Flowers and Lacey Mark Sivak – the answer is clear: the pursuit of death became more about the provision of the public prosecutor than justice. For the rest – like Jerry Jerome Smith and Richard Jordan – the consequences can still prove fatal.

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Brett Kavanaugh curtis flowers Death penalty Death penalty Information Center Doug Evans Jerome Smith Lacey Mark Sivak Mississippi Phillip Tomlin public prosecutor's office Richard Gerald Jordan