Georgia Congressman Hank Johnson has reintroduced a bill that would allow death row inmates to submit new evidence during appeals, addressing concerns about wrongful convictions and the need for fairness in the justice system.
Georgia Democratic Representative Hank Johnson has once again introduced a bill that aims to enhance the appeals process for death row inmates, granting them the opportunity to present newly discovered evidence that could potentially exonerate them. The Effective Death Penalty Act (H.R. 9868) was initially proposed in 2009 and reintroduced in 2020.
Under current law, death row inmates cannot introduce new evidence during their appeals unless they have exhausted all state court remedies. This requirement stems from a 1999 Supreme Court ruling intended to afford state courts the chance to fully resolve constitutional claims before involving federal courts.
Effective Death Penalty Appeals Act Reintroduced to Aid Death Row Inmates
However, Rep. Johnson argues that this requirement can perpetuate wrongful convictions, as innocent individuals may lack the means to exhaust all available state remedies. "We've got innocent people on death row right now with no opportunity to show compelling new evidence of innocence," he stated.
The proposed bill would amend the provision in the U.S. Code governing habeas corpus petitions, allowing death row inmates to not only introduce new evidence that challenges their guilt but also to raise an ineffective counsel claim on direct appeal. Some states currently do not permit such claims during direct appeals.
Effective Death Penalty Appeals Act Reintroduced to Aid Death Row Inmates
The inclusion of the latter provision stems from the 2022 Supreme Court case Shinn v. Ramirez, where the Court ruled that habeas corpus courts cannot consider evidence beyond the state-court record when evaluating ineffective counsel claims.
Rep. Johnson's bill seeks to address this limitation, recognizing the potential for inadequate legal representation to lead to wrongful convictions. "I believe we should completely abolish the death penalty," he said, "but while half of the states still have capital punishment on their books, America needs the Effective Death Penalty Appeals Act to help wrongly convicted people on death row present newly discovered evidence that they are innocent."
Effective Death Penalty Appeals Act Reintroduced to Aid Death Row Inmates
The bill has garnered support from proponents of criminal justice reform, who contend that it would reduce the risk of executing innocent individuals and ensure a fairer and more humane justice system.
Opponents of the bill argue that it could lead to an increase in frivolous appeals and hamper the efficiency of the criminal justice system. They also assert that state courts are best equipped to handle matters of state law, including the review of death penalty convictions.
Effective Death Penalty Appeals Act Reintroduced to Aid Death Row Inmates
The Effective Death Penalty Appeals Act faces an uncertain fate in the current political landscape. While it has been referred to the House Judiciary Committee, its passage is far from guaranteed. Nevertheless, the bill has sparked a renewed debate about the fairness and efficacy of capital punishment in the United States.
