[Deathpenalty] death penalty news----USA----Edwards on the death penalty

[Rick Halperin]

The following are excerpts from the issues2000 website
(http://www.issues2000.org).

The specific cites below can be found at
/http://www.issues2000.org/2004/John_Edwards_Crime.htm


>From the Feb. 26, 2004 primary debate at USC:

SHARPTON: Senator Edwards, are you saying, since you agree that there's a
lot of problems in the death penalty -- and no one has mentioned the racial
disparity about those on death row -- that therefore, you would suspend your
support of capital punishment until we dealt with those problems?

EDWARDS: No, I would not.

SHARPTON: So you would proceed even with the flaws?

EDWARDS: I think those changes need to be made in the system. We need to make
those changes. I've been fighting for those changes in the United States
Senate.

SHARPTON: But you would let them continue?

EDWARDS: States can evaluate whether their own system is working. I think
they vary from  state-to-state. Illinois did that and came to a conclusion
that their system was not working. I think we should support that if they
make that determination.

SHARPTON: That sounds like states' rights again. I don't agree with that.

EDWARDS: No, it is not.

(source: Democratic 2004 primary debate at USC Feb 26, 2004)

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Capital punishment needed-some crimes deserve ultimate

Q: What about this case that means the United States nearly executed over
100 people who didn't do it.

EDWARDS: Very serious issue, and it means we need to take lots of serious
steps to deal with it, which means using DNA testing. It means making all
of the most modern technologies available. It means making the court system
work, not just for those who can hire the best lawyers money can buy, but
for folks who have to have indigent counsel. I've seen what happens in court
rooms. I know how important it is to have a lawyer representing an indigent
defendant who knows what they're doing.

Q: Why do you favor capital?

EDWARDS: Because I think there are some crimes -- those men who dragged
James Byrd behind that truck in Texas, they deserve the death penalty. And
I think there are some crimes that deserve the ultimate punishment.

(source: Democratic 2004 primary debate at USC Feb 26, 2004)

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Death penalty for heinous crimes, but applied fairly

Q: Do you support the death penalty?

A: I believe the death penalty is the most fitting punishment for the most
heinous crimes, and I support it. But we need reforms in the death penalty
to ensure that defendants receive fair trials, with zealous and competent
lawyers, and with full access to DNA testing.

(source: Associated Press policy Q&A, "Death Penalty" Jan 25, 2004)


**************************************************

Supports the death penalty

I support greater emphasis on drug treatment and elimination of mandatory
minimums for certain non-violent crimes. I also support the death penalty
and reform of our probation and parole systems to provide more support and
supervision.

(source: Vote-Smart Presidential National Political Awareness Test Jan 8,
2004)

*********************************************


More DNA testing to reduce wrongful capital convictions


Edwards supports bringing DNA technology to smaller police departments, to
lower-level crimes, and to cold cases. He also believes we should clear the
backlog of untested rape kits in unsolved cases, and make DNA testing more
available to death penalty defendants to reduce the risk of wrongful
convictions. He will accompany increased DNA testing with strong protections
to safeguard our civil liberties.

(source: Campaign website, JohnEdwards.com, "Real Solutions" Jan 1, 2004)

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More funding and stricter sentencing for hate crimes.


Edwards sponsored the Local Law Enforcement Hate Crimes Prevention Act:

Title: To provide Federal assistance to States and local jurisdictions to
prosecute hate crimes.

Summary: Provide technical, forensic, prosecutorial, or other assistance in
the criminal investigation or prosecution of any violent crime that is
motivated by prejudice based on the race, color, religion, national origin,
gender, sexual orientation, or disability of the victim or is a violation
of hate crime laws.

Award grants to assist State and local law enforcement officials with
extraordinary expenses for interstate hate crimes.

Award grants to State and local programs designed to combat hate crimes
committed by juveniles.

Prohibit specified offenses involving actual or perceived race, color,
religion, national origin, gender, sexual orientation, or disability.

Increase criminal sentencing for adult recruitment of juveniles to commit
hate crimes.

Collect and publish data about crimes that manifest evidence of prejudice
based on gender.
Source: House Resolution Sponsorship 01-HR1343 on Apr 3, 2001

Require DNA testing for all federal executions.


Edwards sponsored the Innocence Protection Act:

Title: To reduce the risk that innocent persons may be executed. Summary:
Authorizes a person convicted of a Federal crime to apply for DNA testing
to support a claim that the person did not commit:

the Federal crime of which the person was convicted; or

any other offense that a sentencing authority may have relied upon when it
sentenced the person with respect to such crime.

Prohibits a State from denying an application for DNA testing made by a
prisoner in State custody who is under sentence of death if specified
conditions apply.


Provides grants to prosecutors for DNA testing programs.


Establishes the National Commission on Capital Representation.


Withholds funds from States not complying with standards for capital
representation.


Provides for capital defense incentive grants and resource grants.


Increases compensation in Federal cases, and sets forth provisions regarding
compensation in State cases, where an individual is unjustly sentenced to
death.


Adds a certification requirement in Federal death penalty prosecutions.


Expresses the sense of Congress regarding the execution of juvenile offenders
and the mentally retarded.

(source: House Resolution Sponsorship 01-HR912 on Mar 7, 2001)