Untitled

CITIZENS FOR A MORATORIUM ON
FEDERAL EXECUTIONS

November 29, 2000

Dear Mr. President:
We, the undersigned law professors, are deeply concerned that our nation is on the eve of the first federal execution in almost forty years. As people who have dedicated our careers to teaching law, we are disturbed by the increasing evidence of grave injustices with the application of the death penalty throughout the country. Our nation’s death rows are filled not with the people who have committed the most heinous crimes, but with those who have the fewest resources to defend themselves.
Unfortunately, the federal system is not immune from inequity. A recently released Department of Justice report shows evidence of racial and geographic disparity in the implementation of the federal death penalty. During a September 12th press conference, Attorney General Reno stated that “an even broader analysis must be undertaken to determine if bias does, in fact, play any role in the federal death penalty system.” She asked the National Institute for Justice to solicit research proposals from outside experts to analyze the data. To our knowledge, these outside reviews have not yet commenced, and certainly cannot be completed before the scheduled execution of Juan Garza on December 12,2000. We urge you in the strongest terms possible to forbid federal executions to take place with all these unanswered questions and strong evidence of serious unfairness in the federal system.
The survey of the death penalty authorization process by the Department of Justice reveals disturbing patterns. Among all the federal capital defendants against whom the Attorney General has authorized seeking the death penalty, 69% have been Hispanic and African American (18% and 51% respectively), while only 25% have been white. The Department of Justice has no data concerning the potential pool of persons against whom federal capital cases might be filed and authorized. However, if one uses the data concerning persons entering the state prisons as a comparison, we know that only 12 % of all persons entering the state prisons after being convicted of homicide are Hispanic. On this basis, the federal capital process over-prosecutes Hispanics by a factor of 50%. Using similar data, 40% of all persons entering the state prisons after being convicted of homicide are white. The federal capital process thus under-prosecutes whites by a factor of 37.5%.
These disparities persist when the Department’s data is examined from other perspectives. For example, 47% of all white defendants for whom the Attorney General authorized seeking the death penalty were subsequently allowed to plead guilty in exchange for a non-death sentence, as compared to only 27% of Hispanic defendants whose cases were authorized for death. And on death row itself, as of the time of the Department’s survey, 17 of the 21 persons on federal death row – 81 % – were racial or ethnic minorities.
Moreover, we are concerned that the federal government is poised to begin executions at the very moment the nation is questioning the use of the death penalty. According to a recent bi-partisan poll, 64% of Americans support a temporary halt to executions while steps are taken to ensure that the system works fairly. Nearly a year ago, Governor Ryan from Illinois imposed an executive moratorium after13 innocent people had been released from death row. Governor Ryan announced that the Illinois capital punishment system is “fraught with error” and that he would permit no more executions in his state until the completion of a study by a special commission. An October 31st New York Times article discusses the extent to which, even at the local level, action is being taken to voice doubts about the administration of the death penalty. The story highlights Charlotte, North Carolina, a state in which eight city councils have now passed moratorium resolutions. Charlotte City Councilman Rod Autrey, himself a death penalty proponent, voted for the moratorium saying, “It’s apparent to me that those with little resources are not going to get the same treatment as others.” Dozens of other cities around the country have passed similar measures.
The problems of incompetent counsel, prosecutorial misconduct, and the risk of wrongful convictions and death sentences that have galvanized public concern in many death penalty states have counterparts in the federal system. In addition to the troubling racial and regional disparities revealed by the Department of Justice survey, federal prosecutions are beset by other problems that create the risk of wrongful conviction and sentencing. Federal prosecutors rely heavily on bargained-for testimony from accomplices of the capital defendant, often obtained in exchange for not seeking the death penalty, which creates a serious risk of false testimony. Federal prosecutors are not required to provide meaningful discovery far enough ahead of trial to permit the defense to be prepared to test the prosecution case. The FBI refuses to record electronically interrogations that produce confessions, making the process of distinguishing reliable from unreliable confessions much more difficult than it need be. Federal prosecutors rely heavily on unreliable and misleading predictions of “future dangerousness” to secure death sentences. Together, these problems give rise to the same concerns about unfairness and wrongful conviction and sentencing that have moved many people in the country to call for a moratorium with respect to state capital sentencing schemes.
The death penalty as practiced in the United States makes a mockery of due process -- the fundamental philosophy underpinning our justice system that everybody deserves a fair trial. Recognizing these problems, the American Bar Association called for a moratorium in 1997 until “we as a nation can ensure that policies are in place in every death penalty jurisdiction that guarantee fundamental fairness and due process free from racial or ethnic bias.” That day has not arrived, nor does it appear to be near at hand.
Mr. President, we believe it would be unconscionable to execute Mr. Garza at a time when nagging questions about the federal death penalty system have been raised but are still unanswered. Article II, Section 2 of the Constitution gives you the exclusive power to “grant reprieves and pardons for Offenses against the United States.” We request that unless you grant Mr. Garza’s clemency application, his reprieve be extended to encompass the time within which racial disparities and other problems with the federal death penalty are thoroughly examined and potential remedies considered, and that a moratorium on further federal executions also be put into place pending this process of review and remediation.
Thank you for your attention to this issue. We look forward to hearing from you.

Respectfully,
Prof. Richard Abel
University of California-Los Angeles School of Law
Prof. David Abraham
University of Miami School of Law
Prof. Catherine Admay
Duke University School of Law
Prof. Lee Albert
University of Buffalo School of Law
Prof. Jane Alexander
Stanford Law School
Prof. Layman Allen
University of Michigan School of Law
Prof. Albert Alschuler
University of Chicago Law School
Prof. Scott Altman
University of Southern California
Prof. Diane Marie Amann
University of California-Davis
Prof. Roger Andersen
University of Toledo College of Law
Prof. Gary Anderson
University of Tennessee College of Law
Prof. William Andreen
University of Alabama School of Law
Prof. Annette Appell
University of Nevada, William S. Boyd School of Law
Prof. Ellen Aprill
Loyola Law School
Prof. Peter Arenella
University of California @ Los Angeles School of Law
Prof. Frank Askin
Rutgers School of Law
Prof. Paul Axel-Lute
Rutgers School of Law
Prof. Barbara Allen Babcock
Stanford Law School
Prof. Thomas Baker
Drake University Law School
Prof. David Baldus
University of Iowa College of Law
Prof. Susan Bandes
Depaul University College of Law
Prof. Kimberly Barlow
University of California-Los Angeles School of Law
Prof. Jayne Barnard
William and Mary Law School
Prof. John H. Barton
Stanford Law School
Prof. Bob Batey
Stetson University
Prof. Joseph Bauer
Notre Dame Law School
Prof. Joseph Bauer
Notre Dame Law School
Prof. Bernard Bell
Rutgers School of Law
Prof. Laurence Benner
California Western School of Law
Prof. Susan Bennett
American University Washington College of Law
Prof. Ursula Bentele
Brooklyn Law School
Prof. Barbara Bergman
University of New Mexico School of Law
Prof. Linda Beres
Loyola Law School
Prof. Brenda Berlin
Duke University School of Law
Prof. Morris Bernstein
University of Tulsa College of Law
Prof. Donald Bersoff
Villanova Law School
Prof. Louis Billionis
University of North Carolina School of Law
Prof. Chris Blakesley
Louisiana State Law Center
Prof. Charles S. Bobis
St. Johns University School of Law
Prof. Kenneth Bobroff
University of New Mexico
School of Law
Prof. Jack Boger
University of North Carolina School of Law
Asst. Prof. Surell Brady
University of Maryland School of Law
Prof. Cynthia Bowman
Northwestern University School of Law
Prof. William Bridge
Southern Methodist University School of Law
Prof. Paul Brietzke
Valparaiso School of Law
Prof. Mark Brodin
Boston College Law School
Prof. Allan Brotsky
Golden Gate University School of Law
Prof. Daryl K. Brown
Washington and Lee School of Law
Prof. Fred Brown
University of Baltimore Law School
Prof. Mark Brown
Stetson University
Prof. Susan Bryant
City University of New York School of Law
Prof. Burton Caine
Temple University School of Law
Prof. Patricia A. Caine
University of Iowa School of Law
Prof. Stacy Caplow
Brooklyn Law School
Prof. Alexander Capron
University of Southern California
Prof. Gilbert Carrasco
University of Oregon Knight Law Center
Prof. Paul Carrington
Duke University Law School
Prof. Linda Carter
University of the Pacific McGeorge School of Law
Prof. Kenneth Casebeer
University of Miami Law School
Prof. Martha Chamallas
University of Pittsburgh School of Law
Prof. David Chambers
University of Michigan Law School
Prof. Gabriel Chin
Western New England College School of Law
Prof. Carol Chomsky
University of Minnesota School of Law
Prof. Donald Clifford
University of North Carolina School of Law
Prof. Donna Coker
University of Miami Law Center
Prof. David Cole
Georgetown University School of Law
Prof. Elizabeth Cole
Tulane University School of Law
Prof. Melissa Cole
St. Louis University School of Law
Prof. Doriane Coleman
Duke University School of Law
Prof. James Coleman
Duke University School of Law
Prof. Stephen Conrad
Indiana University School of Law
Prof. Jan C. Costello
Loyola Law School
Prof. James Cox
Duke University School of Law
Prof. Cathy Crosson
Indiana University School of Law
Prof. Jerome Culp
Duke University School of Law
Prof. Michael Curtis
Wake Forest University School of Law
Prof. Harlon Dalton
Yale Law School
Prof. Wes Daniels
University of Miami Law School
Prof. Richard Danner
Duke University School of Law
Asst. Prof. Thomas Davies
University of Tennessee College of Law
Prof. Angela J. Davis
Washington College of Law American University
Prof. Luis Jorge Degraffle
City University of New York School of Law
Prof. Christine Desan
Harvard University School of Law
Prof. John Dipippa
University of Arkansas, Little Rock School of Law
Prof. Donald Doernberg
Pace University Law Center
Prof. David Dow
University of Houston School of Law
Asst. Prof. Joshua Dressler
University of the Pacific McGeorge School of Law
Prof. Robert Drinan
Georgetown University Law Center
Prof. Steven Drizin
Northwestern University
Prof. Steven Duke
Yale Law School
Professor Melvyn Durschslag
Case Western Reserve University
Prof. Fernand Dutile
Notre Dame University
Prof. Peter Edelman
Georgetown University Law Center
Asst. Prof. Pamela Edwards
City University of New York
Prof. James W. Ellis
Dickason School of Law University of New Mexico
Asst. Prof. Stephen Ellman
New York University School of Law
Prof. Phoebe Ellsworth
University of Michigan Law School
Prof. Anne Emanuel
Georgia State University
Prof. Deborah Epstein
Georgetown University Law Center
Prof. Marjorie Esman
Tulane University School of Law
Pror. Bryan Fair
University of Alabama School of Law
Asst. Prof. Amy Fallon
New York University School of Law
Prof. Reta-Noblet Feld
University of Iowa
Prof. Stephen Feldman
University of Tulsa College of Law
Asst. Prof. Nancy Fink
Brooklyn Law School
Prof. Paul Finkleman
University of Tulsa College of Law
Prof. Catherine Fisk
Loyola Law School
Prof. Alyson Floumoy
University of Florida
Prof. Judy Fonda
Loyola Law School
Prof. Eric Freedman
Hofstra University School of Law
Prof. Monroe Freedman
Hofstra University School of Law
Prof. Ellen R. Fried
City University of New York School of Law
Prof. Lawrence Friedman
Stanford Law School
Prof. Richard Friedman
University of Michigan Law School
Prof. Jennifer Friesen
Loyola Law School
Prof. Mary Ellen Gale
Whittier College of Law
Prof. Paula Galowitz
New York University School of Law
Prof. Norman Garland
Southwestern University School of Law
Prof. William Geimer
Washington and Lee School of Law
Prof. Bennett Gershman
Pace University School of Law

Prof. Steven Gey
Florida State University College of Law
Prof. Michael Gilbert
University of Texas-San Antonio
Prof. Gary Gilden
Dickenson School of Law Pennsylvania State
Prof. Daniel Givelber
Northeaster University School of Law
Dean Howard A. Glickstein
Jacob D. Fuchsberg Law Center, Touro College
Prof. David Goldberger
Ohio State University College of Law
Prof. Phyllis Goldfarb
Boston College Law School
Prof. Ken Graham
University of California-Los Angeles
Prof. Grayfred Gray
University of Tennessee College of Law
Prof. Thomas C. Grey
Stanford Law School
Prof. Roger Groot
Washington and Lee School of Law
Prof. Lawrence Grosberg
New York University School of Law
Prof. Ariela Gross
University of Southern California
Prof. Samuel Gross
University of Michigan Law School
Asst. Prof. Steve Grossman
University of Baltimore School of Law
Asst. Prof. Martin Guggenheim
New York University School of Law
Prof. Gerald Gunther
Stanford Law School
Prof. Douglas Haddock
St. Mary’s of San Antonio School of Law
Prof. Donald Hall
Vanderbilt University School of Law
Prof. Gwen Thayer Handleman
Nova Southeastern University
Dean Joseph Harbaugh
Nova Southeastern University
Prof. Angela P. Harris
University of California-Berkeley
Prof. Leslie Harris
University of Oregon School of Law
Prof. Frederick Hart
University of New Mexico School of Law
Prof. Emily Albrink Hartigan
St. Mary’s Law School
Prof. Lynne Henderson
Stanford Law School
Prof. Susan Herman
Brooklyn Law School
Prof. Randy Hertz
New York University Law School
Prof. Perry Hodges
Indiana University School of Law
Asst. Prof. C. Quince Hopkins
Washington and Lee University School of Law
Prof. Kenneth Houp
University of Texas School of Law
Prof. Joan Howarth
Golden Gate University
Prof. Marina Hsieh
University of Maryland Law School
Prof. Kyron Huigens
Benjamin N. Cardozo School of Law, Yeshiva University
Prof. Lisa Ikemoto
Loyola School of Law
Prof. Louis Jacobs
Ohio State University School of Law
Prof. Stewart Jay
University of Washington School of Law
Prof. Eric Janus
William Mitchell College of Law
Prof. Jane Johnson
Tulane University School of Law
Asst. Prof. Paula Johnson
Syracuse University College of Law
Prof. Sheri Johnson
Cornell School of Law
Prof. Paul Joseph
Nova Southeastern University
Prof. Jose Roberto Juarez, Jr.
St. Mary’s University
Prof. David Kairys
Temple University School of Law
Prof. Yale Kamisar
University of Michigan Law School
Prof. Mark Kelman
Stanford School of Law
Prof. Patricia King
Georgetown University Law Center
Prof. Jeffrey L. Kirchmeier
City University of New York School of Law
Prof. Rick Kirgis
Washington and Lee School of Law
Prof. Richard Klein
Touro Law Center
Prof. Susan R. Klein
University of Texas School of Law
Prof. Marjorie Knowles
Georgetown University Law Center
Prof. Margery Koosed
Akron University School of Law
Prof. Gregory Koster
City University of New York School of Law
Prof. Ellen Kreitzberg
University of Santa Clara School of Law
Prof. Harold Krent
Chicago Kent College of Law
Prof. Bailey Kuklin
Brooklyn School of Law
Prof. Paul Kurtz
University of Georgia School of Law
Asst. Prof. April Land
University of New Mexico
Prof. Karen Lash
University of Southern California
Prof. Frederick Lawrence
Boston University School of Law
Prof. Norman Lefstein
Indiana University
Prof. Richard Lempert
University of Michigan Law School
Prof. David Leonard
Loyola Law School
Prof. Alan Lerner
University of Pennsylvania
Prof. John Leubsdorf
Rutgers Center for Law and Justice
Prof. Nancy Levit
University of Missouri School of Law
Prof. Christine Littleton
University of California @ Los Angeles
Prof. Stephen Loffredo
City University of New York
Prof. Ian F. Haney Lopez
University of California-Berkeley
Prof. Antoinette Sedillo Lopez
University of New Mexico
Asst. Prof. Guadalupe Luna
Northern Illinois University School of Law
Prof. Ira Lupu
University of Missouri School of Law
Prof. Holly Maguigan
New York University School of Law
Prof. Karl Manheim
Loyola Law School
Prof. Mari Matsuda
Georgetown University School of Law
Prof. Larry Marshall
Northwestern University Law Center
Asst. Prof. Earl F. Martin
Texas Wesleyan University School of Law
Prof. Frances Leos Martinez
St. Mary’s University School of Law
Prof. Ann C. McGinley
University of Nevada Las-Vegas
Asst. Prof. M. Isabel Medina
Loyola University-New Orleans
Prof. Michael Meltsner
Northeastern University School of Law
Prof. Cynthia Mertens
Santa Clara University School of Law
Prof. Carlin Meyer
New York University Law School
Asst. Prof. Cheryl Meyer
City University of New York
Prof. Denise Meyer
University of Southern California
Prof. Naomi Mezey
Georgetown University Law Center
Prof. Frank Michelman
Harvard University Law School
Prof. David Mills
Stanford Law School
Prof. Andre Moenssens
University of Missouri-Kansas City College of Law
Prof. Margaret Montoya
University of Tennessee School of Law
Prof. Jennifer Moore
University of New Mexico School of Law
Asst. Prof. David Moran
Wayne State University School of Law
Prof. Denise Morgan
New York University School of Law
Prof. Martha Morgan
University of Alabama School of Law
Prof. Margaret Moses
Loyola University Chicago School of Law
Prof. Frederick Moss
Southern Methodist University
Prof. Peter Murray
Harvard University School of Law
Prof. Joel Newman
Wake Forest University School of Law
Prof. Kenneth Nunn
University of Florida College of Law
Prof. James O’ Fallon
University of Oregon School of Law
Prof. Edward Ohlbaum
Temple University School of Law
Prof. Spencer Overton
University of California-Davis
Prof. Victoria Palacios
Southern Methodist University
Prof. Jim Phemister
Washington and Lee
Asst. Prof. Raquel-Aldana Pindell
William S. Boyd School of Law, University of Nevada-Las Vegas
Prof. Lee Pizzimenti
University of Toledo College of Law
Prof. Ellen S. Podgor
Georgia State University School of Law
Prof. Daniel Pollitt
University of North Carolina School of Law
Prof. Robert Popper
University of Missouri-Kansas City
Prof. Anne Bowen Poulin
Villanova University
Prof. Ed Purcell
New York University School of Law
Prof. Elizabeth Rapaport
University of New Mexico School of Law
Asst. Prof. Rosetta Reid
New York University School of Law
Prof. Paul Reingold
University of Michigan Law School
Prof. Dean Rivkin
University of Tennessee College of Law
Prof. Ruthann Robson
City University of New York School of Law
Prof. Richard Rosen
University of North Carolina School of Law
Prof. Tamina Rostain
New York University School of Law
Prof. Donald Rothschild
George Washington University Law School
Prof. Ronald Rotunda
University of Illinois College of Law
Prof. Margaret M. Russell
Santa Clara University School of Law
Prof. Steve Russell
University of Texas-San Antonio School of Law
Prof. Susan Rutberg
Golden Gate University School of Law
Prof. Natsu Saito
Georgia State University College of Law
Prof. Alan Saltzman
University of Detroit-Mercy School of Law
Prof. Elizabeth Samuels
University of Baltimore School of Law
Prof. John Scanlon
Indiana University School of Law
Prof. Barry Scheck
Benjamin N. Cardozo School of Law, Yeshiva University
Prof. Anne Schroth
University of Michigan Law School
Prof. Walter Schwidetzky
University of Baltimore School of Law
Prof. Louis Seidman
Georgetown University Law School
Prof. Michael Selmi
George Washington University Law Center
Prof. Marci Seville
Golden Gate University School of Law
Prof. Steven F. Shatz
University of San Francisco School of Law
Prof. Joan Shaughnessy
Washington and Lee School of Law
Prof. Sheila Shelvin
University of Houston Law Center
Prof. Marjorie M. Shultz
University of California-Berkeley
James J. Silk, Executive Director
Center for International Human Rights, Yale Law School
Prof. Marjorie A. Silver
Touro Law Center
Prof. Andrew Silverman
University of Arizona
Prof. Dan Simon
University of Southern California School of Law
Prof. Richard Singer
Rutgers University School of Law
Prof. Kenneth Simmons
Boston University Law Center
Prof. Abbe Smith
Georgetown University School of Law
Prof. Aviam Soifer
Boston College
Prof. Girardeau Spann
Georgetown University
Prof. Barbara Stark
University of Tennessee School of Law
Prof. Edward Steinman
Santa Clara University School of Law
Prof. Joan Steinman
Chicago-Kent School of Law
Prof. Margaret Stewart
Chicago-Kent School of Law
Prof. Jan Stiglitz
University of Southern California School of Law
Prof. Christopher Stone
California Western University School of Law
Prof. Nadine Strossen
New York University School of Law
Prof. Scott Sundby
Washington and Lee School of Law
Prof. Allen Sultan
University of Dayton School of Law
Prof. Ellen Suni
University of Missouri-Kansas City
School of Law
Prof. Nadine Taub
Rutgers Law School
Asst. Prof. Ann Thomas
New York University Law School
Prof. Michael E. Tiger
Washington College of Law
Prof. Mary Twitchell
University of Florida
Prof. David Vandercoy
Valparaiso University School of Law
Prof. Michael Vitiello
McGeorge School of Law, University of the Pacific
Judge Edward Weinfeld, Prof. of Law
New York University School of Law
Prof. Charles D. Weisselber
University of California-Berkeley
Prof. Harry Wellington
New York University School of Law
Prof. Martha S. West
University of California-Davis
Asst. Prof. Robert Westley
Tulane Law School
Prof. Marianne Wesson
University of Colorado
Prof. Jane Wettach
Duke University School of Law
Asst. Prof. Penny J. White
University of Tennessee College of Law
Prof. Sarah k. Wiant
Washington and Lee School of Law
Prof. Stephanie M. Wildman
University of California-Berkeley
Prof. Gary Williams
Loyola School of Law
Asst. Prof. Paula Williams
University of Tennessee College of Law
Asst. Prof. Paulette Williams
University of Tennesse College of Law
Prof. Larry Yackle
Boston University School of Law

(Institutional Affiliation noted for identification purposes only)

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