American Civil Liberties Union

Death Penalty:
The death penalty is the ultimate denial of civil liberties. In the past 35 years, 130 inmates were found to be innocent and released from death row. The ACLU Capital Punishment Project is fighting for the end of the death penalty by supporting moratorium and repeal movements through public education and advocacy. We are engaged in systemic reform of the death penalty process, and case-specific litigation highlighting some of its fundamental flaws.


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Death Penalty : General : Legal Documents

Kennedy v. Louisiana - ACLU and NAACP Legal Defense and Educational Fund Amicus Brief (02/21/2008)

Baze v. Rees - ACLU Amicus Brief (11/07/2007)

A letter of the Nevada Coalition Against the Death Penalty requesting to halt the execution of William Castillo by lethal injection (10/12/2007)

Danforth v. Minnesota - ACLU Amicus Brief (07/17/2007)

Uttecht v. Brown - ACLU Amicus Brief (03/28/2007)

ACLU Amicus Brief in Louisiana v. Langley (03/05/2007)
The ACLU CPP filed this amicus brief with the Louisiana Supreme Court in State v. Langley challenging the state appellate court's radical construction of the double jeopardy clause. Under the state court's interpretation, a capital defendant acquitted of first-degree murder could be retried for first-degree, capital murder after he successfully appeals his conviction for the lesser offense, second-degree murder. This interpretation is contrary to over one hundred years of Louisiana and United States constitution double jeopardy jurisprudence. The ACLU filed an amicus brief challenging the state appellate court's radical construction of the double jeopardy clause. It argued that the court's interpretation was contrary to over one-hundred years of Louisiana and United States constitution double jeopardy jurisprudence.

The Louisiana Supreme Court agreed, finding that "there is no basis whatsoever" for failing to apply the "longstanding" double jeopardy principles and ruling that the State could only proceed with the prosecution of the lesser offense.

Florida to Explore Modifications to Lethal Injection (12/15/2006)
Gov. Jeb Bush of Florida established a commission to explore modifications to Florida's lethal injection protocols following the botched execution of Angel Diaz on December 13, 2006. The governor's order imposes a moratorium on all new death penalty warrants until after the commission's final recommendations have been submitted and revisions to the Department of Corrections protocols have been revised.

ACLU Amicus Brief in Lawrence v. Florida (06/27/2006)

ACLU Amicus Brief in Abdur'Rahman v. Bredesen (06/09/2005)

Judge Attacks Ashcroft's Overrides (02/06/2004)

Summary of 9th Circuit decision in Summerlin v. Stewart (09/04/2003)
The Supreme Court held in Ring v. Arizona, 536 U.S.584 (2002), that the 6th amendment requires that crucial findings of fact be made by a jury.

The motion for summary judgment in Rafert v. Missouri (11/22/2002)

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