And because death sentences are handed out as part of a system that ultimately relies on the judgments of human beings — people can, and do, make mistakes — such a failure is “inevitable,” he said.
“There’s always the possibility that mistakes will be made,” Holder said. “Mistakes and determinations made by juries, mistakes in terms of the kind of representation somebody facing a capital offense receives….There is no ability to correct a mistake where somebody has, in fact, been executed.”
This concept — an innocent person who is still found guilty and given the most severe sentence possible — is obviously not theoretical. Since the early 1970s, more than 150 people sentenced to death have been exonerated, according to the Death Penalty Information Center. Meanwhile, a record 125 people were exonerated in the United States last year, and six of those people had been sentenced to death, the National Registry of Exonerations said in its report.
In Louisiana last month, a former prosecutor publicly apologized for helping put a man who turned out to be innocent on death row. The prosecutor argued that the situation with Glenn Ford, the exonerated man who was eventually released, showed how easily the system could be manipulated by an eager prosecutor and questionable evidence.
“This case shows why the death penalty is just an abomination,” Marty Stroud, the former prosecutor, told The Post last month. “The system failed Mr. Ford, and I was part of the system.” He added: “All it is is state-assisted revenge. We can’t do it. It’s arbitrary, it’s capricious. And I believe that it’s barbaric.”
[How the death penalty continued its slow, steady decline last year]
The case of Cameron Todd Willingham, who was executed by Texas in 2004, remains both in the news and in the court system. Willingham was put to death for setting a fire that killed his three daughters. Yet fresh doubts linger in this particular case more than a decade later, as the jailhouse informant who testified against Willingham later said he lied on the witness stand to reduce his own prison sentence. The prosecutor in the case was formally accused of misconduct in court last month