“Yet in just the few years since [Herrera], DNA testing has established the factual innocence of no fewer than 12 inmates on death row, some of whom came within days of being executed and all whom have now been released,” Judge Jed Rakoff said.
THE 1994 FEDERAL death penalty statute violates the Constitution by creating “an undue risk that a meaningful number of innocent persons” are being convicted of capital crimes and sentenced to die, a Southern District judge said yesterday.
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