The trial judge should have to indicate on the record whether he or she agrees with the jury’s sentence of death. When the judge does not agree with the jury’s death sentence, the defendant must not be sentenced to death.
Eliminate Time Limits and Other Constraints on Claims of Actual Innocence
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Claims of actual innocence in capital cases based on newly discovered evidence should be heard by a court of record any time after conviction, without regard for other post–conviction matters or timing. Also, state “closed discovery” laws should be repealed. Those laws prevent defense attorneys or journalists from reviewing evidence following a conviction, thus making the detection of miscarriages of justice even more difficult.