! 7 Innocent men h a v e b e e n f r e e d o f f A l a b a m a ’ s Death Row since 1981.

FAIR JUSTICE

ACTUN

INCREASES LIKELIHOOD OF EXECUTING

THE INNOCENT !!DECREASES QUALITY OF DEATH PENALTY APPEALS

UNFair UNJust

UNFair UNJust

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“Injustice Anywhere is a Threat to Justice Everywhere.”

Dr. Martin Luther King, Jr.JAM Justice and Mercy

for All

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As a portion of his 2014 Legislative Agenda, Attorney General Luther Strange has proposed “The Fair Justice Act” as a means to make the death penalty “appellate process more efficient”. AG Strange and several Alabama District Attorneys contend that the appellate process in its current form is too long and arduous, and they insist “The Fair Justice Act” would address these concerns while not diminishing the efficacy of the process. !!!!!!!!!!!!!!!Contrary to the claims of supporters, it is impossible to honestly believe the effects of this change would lead to an increase in the quality of appellate review and representation.

Reactions from Alabama Defense Attorneys “There are lots of Alabama death row prisoners who have had their convictions or death sentences overturned in Rule 32 proceedings after courts found that they had been illegally convicted or sentenced. There is no question that the procedures suggested by the AG will make obtaining relief in Rule 32 more difficult and unlikely.”1

Bryan Stevenson, Equal Justice Initiative “Death penalty cases are given a higher standard of review, which means that any error in the trial is subject to review by the appellate courts. This places a heavier burden on the courts than the typical appeal. To burden the lawyers, the court reporters, the judges and the appellate judges with simultaneous death penalty appeals and Rule 32 attacks would overwhelm the judges and the process and result in errors and omission by all involved.”2

Richard Jensen, Huntsville Defense Attorney

Could Alabama Execute the Innocent? !!!!!!The potential execution of an innocent person can lead to only one conclusion:

”The Fair Justice Act” is neither Fair nor Just! Tell your Legislators - VOTE NO! on “The Fair Justice Act”

1Associated Press (2014, January 12). Plan to speed Alabama death penalty appeals could mean innocent are executed, defense lawyers say. AL.com. .Retrieved from http://al.com! 2Lawson, B. (2014, January 10). Madison County DA: Make Alabama death penalty appeals as fast as Texas’. AL.com. .Retrieved from http://al.com

Current Appeals Process Direct Appeal

- “Plain Error” Review - - Only Considers Written Trial Record - !

!Rule 32

- ALL Issues - - Ineffective Counsel -

- New Evidence - - Prosecutorial or Juror Misconduct - !!

Federal - Final Review by Federal Judges -

Process under “The Fair Justice Act”!Direct Appeal

!Rule 32

- Run Concurrently on “Dual Track” - - Same Courts & Counsel -

- Same Amount of Work - Half the Time - - May Limit Review of Direct Appeal

during Rule 32 - !!!!!!

Federal - Likely Less Effective Due to Changes to

Direct Appeal & Rule 32 -

James “Bo” Cochran - 21 Years on Death Row -

- Received New Trial During Rule 32 - - Acquitted Following 4th Trial -

"Were it not for the appeals process, (Cochran), my first death row exoneration at a new trial, would be dead,”1

Richard Jaffe, Birmingham Defense Attorney

House Judiciary Committee Senate Judiciary CommitteePaul DeMarco (C) - (334) 242-7667 Paul Beckman - (334) 242-7449 Mike Ball - (334) 242-7683 Greg Burdine - (334) 242-7265 Chris England - (334) 242-7703 Allen Farley - (334) 242-7767 Juandalynn Givan - (334) 242-7684 Todd Greeson - (334) 242-7743

Wayne Johnson - (334) 242-7492 Mike Jones - (334) 242-7739 John Robinson - (334) 242-7728 Thad McClammy - (334) 242-7780 Howard Sanderford - (334) 242-4368 David Standridge - (334) 242-7475 Allen Treadaway - (334) 242-7685

Cam Ward (C) - (334) 242-7873 Linda Coleman - (334) 242-7864 Vivian Figures - (334) 242-7871 Jerry Fielding - (334) 242-7898 Mark Keahey - (334) 242-7843 Aurthur Orr - (334) 242-7891

Greg Reed - (334) 242-7894 Rodger Smitherman - (334) 242-7870 Bryan Taylor - (334) 242-7883 Tom Whatley - (334) 242-7865 Phil Williams - (334) 242-7857