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This week in the magazine, David Grann writes about a possible case of wrongful execution.
In that ruling the nation's highest judicial panel noted that intellectual disability placed prisoners at "special risk of wrongful execution".
It was a case of wrongful execution, Gary C. Anderson, a history professor at the University of Oklahoma and Little Crow biographer, said last week in an interview.
Mr. Graham's situation has also exposed the timidity of both Governor Bush and his Democratic presidential opponent, Al Gore, in addressing the risks of wrongful execution of inmates who have been deprived of fair trials.
And after death, both lay claim to what Grann calls the "grisly Holy Grail among opponents of capital punishment": a verifiable case of wrongful execution, what Sandra Day O'Connor once decreed a "constitutionally intolerable event".
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THE DEATH OF INNOCENTS: An Eyewitness Account of Wrongful Executions, by Helen Prejean.
But because the system to provide lawyers for the poor is so weak in Texas, there is reason to be even more concerned about the risk of wrongful executions there than in Illinois.
The only way to eliminate the risk of a wrongful execution is to replace the death penalty with life in prison without parole.
And while it would put an end to wrongful executions, it might well lead to more overall injustice.
Its most famous use was attributed to several Frenchmen, including Talleyrand in 1804, referring to the wrongful execution of a nobleman whom Napoleon suspected of conspiring against him: "It is worse than a crime.
Massachusetts seems to be alone in allowing lawyers to reveal secrets "to prevent the wrongful execution or incarceration of another".
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