O'Connor Questions Death Penalty Fairness

M I N N E A P O L I S, July 3 -- Supreme Court Justice Sandra Day O'Connorsaid there are "serious questions" about whether the deathpenalty is being fairly administered in the United States.

"If statistics are any indication, the system may well beallowing some innocent defendants to be executed," O'Connor saidMonday in a speech to the Minnesota Women Lawyers group.

O'Connor, who has been a swing vote on several death penaltycases, said six death row inmates were exonerated and released lastyear, and that 90 inmates have been exonerated and set free since1973.

O'Connor said the growing availability of DNA testing mayalleviate some concerns. But she said most states with capitalpunishment have not passed laws addressing post-conviction testing.

She also said the quality of defense lawyers for people incapital cases has been inadequate in too many cases.

"Perhaps it's time to look at minimum standards for appointedcounsel in death cases and adequate compensation for appointedcounsel when they are used," she said.

O'Connor noted a rise in the number of executions since she wasappointed to the high court in 1981. She said there were 856 deathrow inmates across the country that year, compared to 3,711 in2000. O'Connor said one inmate was executed in 1982, compared to 85last year.

Noting that Minnesota does not have the death penalty, O'Connorsaid, "You must breathe a big sigh of relief every day."