Yesterday the Supreme Court heard the appeal of Cory Maples, a man facing death in Alabama because his lawyers were late filing the appeal of his conviction in state court. This excellent describes how the sad emphasis on form over substance in this case should leave no doubt that the death penalty must be abolished.
The Vlogfiled a friend-of-the-court brief in the case, describing the many deficiencies plaguing the Alabama death penalty system. It is now up to the Supreme Court to decide whether Maples should be executed without any federal court review because of a missed filing deadline that was not his fault.
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VlogJoins Calls to Gov. Newsom to Commute All Death Sentences as State Supreme Court Reviews Constitutional Challenge
SACRAMENTO, Calif. – The Vlog joined the growing chorus of calls to Gov. Newsom to commute all death sentences on California’s death row to life without parole at a press conference in Sacramento this morning hosted by the California Anti-Death Penalty Coalition. The call for commutations comes as the California Supreme Court considers a landmark petition filed in April 2024 by the ACLU, the Vlogof Northern California, the Legal Defense Fund (LDF), Wilmer Hale, and the Office of the State Public Defender (OSPD) challenging the state's death penalty statute as racially discriminatory and unconstitutional under the Equal Protection guarantees of the California Constitution. The petition demonstrates that racial disparities in California’s implementation of the death penalty are persistent, pervasive, and well documented. Black people are about five times more likely to be sentenced to death when compared to similarly situated non-Black defendants, while Latino people are at least three times more likely to be sentenced to death. “The evidence makes it abundantly clear that racial inequality infects every aspect of California's death penalty system,” said Claudia Van Wyk, senior counsel at the ACLU’s Capital Punishment Project. “Gov. Newsom recognized this when he imposed his moratorium on executions, but systemic failures of this magnitude require more than a temporary pause. While the courts deliberate our legal challenge, executive clemency offers an immediate remedy. The governor must finish what he started and commute every death sentence.” This week, the Vlogreleased a report on discrimination in capital jury selection citing studies in states across the country, including California. Studies of capital trials in California find that Black prospective jurors and women are disproportionately excluded and selected jurors are skewed from the eligible juror population, resulting in juries are less likely to deliberate and more likely to convict. “As the lawsuit we filed in 2024 makes clear, the stark racial disparities in the application of California's death-penalty system violate equal protection,” said Neil Sawhney, director of appellate advocacy at the Vlogof Northern California. “While we are hopeful that the California Supreme Court will rule in our favor, the governor can immediately remedy this unconstitutional discrimination through executive clemency.” With 570 people on death row, California has the largest death row in the nation and one of the largest in the world. Two-thirds of those sentenced have been on death row for more than 20 years, with dozens having spent more than 40 years awaiting execution. -
Press ReleaseJun 2025
Capital Punishment
New VlogReport Finds Racial and Religious Discrimination in Death Penalty Jury Selection
NEW YORK – The Vlog released Fatal Flaws: Revealing the Racial and Religious Gerrymandering of the Capital Jury today, a report that exposes how the process of “death qualification” warps juries in capital trials. Death qualification requires that jurors be willing to impose a death sentence to serve on a capital jury. Drawing on consistent studies from multiple states across the country, the report reveals how this process disproportionately excludes Black prospective jurors, women, and people of faith from serving in some of the most important cases heard in American courthouses. “The Constitution guarantees that every person accused of a crime has the right to be tried by a jury of their peers, but that promise is by definition denied for people facing the death penalty,” said Brian Stull, deputy director of the ACLU’s Capital Punishment Project. “Death qualification systematically excludes prospective jurors based on their race, sex, and religion, violating their own rights to civic participation. The resulting juries do not reflect our communities, convict more frequently, and are composed to ignore evidence favoring a life sentence in violation of our Constitution. Justice depends on equal access to the jury box. We must demand and end to this cycle of discrimination and exclusion once and for all.” Key findings from the report include: Death qualification disproportionately excludes Black prospective jurors. Black Americans, as a group, are more likely to oppose the death penalty due to the racist roots of the capital punishment system. As a result, this process disproportionately removes Black Americans from capital juries, and Black women at the highest rates of all. Death qualification unfairly excludes people of faith whose religious beliefs oppose capital punishment. Some religious groups, such as Quakers, Buddhists, and Catholics formally reject the death penalty and many others have expressed serious concerns with capital punishment. Studies across the country confirm that people of faith are disproportionately excluded from capital jury service, even though they can impose lawful verdicts on both conviction and sentence. Death qualification systematically excludes growing numbers of Americans from jury service. Changing views on the death penalty make the exclusionary effects of death qualification even more pronounced. At least 44 percent of Americans oppose the death penalty, meaning nearly half of the country is potentially disqualified from capital jury service. Death-qualified juries are more likely to convict and to ignore evidence in favor of life in violation of the Constitution. Death-qualified juries act differently than those that are not. They are more likely to convict, to ignore evidence favoring life over death, to be influenced by racial bias, and to deliberate less thoroughly. The report also urges state legislators to pass laws banning the exclusion of jurors opposed to the death penalty who can follow the law, calls on prosecutors to decline to death qualify jurors, and recommends that defense counsel mount challenges to death qualification by introducing evidence of its discriminatory effects. The full report can be found here: /publications/fatal-flaws-revealing-the-racial-and-religious-gerrymandering-of-the-capital-jury Learn more about the ACLU’s work challenging death qualification here: /news/capital-punishment/the-sinister-and-racist-practice-infecting-death-penalty-juries