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July 18, 2005
Urgent: Contact Senator Feinstein Now!
Dear FCL Supporter,
Federal legislation currently pending in the Senate Judiciary Committee would severely limit federal habeas corpus appeals, even in cases where the state is seeking the death penalty.
Senate Bill 1088 (S. 1088), also known as The Streamlined Procedures Act of 2005, is sponsored by Sen. John Kyl (R-Ariz.) and Rep. Dan Lungren (R-Calif.). Lungren is a former attorney general for the State of California.
S. 1088 would limit federal habeas corpus appeals to claims of actual innocence and would end appeals on the basis of procedural due process. Procedural due process is a cornerstone of our legal system because it leads to accurate results. Proof of innocence often emerges from appeals based on due process. After all, guilt or innocence cannot be determined without a fair trial.
Moreover, if S.1088 becomes law, it would shift the review power from the courts to the attorney general. Instead of a federal court, the federal government's chief prosecutor would have the sole authority to determine whether a defendant has been unjustly sentenced to death by a state court.
Since the death penalty was reinstated, there have been 119 exonerations from death rows in the United States, or one exoneration for every eight executions. DNA evidence is making it extremely clear that our legal system is fraught with more errors much than was previously believed. Unfortunately, only about one-fifth of cases have biological evidence.
Therefore, we urge you to contact California Senator Dianne Feinstein, who sits on the Senate Judiciary Committee and urge her to vote NO on S.1088.
To contact Senator Dianne Feinstein:
Phone: (202) 224-3841
Fax: (202) 228-3954
E-mail: http://feinstein.senate.gov/email.html
To read testimony before the Senate Judiciary Committee on S.1088:
http://judiciary.senate.gov/hearing.cfm?id=1569
Sincerely yours,
Jim Lindburg
Legislative Advocate
http://www.fclca.org
E-mail: JimL@fclca.org
Phone: (916) 443-3734
Fax: (916) 448-6109
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