Remarks Of Senator Patrick Leahy
On Introduction Of The Innocence Protection Act Of 2003
News Conference
U.S. Capitol
Wednesday, Oct. 1, 2003
Three years ago, in the Senate, Senator Gordon Smith, Senator Russ
Feingold, Senator Susan Collins and others joined with me to
introduce the Innocence Protection Act, a modest and practical
package of reforms aimed at reducing the risk of error in capital
cases. Congressman Delahunt and Congressman LaHood introduced it in
the House. The reforms we proposed were designed to create a fairer
system of justice.
We wanted to tackle, head-on, the well-known problems that have sent
innocent people to death row, and we wanted victims and their
families to be able to have more certainty of the actions and
results of the criminal justice system.
From the start, we have sought to grow our coalition, which includes
both supporters and opponents of the death penalty. Whether you
agree or disagree with capital punishment, we can all agree that
making mistakes that send innocent people to death row helps no one,
and hurts a great many people, as well as our system of justice.
I remember well when Senator Feingold and Senator Smith spoke at one
of our news conferences. One senator opposes the death penalty, and
one supports it. Both concluded that they could not in good
conscience abstain from supporting reforms that correct these flaws.
We have shown that the death penalty system is
broken, we know that these reforms will help, and we know that every
day we delay action may be another day on death row for these
innocent people. They undermine the public’s confidence in our
judicial system, they produce unbearable anguish for innocent people
and their families and for the victims of these crimes, and they
compromise public safety because for every wrongly convicted person,
there is a real criminal who may still be roaming the streets.
During the last Congress, the Innocence Protection Act gained
enormous momentum, with 32 Senators and 250 Representatives — well
over half the House — signed on in support. Hearings were held in
each House, and a version of the bill was reported out of the Senate
Judiciary Committee by a bipartisan vote of 12 to 7.
The Innocence Protection Act of 2003 proposes
two critical reforms.
First, it provides greater access to
post-conviction DNA testing in appropriate cases, where it can help
expose wrongful convictions, and authorizes $25 million in grants
over 5 years to help defray the costs of such testing. I am
particularly pleased that this new program will bear the name of
Kirk Bloodsworth, who is with us today. Kirk=s
battle to prove his innocence has been won. But his nightmare of
wrongful conviction has been repeated again and again across the
country. Kirk and his wife Brenda have dedicated themselves to
helping others to avoid his fate. Kirk and Brenda, we thank you,
and we applaud your courage.
Second, the bill addresses what all the
statistics and evidence show is the single most frequent cause of
wrongful convictions -- inadequate defense representation at trial.
By far the most important reform we can
undertake is to help States establish minimum standards of
competency and funding for capital defense.
Other provisions of the Innocence Protection
Act establish standards for preserving biological evidence in
criminal cases, and substantially increase the maximum amount of
compensation that may be awarded in Federal cases of wrongful
conviction.
Today’s Innocence Protection Act is a modified
version of the bill that the Senate Judiciary Committee approved
last year. These modifications follow many months of negotiation
and deliberation, and were made to build further on the groundswell
of support for the bill, both here on Capitol Hill and across
America. More than ever, the bill is a collaborative product of
which we all can be proud -- an exercise of bipartisanship that is
in the best tradition of the United States Congress.
I want to thank and commend the Senators and Representatives who
worked so hard this summer and fall to come to agreement on a bill
that we can all strongly support.
First and foremost, I want to thank my partner in this endeavor,
Representative Bill Delahunt of Massachusetts, who has worked
tirelessly over many years to achieve this goal. I also want to
thank our lead Republican sponsors in both houses, Senators Gordon
Smith and Susan Collins, and Representative Ray LaHood of Illinois,
all of whom have been steadfast in their commitment to this effort.
The Chairman of the Senate Judiciary Committee, Orrin Hatch,
deserves high praise for his leadership in our recent negotiations,
as does the Chairman of the House Judiciary Committee, Jim
Sensenbrenner, and I thank them both. Senator Hatch and I have
debated these issues for years; I have always appreciated his
thoughtful approach and serious commitment to improving the criminal
justice system.
Chairman Sensenbrenner played an instrumental role in this process
and I do not believe we could have come so far without his
dedication. In addition, I want to extend my heartfelt thanks to
Senator Feinstein, who has devoted countless hours over the years to
reconciling the policy differences that prevented this legislation
from moving forward.
I am sorry that Senator DeWine could not be with us today to
announce the introduction of the bill, and appreciate his
willingness to allow us to proceed. I have long worked with Senator
DeWine on funding important forensic science tools for law
enforcement, and we are currently working on a proposal with regard
to how the mentally retarded are treated by the criminal justice
system. His leadership on these issues is important and greatly
appreciated.
Thanks, too, to the many members on both sides of the aisle, in the
Senate and in the House, who have supported this legislation over
the years. Working together, we can finally begin to address the
many problems facing our capital punishment system.
We have had a constructive debate, we have
shown that the death penalty system is broken, and we have built a
bipartisan coalition supporting reforms. It is now time to act.
Our bill reflects a principled consensus on the most basic and
essential reforms; it raises no serious constitutional or law
enforcement concerns; it will improve criminal justice in America
considerably; and it may well save innocent lives.
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Related Links:
Remarks Of Senator Patrick Leahy On
Introduction Of The Innocence Protection Act Of 2003
October 1, 2003
