| This research applied quantitative methodology to determine whether modified legislation at state and federal levels was associated with error rates in Pennsylvania's capital appellate proceedings for the period of 1996 through 2010. Pennsylvania has the fourth largest death row in the country, housing roughly 200 individuals on average per year. Yet, no non-consensual executions have taken place in almost 50 years. Further, since 1978, there have been six official exonerations of death-row inmates. Legislative steps have been taken to improve the efficacy of the appellate process. Pennsylvania amended its post-conviction relief, or PCRA, procedures in 1995, and the United States Congress enacted the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The goal of this study was to determine the current rate of error in appellate processes in Pennsylvania capital cases, and to explore whether the amended and enacted legislation has had the desired effect of increasing efficiency throughout capital procedures, within the theoretical framework of Packer's Crime Control versus Due Process models. Thus, the research extended the work of the Liebman study, but only within the context of Pennsylvania. The sample consisted of 296 males of various ages and races. It included those currently residing on Pennsylvania's death row, as well as those having been subject to modified legislation from 1996 through 2010. Extensive appellate records analysis constituted data collection, with the goal of determining the existence and extent of errors uncovered at the state direct appeal, state-post conviction, and federal appeals stages, along with reasons for judgment reversals potentially relating to correlates of wrongful convictions. Results concerning the existence and extent of error were astounding, with a 93% overall capital error rate. The findings were statistically significant, greater than would be expected by chance, t = 14.52, p < .05, d = .49. Additional analyses were conducted to provide further insight. This study indicates implications for practice, imperatives for future research, and statistically validates the threat of improper executions, let alone executions of the innocent, that could conceivably result from the high capital error rate in Pennsylvania. |
