Science and the Death Penalty: DNA, Innocence, and the Debate over Capital Punishment in the United States

The death penalty debate in the United States has recently undergone a fundamental shift. The possibility of executing the innocent has emerged as some abolitionists' most salient argument, displacing debates over such issues as fairness, deterrence, and cost. Innocence has managed to move to the fore of the debate in part because of the success of death penalty opponents in attaching epistemological certainty to one particular category of postconviction exonerations, those vouched for by the authority of DNA evidence. We suggest that such moves are primarily rhetorical because, while DNA evidence may be more accurate and reliable than other forensic science, it still fundamentally probabilistic in nature and is prone to uncertainties at all stages of its production. Yet, because of the certainty attached to DNA evidence in public discourse, it can be used as a lever with which to challenge law's claims to truth-making authority, and to undermine public trust in the death penalty. A few abolitionists and other scholars have expressed misgivings about the abolitionist embrace of the innocence argument. We push this concern further, suggesting that both abolitionists and death penalty reformers, who seek to promote a "scientific" death penalty centered on DNA evidence, draw upon a mythologized notion of "science" as a producer of epistemic certainty.     

Pivotal issues

He studies security and privacy aspects of telecommunications and computers and is author of several works on arms production in developing countries and on national energy policy. He recently received his first patent for a call-holding alert system. All statements in this article represent the author’s own views, not necessarily those of Bellcore or its shareholders.     

MDPs May Be Dead After Enron/Andersen, But Subsidiary Businesses Thrive

While some commentators believe that the Enron and Arthur Andersen affair that came to light in 2001 is responsible for the demise of multidisciplinary practices (MDPs), the notion of law firms engaging in MDPs lost most of its momentum during the American Bar Association (ABA) debate of 1999 and 2000. Enron and Andersen weakened whatever support remained for MDPs after the ABA defeat, during which MDP opponents raised legitimate concerns. But Enron and Andersen did not derail all models in which law firms successfully provide nonlegal services. In fact, the law-related services ancillary business model (as referred to by the ABA's Commission on Multidisciplinary Practice) is much more relevant post-Enron. Ancillary businesses, or subsidiary businesses as they are referred to at the authors' law firm of Bingham McCutchen LLP, are not MDPs. When structured and managed in compliance with fundamental principles and regulations, subsidiary businesses give progressive law firms the ability to deliver a comprehensive bundle of integrated services in response to client needs .     

Book reviews

Branko Lazitch and Milorad M. Drachkovitch, Lenin and the Comintern, Volume I. Stanford, Calif.: Hoover Institution Press, 1972. (Publications Series 106.) xiii + 683 pp. $17.50.

Karl‐Eugen Wadekin, The Private Sector in Soviet Agriculture. Edited by George Karcz. Second, enlarged, revised edition of Privatproduzenten in der sowjetischen Landzoirtschaft. Translated by Keith Bush. Berkeley, Calif, and London: University of California Press, 1973. xviii + 407 pp. $17.50.

Richard H. Ullman, The Anglo‐Soviet Accord. (Vol. III of Anglo‐Soviet Relations, 1917–1921.) Princeton, N.J. and London: Princeton UP, 1972. xv + 509 pp. £7.00.

Eloise Engle and Lauri Paananen, The Winter War. (The Russo‐Finnish Conflict, 1939–40.) New York: Charles Scribner's Sons, 1973. xv+176 pp. $7.95.

Allen F. Chew, The White Death: the Epic of the Soviet‐Finnish Winter War. East Lansing: Michigan State University Press, 1971. x + 313 pp. $12.50.

Geoffrey Jukes, The Soviet Union in Asia. Sydney: Angus & Robertson, 1973. 304 pp. £2.95.

Jaroslaw A. Piekalkiewicz, Public Opinion Polling in Czechoslovakia, 1968–69. Results and Analysis of Surveys Conducted During the Dubcek Era. (Praeger Special Studies in International Politics and Government.) New York: Praeger Publishers, 1972, and London: Pall Mall Press, 1973. xxix + 357 pp. £7.75.

Deborah D. Milenkovitch, Plan and Market in Yugoslav Economic Thought. New Haven and London: Yale UP, 1971. (Yale Russian and East European Studies, 9.) x + 323 pp. $10.00. £4.50.

Robert G. Wesson, The Soviet Russian State. New York and London: John Wiley & Sons, 1972. x + 404 pp. £4.00. Condensed edition £1.95.

Joseph Nedava, Trotsky and the Jews. Philadelphia: The Jewish Publication Society of America, 1972. 299 pp. $6.00.

Joshua Rothenberg, The Jewish Religion in the Soviet Union. New York: KTAV Publishing House (for Brandeis University), 1972. (Series: Institute for East European Jewish Studies.) viii + 242 pp. $10.00.

Vladimir Petrov, Escape from the Future. Bloomington & London: Indiana UP, 1973. xiii + 470 pp. £3.75.