Ny Times

However much Americans may disagree about the morality of capital punishment, no one wants to see an innocent person executed.

And yet, far too often, people end up on death row after being convicted of horrific crimes they did not commit. The lucky ones are exonerated while they are still alive — a macabre club that has grown to include 152 members since 1973.

The rest remain locked up for life in closet-size cells. Some die there of natural causes; in at least two documented cases, inmates who were almost certainly innocent were put to death.

How many more innocent people have met the same fate, or are awaiting it? That may never be known. But over the past 42 years, someone on death row has been exonerated, on average, every three months. According to one study, at least 4 percent of all death-row inmates in the United States have been wrongfully convicted. That is far more than often enough to conclude that the death penalty — besides being cruel, immoral, and ineffective at reducing crime — is so riddled with error that no civilized nation should tolerate its use.

Innocent people get convicted for many reasons, including bad lawyering, mistaken identifications and false confessions made under duress. But as advances in DNA analysis have accelerated the pace of exonerations, it has also become clear that prosecutorial misconduct is at the heart of an alarming number of these cases.

In the past year alone, nine people who had been sentenced to death were released — and in all but one case, prosecutors’ wrongdoing played a key role.

The latest was Anthony Ray Hinton, who on Apr. 3 walked out of the Alabama prison where he had spent almost 30 years, half his life, on death row. Mr. Hinton was convicted of two murders largely on faulty evidence that the bullets had come from his gun. His prosecutor at the time said he knew Mr. Hinton was guilty and “evil” just by looking at him. And later prosecutors continued to insist on his guilt even when expert testimony clearly refuted the case against him.

Why does this keep happening? In a remarkable letter to the editor published last month in The Shreveport Times, A.M. Stroud III, a former prosecutor in Louisiana’s Caddo Parish, offered a chillingly frank answer: “Winning became everything.” [code for white supremacy/racism became everything]. [MORE]