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Lis Semel Says High Court Often Agrees on Mistakes in Death Penalty Cases

The Washington Post, December 18, 2009 by Robert Barnes and Maria Glod
http://www.washingtonpost.com/wp-dyn/content/article/2009/12/17/AR2009121704299_pf.html

To Berman and Elisabeth Semel, director of the death penalty clinic at the University of California at Berkeley’s law school, it makes sense that the court, divided on many aspects of capital punishment, takes the chance to present a united front when it sees examples of mistakes in death penalty cases that all justices agree on.

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Elisabeth Semel Criticizes the Secrecy of California’s Execution Method

Los Angeles Times, December 9, 2009 by Carol J. Williams
http://www.latimes.com/news/local/la-me-deathpenalty9-2009dec09,0,3074571.story

“It’s the historic problem with execution procedures, that they have always been conducted in secret,” said Semel, whose clinic offers opportunities for students to represent prisoners with capital sentences.

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Lis Semel Explains Impact of Jury Selection on Death Penalty Cases

KALW News, November 18, 2009 by Rina Palta
http://kalwnews.org/blogs/rinapalta/inside-courts-day2-jurors-du-jour

“From a defense attorney’s standpoint, Semel said, “you end up with a jury that’s not only able to impose the death penalty, but people who are for the death penalty tend to be more pro-prosecution” and presumably, more likely to convict in the first place. In a society increasingly opposed to the death penalty, you’re excluding from juries some 40 or 50 percent of people who would be otherwise qualified,” she said.

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Elisabeth Semel Approves Ohio’s Death Penalty Procedure, with Caveat

Los Angeles Times, November 14, 2009 by Carol J. Williams
http://www.latimes.com/news/nationworld/nation/la-na-lethal-injection14-2009nov14,0,2353684,print.story

“Ohio has taken an important step by abandoning the barbaric practice of paralyzing inmates before executing them,” said Elisabeth Semel, a law professor…. Semel added, however, that more medical information will be needed before courts can determine whether the one-drug method satisfies the 8th Amendment’s prohibition of cruel and unusual punishment.

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Elisabeth Semel Finds Criminals Incapable of Representing Themselves in Court

San Francisco Chronicle, November 10, 2009 by Demian Bulwa
http://www.sfgate.com/cgi-bin/blogs/crime/detail?&entry_id=51377

Elisabeth Semel, who directs the death penalty clinic at the UC Berkeley School of Law, added, “In my experience, individuals who want to represent themselves are often lacking the legal skill to do so and have profound emotional problems.”

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Lis Semel Points Out Murder Suspect’s Right to Counsel

San Francisco Chronicle, August 20, 2009 by Demian Bulwa
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/08/20/BAP219AP10.DTL&t

“Death penalty cases are the most challenging, complex cases,” said Elisabeth Semel, who directs the death penalty clinic at the UC Berkeley School of Law. “In my experience,” she said, “individuals who want to represent themselves are often lacking the legal skill to do so and have profound emotional problems.”

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Jesse Choper and Lis Semel Note Rise in Jurists’ Death Penalty Dissents

The New York Times, August 13, 2009 by John Schwartz
http://www.nytimes.com/2009/08/14/us/14dissent.html?_r=2

Jesse H. Choper, a law professor at the University of California, Berkeley, said the judge was hardly a fierce opponent of capital punishment. “I don’t see him as someone who is unexceptionally opposed,” Mr. Choper said.

Elisabeth A. Semel, director of the Death Penalty Clinic at Berkeley, which trains lawyers to defend people facing the death penalty, said many jurists had been shaken by the rise of exonerations due to DNA evidence. “I think it’s been shattering to judges who had a fair amount of confidence in the system,” she said.

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Lis Semel Says Prosecutors Swayed by Death Penalty Politics

The Sacramento Bee, July 3, 2009 by Phillip Reese
http://www.sacbee.com/capitolandcalifornia/story/1997409.html

Semel, a death penalty opponent and director of Boalt Hall’s Death Penalty Clinic, said prosecutors like Pacheco could reverse the pro-death stance of their counties if they wanted. “In some places,” she said, “it will take a small measure of courage.”

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Lis Semel Criticizes Florida’s Death-Row System

Orlando Sentinel, May 19, 2009 by Sarah Lundy
http://www.orlandosentinel.com/news/crime/orl-florida-death-warrants-052009,0,4623436,full.story

“It’s the epitome of how arbitrary it is,” said Elisabeth Semel, director of the Death Penalty Clinic at the University of California- Berkeley.

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Lis Semel Bemoans the Financial Cost of California’s Death Penalty

The Sacramento Bee, May 17, 2009 by Elisabeth Semel
http://www.sacbee.com/opinion/v-print/story/1866190.html


For decades, Democratic and Republican candidates for governor in California have stepped over each other to prove their capital punishment credentials. But public support for the death penalty has dropped dramatically in this state. When money is in short supply here, we would be well served if courage and leadership were not.

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Elisabeth Semel Interprets Supreme Court Ruling on Lethal Injection

Los Angeles Times, April 17, 2009 by James Oliphant
http://articles.latimes.com/2008/apr/17/nation/na-stevens17

Elisabeth Semelֽ a law professor and director of the Death Penalty Clinic at UC Berkeley who helped bring the challenge to Kentucky’s lethal-injection proceduresֽ said the court’s opinion made it clear that states can be forced to institute alternative lethal-injection procedures if they can be proven to alleviate a substantial risk of severe pain to the inmate.

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Elisabeth Semel Notes Death Penalty Inconsistencies in California

The Times-Standard, March 1, 2009 by Thadeus Greenson
http://www.times-standard.com/localnews/ci_11812800

“It’s like a patchwork quilt,” said Elisabeth Semel, a clinical professor of law at U.C. Berkeley who directs the school’s death penalty clinic…. “Someone once said, ‘California has 58 counties and 58 death penalties,’ and that’s a very apt statement.”

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Elisabeth Semel Raises Concerns about Death Penalty Costs

The Press-Enterprise, February 20, 2009 by Duane W. Gang and Tammy J. McCoy
http://www.pe.com/politics/gang/stories/PE_News_Local_S_death21.467f3cd.html#

UC Berkeley law professor Elisabeth Semel said judicial resources should be considered when seeking the death penalty. “All decisions have to be made with greater restraint,” she said. “Under even normal circumstances, fiscal responsibility is an issue.”

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Elisabeth Semel Says Death Penalty Work Goes on Despite Funder’s Madoff Link

San Francisco Chronicle, Dec. 17, 2008 by Andrew S. Ross
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/12/17/BUK514P25N.DTL&type=printable

Elisabeth Semel, director of the Death Penalty Clinic … would not comment on the disposition of $796,000 worth of current grants dispensed by the JEHT (short for Justice, Equality, Human dignity and Tolerance) Foundation, except to say, without elaboration: “We will be able to continue our work in the lethal injection area, in which we were funded at the present time.”

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Elisabeth Semel Believes Capital Punishment Is a Human Rights Issue

The Forum at Grace Cathedral, Nov. 2, 2008, Hosted by Alan Jones
http://www.gracecathedral.org/mp3/forum/for_20081102.mp3

“There are any numbers of treaties which most nations have entered into—and the United States has entered into a number of them—treaties that have the goal of reducing racism, treaties that have the goal of upholding the dignity of human life, treaties that prohibit excessive punishment. And each of those treaties has led the majority of countries in the world to come to the conclusion, also over the course of time, that capital punishment … is not tolerable.”

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Elisabeth Semel Believes California Should Reveal New Death Penalty Protocol

San Jose Mercury News, September 18, by Howard Mintz
http://atlanticphilanthropies.org/news/news/appeals_court_to_consider_state_s_death_penalty_gridlock_small_step_in_battle_over_lethal_injection

“People should know and understand what the process is when we’re talking about the state taking a life,” she added. “Everyone benefits from knowing as much as possible.”

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Elisabeth Semel Encourages Consistency in California’s Death Penalty

The Press-Enterprise, September 6, by Jessica Logan
http://www.pe.com/localnews/inland/stories/PE_News_Local_E_injunction07.21c3dc0.html
Elisabeth Semel said the U.S. Supreme

Court ruled the death penalty should be reserved for the worst of the worst murders. She said prosecutors can pursue death on almost all first-degree murder cases in California because the laws are so broad. Semel said it is unfair for a person to face the death penalty for a crime in one county and life in prison a mile away in another county. She believes these rules should be uniform across the state.

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Elisabeth Semel Affirms Importance of Lenix Decision on Jury Selection

Los Angeles Daily Journal, August 5, by Elisabeth Semel
www.dailyjournal.com [registration required]

From the perspective of citizens who continue to be excluded from jury service based on their race, it is well past midnight. Like Wheeler, the Lenix decision is another one of those “affirmative steps to ensure that race plays no part in jury selection.” The question remains whether California courts are watching the clock.

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Elisabeth Semel Applauds Court Ruling on Jury Selection

San Francisco Daily Journal, July 25, by Laura Ernde
www.dailyjournal.com [registration required]

The California Supreme Court Thursday removed any doubt about the use of a technique known as comparative juror analysis to make sure prosecutors aren’t improperly excluding blacks or other minorities from juries…. “It’s an acknowledgement by this court, which has been resistant, that it’s required to conduct comparative juror analysis,” said Elisabeth Semel…. “That’s the big message.”

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Elisabeth Semel Says Death Penalty is Not Guaranteed in Murder Cases

The Daily News of Los Angeles, July 20, by Tony Castro
www.dailynews.com [registration required]

Elisabeth Semel said there is never an easy answer in pursuing death penalty cases…. “The fact that it is a death penalty case shows that the murder or murders were horrendous enough to warrant its consideration—but that does not mean that the death penalty is automatic,” said Semel. “A jury takes many things into consideration in its deliberations, and there is no question that there is often an uphill battle for the prosecution and that the death penalty is not a foregone conclusion.”

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In the News



Lis Semel Says High Court Often Agrees on Mistakes in Death Penalty Cases

The Washington Post, December 18, 2009 by Robert Barnes and Maria Glod
http://www.washingtonpost.com/wp-dyn/content/article/2009/12/17/AR2009121704299_pf.html

To Berman and Elisabeth Semel, director of the death penalty clinic at the University of California at Berkeley’s law school, it makes sense that the court, divided on many aspects of capital punishment, takes the chance to present a united front when it sees examples of mistakes in death penalty cases that all justices agree on.


Elisabeth Semel Criticizes the Secrecy of California’s Execution Method

Los Angeles Times, December 9, 2009 by Carol J. Williams
http://www.latimes.com/news/local/la-me-deathpenalty9-2009dec09,0,3074571.story

“It’s the historic problem with execution procedures, that they have always been conducted in secret,” said Semel, whose clinic offers opportunities for students to represent prisoners with capital sentences.


Lis Semel Explains Impact of Jury Selection on Death Penalty Cases

KALW News, November 18, 2009 by Rina Palta
http://kalwnews.org/blogs/rinapalta/inside-courts-day2-jurors-du-jour

“From a defense attorney’s standpoint, Semel said, “you end up with a jury that’s not only able to impose the death penalty, but people who are for the death penalty tend to be more pro-prosecution” and presumably, more likely to convict in the first place. In a society increasingly opposed to the death penalty, you’re excluding from juries some 40 or 50 percent of people who would be otherwise qualified,” she said.


Elisabeth Semel Approves Ohio’s Death Penalty Procedure, with Caveat

Los Angeles Times, November 14, 2009 by Carol J. Williams
http://www.latimes.com/news/nationworld/nation/la-na-lethal-injection14-2009nov14,0,2353684,print.story

“Ohio has taken an important step by abandoning the barbaric practice of paralyzing inmates before executing them,” said Elisabeth Semel, a law professor…. Semel added, however, that more medical information will be needed before courts can determine whether the one-drug method satisfies the 8th Amendment’s prohibition of cruel and unusual punishment.


Elisabeth Semel Finds Criminals Incapable of Representing Themselves in Court

San Francisco Chronicle, November 10, 2009 by Demian Bulwa
http://www.sfgate.com/cgi-bin/blogs/crime/detail?&entry_id=51377

Elisabeth Semel, who directs the death penalty clinic at the UC Berkeley School of Law, added, “In my experience, individuals who want to represent themselves are often lacking the legal skill to do so and have profound emotional problems.”


Lis Semel Points Out Murder Suspect’s Right to Counsel

San Francisco Chronicle, August 20, 2009 by Demian Bulwa
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/08/20/BAP219AP10.DTL&t

“Death penalty cases are the most challenging, complex cases,” said Elisabeth Semel, who directs the death penalty clinic at the UC Berkeley School of Law. “In my experience,” she said, “individuals who want to represent themselves are often lacking the legal skill to do so and have profound emotional problems.”


Jesse Choper and Lis Semel Note Rise in Jurists’ Death Penalty Dissents

The New York Times, August 13, 2009 by John Schwartz
http://www.nytimes.com/2009/08/14/us/14dissent.html?_r=2

Jesse H. Choper, a law professor at the University of California, Berkeley, said the judge was hardly a fierce opponent of capital punishment. “I don’t see him as someone who is unexceptionally opposed,” Mr. Choper said.

Elisabeth A. Semel, director of the Death Penalty Clinic at Berkeley, which trains lawyers to defend people facing the death penalty, said many jurists had been shaken by the rise of exonerations due to DNA evidence. “I think it’s been shattering to judges who had a fair amount of confidence in the system,” she said.


Lis Semel Says Prosecutors Swayed by Death Penalty Politics

The Sacramento Bee, July 3, 2009 by Phillip Reese
http://www.sacbee.com/capitolandcalifornia/story/1997409.html

Semel, a death penalty opponent and director of Boalt Hall’s Death Penalty Clinic, said prosecutors like Pacheco could reverse the pro-death stance of their counties if they wanted. “In some places,” she said, “it will take a small measure of courage.”


Lis Semel Criticizes Florida’s Death-Row System

Orlando Sentinel, May 19, 2009 by Sarah Lundy
http://www.orlandosentinel.com/news/crime/orl-florida-death-warrants-052009,0,4623436,full.story

“It’s the epitome of how arbitrary it is,” said Elisabeth Semel, director of the Death Penalty Clinic at the University of California- Berkeley.


Lis Semel Bemoans the Financial Cost of California’s Death Penalty

The Sacramento Bee, May 17, 2009 by Elisabeth Semel
http://www.sacbee.com/opinion/v-print/story/1866190.html


For decades, Democratic and Republican candidates for governor in California have stepped over each other to prove their capital punishment credentials. But public support for the death penalty has dropped dramatically in this state. When money is in short supply here, we would be well served if courage and leadership were not.


Elisabeth Semel Interprets Supreme Court Ruling on Lethal Injection

Los Angeles Times, April 17, 2009 by James Oliphant
http://articles.latimes.com/2008/apr/17/nation/na-stevens17

Elisabeth Semelֽ a law professor and director of the Death Penalty Clinic at UC Berkeley who helped bring the challenge to Kentucky’s lethal-injection proceduresֽ said the court’s opinion made it clear that states can be forced to institute alternative lethal-injection procedures if they can be proven to alleviate a substantial risk of severe pain to the inmate.


Elisabeth Semel Notes Death Penalty Inconsistencies in California

The Times-Standard, March 1, 2009 by Thadeus Greenson
http://www.times-standard.com/localnews/ci_11812800

“It’s like a patchwork quilt,” said Elisabeth Semel, a clinical professor of law at U.C. Berkeley who directs the school’s death penalty clinic…. “Someone once said, ‘California has 58 counties and 58 death penalties,’ and that’s a very apt statement.”


Elisabeth Semel Raises Concerns about Death Penalty Costs

The Press-Enterprise, February 20, 2009 by Duane W. Gang and Tammy J. McCoy
http://www.pe.com/politics/gang/stories/PE_News_Local_S_death21.467f3cd.html#

UC Berkeley law professor Elisabeth Semel said judicial resources should be considered when seeking the death penalty. “All decisions have to be made with greater restraint,” she said. “Under even normal circumstances, fiscal responsibility is an issue.”


Elisabeth Semel Says Death Penalty Work Goes on Despite Funder’s Madoff Link

San Francisco Chronicle, Dec. 17, 2008 by Andrew S. Ross
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/12/17/BUK514P25N.DTL&type=printable

Elisabeth Semel, director of the Death Penalty Clinic … would not comment on the disposition of $796,000 worth of current grants dispensed by the JEHT (short for Justice, Equality, Human dignity and Tolerance) Foundation, except to say, without elaboration: “We will be able to continue our work in the lethal injection area, in which we were funded at the present time.”


Elisabeth Semel Believes Capital Punishment Is a Human Rights Issue

The Forum at Grace Cathedral, Nov. 2, 2008, Hosted by Alan Jones
http://www.gracecathedral.org/mp3/forum/for_20081102.mp3

“There are any numbers of treaties which most nations have entered into—and the United States has entered into a number of them—treaties that have the goal of reducing racism, treaties that have the goal of upholding the dignity of human life, treaties that prohibit excessive punishment. And each of those treaties has led the majority of countries in the world to come to the conclusion, also over the course of time, that capital punishment … is not tolerable.”


Elisabeth Semel Believes California Should Reveal New Death Penalty Protocol

San Jose Mercury News, September 18, by Howard Mintz
http://atlanticphilanthropies.org/news/news/appeals_court_to_consider_state_s_death_penalty_gridlock_small_step_in_battle_over_lethal_injection

“People should know and understand what the process is when we’re talking about the state taking a life,” she added. “Everyone benefits from knowing as much as possible.”


Elisabeth Semel Encourages Consistency in California’s Death Penalty

The Press-Enterprise, September 6, by Jessica Logan
http://www.pe.com/localnews/inland/stories/PE_News_Local_E_injunction07.21c3dc0.html
Elisabeth Semel said the U.S. Supreme

Court ruled the death penalty should be reserved for the worst of the worst murders. She said prosecutors can pursue death on almost all first-degree murder cases in California because the laws are so broad. Semel said it is unfair for a person to face the death penalty for a crime in one county and life in prison a mile away in another county. She believes these rules should be uniform across the state.


Elisabeth Semel Affirms Importance of Lenix Decision on Jury Selection

Los Angeles Daily Journal, August 5, by Elisabeth Semel
www.dailyjournal.com [registration required]

From the perspective of citizens who continue to be excluded from jury service based on their race, it is well past midnight. Like Wheeler, the Lenix decision is another one of those “affirmative steps to ensure that race plays no part in jury selection.” The question remains whether California courts are watching the clock.


Elisabeth Semel Applauds Court Ruling on Jury Selection

San Francisco Daily Journal, July 25, by Laura Ernde
www.dailyjournal.com [registration required]

The California Supreme Court Thursday removed any doubt about the use of a technique known as comparative juror analysis to make sure prosecutors aren’t improperly excluding blacks or other minorities from juries…. “It’s an acknowledgement by this court, which has been resistant, that it’s required to conduct comparative juror analysis,” said Elisabeth Semel…. “That’s the big message.”


Elisabeth Semel Says Death Penalty is Not Guaranteed in Murder Cases

The Daily News of Los Angeles, July 20, by Tony Castro
www.dailynews.com [registration required]

Elisabeth Semel said there is never an easy answer in pursuing death penalty cases…. “The fact that it is a death penalty case shows that the murder or murders were horrendous enough to warrant its consideration—but that does not mean that the death penalty is automatic,” said Semel. “A jury takes many things into consideration in its deliberations, and there is no question that there is often an uphill battle for the prosecution and that the death penalty is not a foregone conclusion.”



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