Legal Process Most Frequently Used to Impose Death Penalty Challenged by LDF Attorneys Before U.S. Supreme Court
Press Release
February 26, 1969
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Press Releases, Volume 6. Legal Process Most Frequently Used to Impose Death Penalty Challenged by LDF Attorneys Before U.S. Supreme Court, 1969. e9bec252-b992-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/b3d1900e-46f1-4c0d-9ad2-9f9d01e8c2b5/legal-process-most-frequently-used-to-impose-death-penalty-challenged-by-ldf-attorneys-before-us-supreme-court. Accessed November 23, 2025.
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President
Hon. Francis E. Rivers
PRESS RELEASE Director-Counsel
egal ’efense lund Jack Greenberg
Director, Public Relations
NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC Tene DeVore, Je.
10 Columbus Circle, New York, N.Y. 10019 * JUdson 6-8397 NIGHT NUMBER 212-749-8487
FOR RELEASE
WEDNESDAY
February 26, 1969
NATIONAL NEWS ANGLE: LEGAL PROCESS MOST FREQUENTLY
USED TO IMPOSE DEATH PENALTY
CHALLENGED BY LDF ATTORNEYS
BEFORE U.S, SUPREME COURT
476 Lives In 36 States Affected
NEW YORK---The U.S. Supreme Court was asked today to strike down the
death sentences of 80 men and one woman now on death row in California.
Attorneys of the NAACP Legal Defense and Educational Fund, Inc,
(LDF), who are defending more than half the 476 condemned persons
across the country, brought the suit.
Announcement of the suit was made in New York City by Professor
Anthony Amsterdam of the University of Pennsylvania, director of the
LDF's capital punishment litigation.
The LDF is seeking, in this case, review of a ruling by the
California Supreme Court. That Court said last November 18 that
capital punishment as administered in that state is constitutional.
This new case seeks to determine whether the right to impose the
death penalty should be left to the unguided, undirected and absolute
discretion of a jury.
LDF attorneys point out in their brief that such unguided pro-
cedures allow the death penalty to be administered in an arbitrary
manner, subject to whim and caprice, rather than the orderly rule of
law.
This “standardless jury sentencing procedure" employed in
California is common to the other 36 states that utilize the death
penalty, LDF lawyers assert,
In fact, they add, virtually all of the 476 persons awaiting
execution across the nation were condemned under the challenged
procedure.
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NOTE: Please bear in mind that though the LDF was once a part of
the NAACP, it is now a separate and distinct organization, even though
the initials are retained in its title.
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