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Would be violent, he was a risk for future danger just because he was african-american. even senator corning, when he was attorney general identified nine cases and buck's was one of them, that all of them except buck case were set aside and got resentencing. dwayne buck should get a new hearing. >> kenji, i want to come to you on another thing. 50 years since gideon. that's an unfulfilled promise. i mow in the land of constitutional law, that makes perfect sense. remind us what gideon is and why we're unfulfilled 50 years later. it's effective witness of counsel and the guarantee you will h...

Begin to talk about in the sense without the one turning point that is dna. >> the key point to understand is that dna is only present in less than 10% of serious felony cases. so what about the other 95% of cases where it's based on eyewitness identification. there were five mistaken witnesses in kirk's case. as kirk said, the real assailant didn't look like him and they were in the same jail cell for a period of time. it's incredible. we have false confessions. we have the intractable problems of race. we have indigent defenders not adequately funded. here we are in the 50 anniversary of gid...

It's not that african-american americans are more likely to get the death penalty. it has to do the victim and vic -- >> the victim in a murder, if they're white, you're for more likely to get capital punishment whether the defendant is black or white. that race effect has long been in place. there was a case that justice powell got off o the court and said he really made a bad decision in this mcincludes ki case. so many things would be different if he could take that back. there are race effects. what we should mention, one very clear case that's now in texas that defendant named duane buck ...

To live and who deserves to die in a rational, coherent and moral way, that moral question is going to bring it all down. >> there's a constitutional question here as well, right? part of the reno owe this is 8th amendment. isn't just about ket death. it's about the way we put people to death. this is part of the phasing out of the electric chair and the moving in of lethal injection. but lethal injection turns out, is not the peaceful sort of not cruel thing that i think many americans may imagine that it is. >> absolutely. the constitutional standard as you said, it's cruel and unusual punis...