Address to the American Bar Association, Thurgood Marshall Awards Dinner Honoring Abner Mikva, John Paul Stevens Associate Justice Supreme Court of the United States, August 6, 2005 [noted "serious flaws" in the American capital punishment system]. Excerpt:

Thurgood's rejection of the death penalty rested on principles that would be controlling even if error never infected the criminal process. Since his retirement, with the benefit of DNA evidence, we have learned that a substantial number of death sentences have been imposed erroneously. That evidence is profoundly significant – not only because of its relevance to the debate about the wisdom of continuing to administer capital punishment, but also because it indicates that there must be serious flaws in our administration of criminal justice. Many thoughtful people have quickly concluded that inadequate legal representation explains those errors. It is true, as many have pointed out and as our cases reveal, that a significant number of defendants in capital cases have not been provided with fully competent legal representation at trial. That, however, is by no means the only defect in the system. Indeed, some of the best lawyers in the country have spent countless uncompensated hours in capital litigation, not only in post-conviction and appellate work, but also at the trial level. The profession can be justly proud of their work. My review of many trial records during recent years has, however, persuaded me that there are other features of death penalty litigation that create special risks of unfairness.

Real full text of the address. Reported in JURIST's Paper Chase here.