The Death Penalty: Reasonable Doubt
Posted by Paul Wilden in Political Commentary | 5 Comments »
Now that the Supreme Court has decided that it’s okay to inflict unbearable pain while executing someone and therefore ending the de facto moratorium on capital punishment, it’s time to re-examine the use of this uncivilized and barbaric punishment.
Study after study shows that the death penalty does not deter crime nor does it reduce the cost to society for dealing with murderers. Its sole purpose has been to satisfy the visceral need for revenge that many people understandably feel as a result of some of the more heinous crimes that are committed. But revenge has absolutely nothing to do with our criminal justice system whose purpose is only to protect the safety of the general population.
Topping the list of reasons to end capital punishment has to be the fact that innocent people have been executed and there’s no reason to think it will stop here. Michael Radelet and Hugo Adam Bedau wrote a book entitled Inspite of Innocence where they document 23 innocent people executed and Equal Justice Project finds an additional 16 wrongly put to death. Furthermore, more than one-hundred people convicted of capital crimes on death row have since been exonerated demonstrating just how flawed the system is. This from a New York Times article discussing this issue and specifically, the case of Levon Jones, recently released after fourteen years on death row,
John Holdridge, director of the A.C.L.U. Capital Punishment Project, which provided representation for Mr. Jones, said the successful appeals showed that the problem with the death penalty was not the method of execution – the issue ruled on by the Supreme Court last month – but instead “poor people getting lousy lawyers.”
“All these states are gearing up to start executing people again, and nobody seems to be concerned about these systemic problems,” Mr. Holdridge said. (emphasis added)
Our legal system was founded on the principle that it’s better to let ten guilty men go free rather than imprison one innocent man. But the permanence of the death penalty flies in the face of this belief. That would be true even in the best of circumstances but is especially so given the gross inequities found in the application of justice, particularly as it applies to the poor and minorities.
The only real argument that death penalty proponents have in their favor is that the majority of Americans favor it. It’s doubtful though that most Americans truly understand how many mistakes are made in its application, most believing that every opportunity to ascertain a person’s possible innocence is exhausted before actually being put to death. But even if we could be reasonably sure that innocent people weren’t being executed, it wouldn’t change the fact that this practice is cruel and unnecessary.
Years from now history will not be kind to those in favor of capital punishment. I’m reminded of a PBS documentary, Eyes on the Prize, a history of the Civil Rights movement. There were many disturbing scenes in this film but one in particular stands out in my mind. It’s the scene where in Little Rock Arkansas, after the courts have mandated integration and the National Guard has to be called in to protect nine black students entering a white high school for the first time from a mob of angry white people hurling disgusting slurs at these innocent children. When I watched that, I had to wonder, all these years later, how would these people feel now if they could witness their despicable behavior. Would they want that to be their legacy, preserved for generations to come? Future generations will almost certainly judge the proponents of capital punishment in the same light. Is that how you want to be remembered?
–Paul Wilden
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May 8th, 2008 at 6:38 am
OK, I have to disagree. I would rather a 100% convicted child killer, or murderer be put to death then pay through my taxes for his lifelong incarceration. While in jail he will get 3 meals, a roof, be able to read, go outside (even if limited, still go out into the yard), etc etc etc. All things a murderer should not be able to enjoy in my opinion. And I DO NOT believe that it costs more to kill someone then it does to pay for 50, 60 or 70 years of being in jail. It is way more for the jailing then it costs for 1 vile of poison injected into an arm. It is the ridiculous legal crap of people trying to defend murderers that wastes so much money.
I do not think murderers (convicted and confirmed murderers) should be rewarded with life in prison.
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Political Disgust
May 8th, 2008 at 11:01 pm
So the fact that innocent people have been executed doesn’t bother you? And how about the one-hundred plus that the “ridiculous legal crap” set free? Wasn’t that worth the money?
While I can understand why people have the attitude that they do about murderers and other heinous criminals, I feel the same way, the fact is this: our legal system has nothing to do with exacting revenge. You never give government any more power than is absolutely necessary, including empowering it to kill people without demonstrating an actual tangible benefit such as increased public safety, which has been shown, time and time again that the death penalty doesn’t provide.
In the final analysis, it is absolutely unconscionable to execute even one innocent person and we’ve put to death many more than that.
May 12th, 2008 at 7:37 am
I don’t understand why the real argument on this issue is, at best, glossed over and, at worst, ignored. I have been both a prosecutor and defense attorney before I retired.
The issue about whether or not someone deserves the death penalty is a completely different argument about whether or not the state should put people to death.
Are there people who deserve the death penalty or, if given that chance, I would put a gun to their head and pull the trigger? ABSOLUTELY. Some of these people are evil in the flesh and society would be better off getting rid of them.
However, think for a moment about someone you love and ask yourself would it be worth executing your significant other or your kids or your parents to execute the child killer that we KNOW is guilty? Of course not . . . at least I can’t imagine anyone giving another answer. And we KNOW for 100% certainty that that has occurred in America. We HAVE executed the innocent. thanks to DNA evidence we have saved many innocents from that fate.
Because people merge these arguments into one, the issue is used for political purposes. Again, whether or not someone deserves death is a different issue from whether the state should ahve the death penalty.
May 12th, 2008 at 8:06 am
The issue about whether or not someone deserves the death penalty is a completely different argument about whether or not the state should put people to death.
Are there people who deserve the death penalty or, if given that chance, I would put a gun to their head and pull the trigger? ABSOLUTELY. Some of these people are evil in the flesh and society would be better off getting rid of them.
Well put Scy. I couldn’t agree more. This issue has nothing to do with sympathy for the predators in our society. There are countless people that would have no problem executing myself. This is all about how much power should be given to the state. It’s also about respecting the ideals of our criminal justice system which has nothing to with exacting revenge, no matter how much it’s deserved.
March 6th, 2010 at 6:27 am
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