
Reasons why
the Death Penalty
................... .does NOT work ....
Earlier this year, in an unexpected move, the Baltimore City Council suspended all executions, and granted a temporary stay for all 17 inmates on death row in the Baltimore City Jail. The Maryland Legislature in Annapolis is considering House Bill 388, which would put a temporary stay on executions in order for a study funded by Gov. Glendening to examine the death penalty in the state. This was clearly inspired by the Illinois Governor's bold move to put a hold on all execution in his state. He cited the over a dozen death row cases that have been since overturned by new evidence, and the substandard legal defense offered by court appointed lawyers in many of these cases.
I wholeheartedly support these two actions, and I call for a nationwide stay on all executions, leading to eventual abolition of the death penalty. Not just because the death penalty is inherently wrong, which is a difficult point to debate, steeped in personal and religious views, but because the death penalty doesn't work.
The reasons for the death penalty are all very vague: striking fear in criminals, having the punishment fit the crime, giving a sense of justice to the victims' families, and so forth. Unfortunately, the last thing on a criminal's often deranged mind is consequence, and certainly no discernible effect has been made on crime rates (which instead are tied to economics and drug enforcement tactics only). As for the appropriateness of the punishment, or the Biblical "eye for an eye" justification, let me reiterate that the same Bible calls for forgiveness and compassion, even for murderers, in the New Testament, the book that nearly all western Christian thought is based on. I have also heard misguided arguments about cost and efficiency. But after appeals and the extra cost and burden to the court system, it would be far more cost effective to keep a prisoner alive for several hundred years than to kill him. The most emotional argument, and therefore the one that no one wants to touch, is the feeling of "justice" that families are meant to derive from the killing of the convicted murderer of their loved one. Besides confusing "vengeance" and anger with "justice," we cannot allow ourselves to kill in order to gain psychological benefit. Why don't we then engage in a little pre-executive torture, perhaps even by the hands of the victim's families? Under the "vengeance" argument, this is not inconceivable. In fact, many families of victims do not support the death penalty and have spoken out against it, even contacted the convicted. This is increased, of course, in the kind of dubious convictions that are common in death penalty cases.
But even these reasons do not get at the most basic wrongs of the death penalty: The fact that in practice, in the real world, the death penalty doesn't work. It is racist, it is classist, it is fallible. All of these claims are factual in basis.
Far more black men sit on death row than white men, and not because they commit more violent crime. Black violence against white is by far the most common of death row inmate crimes, far disproportional to actual statistics. Even though whites and blacks are victimized in roughly equal numbers by violent crime, over 82% of death penalty convictions have been in cases of white victims. In fact, black on white crime is 11 times more likely to result in the death penalty than white on black, and this reflects percentages, not sheer numbers. Further exasperating the problem is the fact that the legal defense of poor black men is most often performed by underpaid court appointed lawyers who receive no gain for winning a case. The prosecution, however, most often has the disposal of the city's best lawyers, and the public pressure to convict in such cases often forces the prosecution to deliver. Lawyer often use their "preemptive challenge" to remove black jurors from juries, a clearly racist practice. The example of Illinois too clearly shows this example; court-appointed lawyers showing up drunk to court, not drafting a defense until the day before court, and never consulting the accused. The United States has overturned 68 death penalty convictions since 1970, and other incorrect verdicts may have gone unnoticed.
Now think of those statistics throughout history. 350 executed since 1970, with 3,500 on death row right now. Last year, we executed more people than any other country except China. We have executed 30 mentally impaired prisoners. Over 100 countries have abolished the death penalty as outdated and barbaric, and view our continued use as such. Even the American Bar Association no longer supports it. In the next three years, while Governor Glendening's study is pending, five more inmates are set to die. All the victims are white, and all but one of the inmates are black.
Even if Illinois is an extreme example of judiciary missteps, the final result is clear: Some of the inmates on death row are innocent. We, as a society, have killed and are planning to kill innocent people, because of errors, because they could not afford decent legal representation. That makes us murderers, all of us, not only of other guilty murders, but of innocent people.
And what's more, though many innocent people may be incarcerated right now, they still have a chance of clearing their name someday, when new evidence emerges. The death penalty, of course, is forever. We cannot take it back. If executions hadn't been granted stays in Illinois, how many more innocents would have died?
It is not as if we are setting anyone free by abolishing the death penalty. In cases when the death penalty is considered, life without parole should be the alternative, and usually is. Condemning someone to be confined to the prison environment for the rest of their lives, be it five, ten, or eighty years, is no light punishment.
There is no basis for execution in the Constitution; in fact, the amendment against "cruel and unusual punishment" might easily seem to outlaw the often botched electrocutions and lethal injections. And our own Thomas Jefferson once said of our defendant favoring court system, "It is better to set 100 guilty men free then to imprison one innocent man." It frightens and saddens me to think how many innocents may have died in states like Texas, where executions are sped up, and appeals are routinely denied.
In the final analysis, the death penalty, whether you believe in its theoretical morality, does not work in practice. And until we can be absolutely sure in every single case, we cannot continue to kill. People are not perfect, and the court system is less so, and this has been shown time and time again. How many more innocents will die for an idea that only works in theory?