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Killing With
Tradition
The Death
Penalty in the United States
- how a nation protects
itself from violent crime
(c) by Beatrix
Trogand, Germany; Oct. 2002, revised in January 2004
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Old habits
die hard - People don't.
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The Death Penalty in
America is -
besides increasingly pressing questions about legal deficiencies of its
system, its arbitrary application, racial bias and other moral, ethical
and religious concerns about it -
an antiquated custom.
A cherished, convenient
tradition that is hard to call into question. In fact, it is the easiest
way to get rid of those who are supposed to be a threat on society.
Authorities may call that "deterrence", some people name it a
ruthless way of crime prevention.
Historically, the application of the Death Penalty was indisputably based
on racial disparities:
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Different punishment for
equal crimes is nothing new in America's history of Capital Punishment:
before the Civil War - for example - the rape of a white woman by an Afro-
American man was a capital offense, for whites it was punishable by only 2
to 20 years prison. The rape of an Afro-American woman was punished by a
fine or imprisonment.
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In the early 20th century
in some regions, especially southern states, lynching was a common practice
of extra-judicial executions, predominately carried out against blacks.
Between 1880 and 1930 3,220 blacks and
723 whites were lynched(1). When
this practice became uncontrollable, public demand for swift executions
grew up and led to a guarantee of judicial death sentences.
Between colonial times and
1990 some 18,000 people were executed, only
30 cases of that total
involved the execution of a white person for the murder of a black person.
In almost all cases, the social status of the victim was higher than the
social status of the perpetrator(2).
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Slight changes are to be
considered since: in 2002 the state of Maryland imposed a Moratorium on
executions, based on serious doubts on racial fairness in the states' use
of the Death Penalty. In 1998, 81.8% of all inmates executed in the U.S.
were convicted of the murder of a white, even though the rate of black and
white victims of homicide is almost equal nationwide(3) .
Over 3,700
prisoners were under sentence of death as of 1 January 2002. Today 48 %
of
all death row inmates are black, although they make up only 12 % of U.S.
population.
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Of all murders committed
in the US every year, less than 1%
result in a death sentence for the
alleged offender. Here, mainly poor and non whites get a taste of the full
hardship of law. Not because their crimes are the most horrendous, but
because they cannot afford adequate defense.
Poverty, as an increasing
social problem plays a gruesome role in the issue of capital punishment.
It has to be considered that the social status of a person accused of a
capital crime enables him or her to be eligible for the Death Penalty.
Solving social problems by a harsh application of extant laws may be
short term convenient, but it must be questioned if the danger of
reversing the effect is acceptable.
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It is just too easy to say
"Okay, we have the Death Penalty, so let's use it to the fullest!"
as it happened in Florida in 2000 when a bill to limit death row appeals
was welcomed by the governor's chief advisor by the words: "What I
hope is that we become more like Texas. Bring in the witnesses, put the
inmates on a gurney, and let's rock and roll."(4)
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The appetite for swift
justice has already resulted in over 110
(as of January 2004) false death
sentences and persons releasedfrom death rows .
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In connection with that,
there is a high probability that an unknown number of innocents have
already been executed in the United States, which is a problem within the
issue.
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So the old custom
"Death Penalty" might have claimed an anonymous number of
innocents who have been killed by the government. Is this acceptable? Is
it acceptable to execute "one innocent person between 'XY' guilty
people?" Is this a so-called 'risk' society has to take the
responsibility for?
There are serious doubts on the law system to be
mentioned. IF a nation that claims itself to be the "protector of
global human
rights" USES the Death Penalty, it should watch its own legal system
very, very carefully, at least.
But - there are mistakes and an arbitrary
use in and of Capital Punishment law - one must be blind to
ignore that. For example:
The system of the jury court
even though it is a milestone of
the Anglo-American law system, its efficiency and grandeur has to be taken to
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To prove that only unbiased jurors are elected to participate in a death
penalty trial, the candidates are being asked in a selection procedure,
the "voir dire". Individuals who are prejudiced for or against
the accused person are sorted out during this trial phase.
Another measure to
protect the integrity of the trial is to keep the juror's discussions -
held behind closed doors - from being part of the court's files in the
trial.
A new research from 1990, the "Capital Jury Project"
(which is still going on) has examined interviews with more than 1,000 jurors who served in death
penalty trials in 14 US states(5).
While the results of this massive
project are still in the early stages of review, the preliminary findings
strongly indicate that former jurors were subjected to a wide range of
misconceptions and prejudices which may undermine their ability to render
reliable verdicts in capital cases(6).
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The preliminary results of
the study have revealed that some jurors simply lie with reference to
their racial attitudes. For example: James Edward Jenkins was accepted on
the jury that decided the guilt and sentence of Napoleon Beazley (executed
in Texas in May 2002), a juvenile offender.
During the jury selection he
was asked by the judge: "I will instruct you not to let bias,
prejudice or sympathy play any part in your deliberations... Can you
follow that instruction?" Jenkins replied that he could. Attorneys
later representing Beazley approached Jenkins to discuss the trial. He
refused to talk to them, saying: "the state said that we don't have
to say nothin' to nobody." While slamming the door, he added:
"That nigger got what he deserved".
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The US Supreme Court
(named here the US S.C.) had to confess that racism can play a role in the
jury selection. In 1986, the US S.C. had to rule that potential jurors
could be asked about their attitudes on racism, since "because the
range of discretion entrusted to a jury in a capital sentencing hearing,
there is a unique opportunity for racial prejudice to operate...".
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It is obvious that this
can be transferred on poor white, Latin, Asian, Arabic and other offenders
who have no political lobby. Because of the fear the authorities and the
media initiate on the public, hysteria over crime is partly responsible
for the support of the Death Penalty in today's America.
It had reached
its peak in the 1998 election. When the Republicans sensed that Michael
Dukakis opposed the Death Penalty, Vice president George Bush did not
hesitate to bring that up in debates and called it a weakness. His
strategy worked and Bush won in a landslide.
So the Democrats had learned
their lesson when they brought up Bill Clinton who finally became
President of the United States of America and was forced to move to the
right. In 1994 he supported a reduction of death row appeals, called by
the Republicans and in 1996 he cut off legal steps in capital case
appeals.
Even if he was "suspected" to be willing to soften
death penalty law, he had to give up to the old habits in that issue, at
the end. In fact, no candidate for the president's chair would have the
slightest chance to be elected if he would confess to be opposed to the
Death Penalty which is a step backward for the American "Human Rights
believers".
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These activists - in
America and the rest of the world - think that two fundamental human
rights are: the Freedom of Speech and Independent Thought.
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The current President of
the United States claims himself to be a "Human Right believer"
and protector (!). Other US- state governors are saying the same.
They all
say they want to protect society, human rights and the 'civilized world'.
They want to be an example for the whole world. In Europe for example, the
Death Penalty has been totally abolished during the 19th and 20th century,
all countries in the European Union have voted against it.
Quoting one
mediocre American I corresponded with: "The difference is Europeans are
taught HOW to think - most Americans are taught WHAT to think".
Is this the truth?
Are the Americans just too lazy to use their own brains when it
comes to that issue?
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Is it (definitely) more
convenient to stick to old customs than to think of other ways of
punishment, crime prevention, and society's protection? Or is there a
hidden shred of revenge, that essentially does not fit to modern
judiciary?
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With the fullest respect
and sympathy for the victims of violent crime and their relatives, it is
still necessary to remind us of our responsibility for the offenders who
are human beings, too.
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What is it like to strap a
totally defenseless person on a gurney and stick needles into its veins
which will lead toxic chemicals into a human's body? Chemicals which are
made to kill a person are used to end a life.
The industry (and even
medics on government's pay rolls) say that the procedure is
"humane" and working fast and that the chemicals are
"safe" because they guarantee a quick death.
No one who has gone through this has survived,
ever. So we do not know about the pain and the suffering this
"humane" procedure of executing people implements. We only know
that the convicted are dying in a neat, quite clinical atmosphere.
The
first drug pumped into their veins lets all muscles slacken, so that the
face cannot show any movement. When the lungs collapse from the second injection,
the breathing stops and all inner organs cramp in throes of death, until the heart
finally stops working by the third injection...
What brings us to another
tradition combined with the Death Penalty history in the United States:
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The search for
"humane" methods of execution.
First of all, we have to ask the
following question: are executions generally eligible to be accepted as
"humane"? Or does the whole issue depend on the methods used?
Are the modern lethal injections more humane than the
"antiquated" stonings or beheadings in Saudi Arabia or the Iraq,
for example?
When the amount of so-called "botched executions" by electrocution or gassing
increased and reports of horrible, unbelievable gruesome executions were
published,
(most famous case: the electrocution of "Tiny"
Davis" published on the internet by a judge), American authorities
rushed to impose "smoother ways of execution".
This has resulted
in the currently common execution method of "lethal injection" which is declared to be a humane and swift
way to put an individual from life to death.
Over 830
men and women have
been executed since the Death Penalty was re-established in 1972.
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Authorities are trying to
convince those who lost a loved one from homicide, that the government is
punishing the perpetrators in their purpose, but interviews with victims'
relatives have revealed that the death of the condemned is not the last
step to find peace, again, as they often believe.
Revenge, even if it is an old and allegedly
effective custom, cannot be the used as a reason to punish those who have
killed. No crime happens without external circumstances which must be
considered and proved, when a prosecutor summons the Death Penalty before
a court.
This idea has brought delegates of the German
Parliament to vote
against a reintroduction of the Death Penalty in Germany on October 30,
1952.
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Society's responsibility
on the protection of every human life and universal human rights is as
high as its right to demand effective crime protection from its
government.
But while millions of dollars are being spent on bringing SOME
alleged perpetrators from life to death, less money is given to projects
which try to prevent crime in social "boiling points". High
Schools which are considered a "troubled area" because of
violence are being monitored by digital cameras and security guards.
But
there are no programs or activities offered to the kids. It is forbidden
to them to carry weapons, but they are not being educated in
violence-prevention. Americans are allowed to carry arms by the 2nd
Amendment.
Many of them insist on
which right they understand as their
right to protect themselves, their families and their property.
Another
american tradition that costs human lives: the fear of crime - liven up by
mass media - has lead to an unparalleled armament of American citizens:
around 25,000 000 fire arms are kept in private property, more than
11,000
people are being shot every year in the USA. The Death Penalty does not
prevent these 11,000 deaths.
It is to be suspected that the politicians in
charge in the USA definitely don't want to support or impose a change in
their Death Penalty system. They seem to love it too much to give it up.
Or
are they just trying to get an increasing public acceptance on executions, because the modern system
seems to find methods to kill without torture?
A poll by
Richard
Clark in 2001 shows that
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"Lethal injection is
perceived as the most humane by the vast majority (81.9
%) of pro
respondents and by the majority of anti respondents who replied to this
question. It is the most modern and least gruesome form of execution.
There are, however, a significant number of people who feel that criminals
should be made to suffer something worse -
81.9% think injection is the
least cruel but only 51.7% think it should be the method used.
The older
methods of execution still have support but are generally seen as less
humane".
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"Lethal injection
would be the majority choice with shooting and hanging being the second
and third choices of male respondents. Hanging is seen as the cruelest
method by women and the gas chamber the cruelest by men.
Almost 80% of
women would select lethal injection, but rather surprisingly only just
over half the men who responded would, 21.6% selecting shooting (7).
Strangely, perhaps, the electric chair and the gas chamber were selected
by a significant minority of the under 25 age group of both sexes."
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"America other than
Texas hardly executes anyone and it is getting to the stage where people
have to volunteer for it in most states. Florida has had 53 executions
since 1977 - hardly a lot for a large state.
Capital punishment is
supported by two out of three Americans (especially by the young) so it is
a democratic choice and is typically only applied to the "worst"
murderers (7a)". End of quote.
Although public support for the Death Penalty is
constantly decreasing the voices of those who call out for abolition is
still not broadcasted in the media. Tradition before real justice! Is this
the message America has to tell the civilized world?
Or is it real that
"the Americans" are being taught WHAT to think, while the
Europeans, e.g. are being taught HOW to think?
Last but not least, it
seems like there are some old fashioned people in the United States of
America who don't want to grapple with the idea of the Universal Declaration
of Human Rights (that forbids the Death Penalty as a cruel, inhumane and
degrading punishment) and who are enabled to control a whole nation's thinking in
that issue.
What a sad reflection!
Maybe, the keeping of this
tradition will some day split America off the so-called "civilized
world", because of this one thing: the using of the Death Penalty
against any doubts.
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Sources: |
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(1) Lynching in the New South, W. Fitzhugh Brundage
(2) Executions of Whites for crimes against Blacks, Mike
Radelet,Sociological Quarterly, Volume 30 (1989):
529-44
(3) amnesty international: Killing with prejudice: Race and the death
Penalty, Report from May1999
(4) The Economist; June 10th , 2000; p. 23
(5) The Capital Jury Project: Rationale, design and preview of early
findings, William J. Bowers, Indiana Law Journal 70:
1034-1002 (1995). Also see: William J. Bowers, Marla Sandys, and Benjamin
Steiner (1998): Foreclosed impartiality in capital sentencing: juror's
predispositions, guilt trial experience, and premature decision making, 83
Cornell Law review, 1476-1556.
(6) amnesty international: Killing with prejudice: Race and the
death Penalty, Report from May1999
(7) Richard Clark, 2001
(7a) Richard Clark, 2001
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first published Nov. 2002 on:
http://leegaylord.hypermart.net/sitemap.html
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