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Killing
With Tradition
The
Death Penalty in the United States
- how a nation
protects itself from violent crime
by B.Trogand; 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 into doubt: |
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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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