News and Developments 2012: New Voices

NEW VOICES: Texas's Baptist Standard Advocates Ending Death Penalty

An editorial in the Baptist Standard, published in Texas, recently called for repealing the death penalty in the next legislative session. Among the reasons cited by the paper for ending capital punishment were principles of religious faith, the risk of executing innocent defendants, its ineffectiveness in deterring crime, the high costs of prosecution, and its unfairness in affecting the poor and people of color. The editorial quoted the recent report from the National Research Council criticizing the "fundamental flaws in the research" about deterrence and discouraging reliance on such studies to support the death penalty. The paper concluded, “[T]he possibility—and almost certain likelihood—the state periodically executes innocent people should propel capital punishment beyond the pale of possibility. . . . Since we know the courts can make grievous mistakes, how can we say we value life and perpetuate a program that sometimes kills innocent people?”  Read full editorial below.

COMMENTARY: Death Penalty Climate Changing

Commentary from nationally syndicated columnist E.J. Dionne (pictured) and the New York Times reflected on the changing state of the death penalty in the U.S. in light of recent developments. Dionne cited the repeal of the death penalty in Connecticut as an example of a "remarkable pivot in the politics of the death penalty, the premier issue on which an overwhelming consensus favoring what’s taken to be the conservative side has begun to crumble."  He observed that "significant groups of libertarian Republicans and opponents of abortion have crossed to the repeal side." In an editorial titled "The Myth of Deterrence," the New York Times noted that "a distinguished committee of scholars working for the National Research Council has now reached the striking and convincing conclusion that all of the research about deterrence and the death penalty done in the past generation . . . should be ignored."  The Times concluded that other states should follow Connecticut’s lead in repealing the death penalty.  Read full texts below.

NEW VOICES: Jimmy Carter, Former President and Nobel Peace Prize Winner, Calls for End to Death Penalty

In a recent op-ed in the Atlanta Journal-Constitution, former U.S. President Jimmy Carter called for the end of the death penalty. President Carter cited the risk of wrongful executions, the lack of evidence of deterrence, and the costs of prosecution as reasons to abolish capital punishment. He wrote, “[T]here has never been any evidence that the death penalty reduces capital crimes or that crimes increased when executions stopped. Tragic mistakes are prevalent. DNA testing and other factors have caused 138 death sentences to be reversed since I left the governor’s office. The cost for prosecuting executed criminals is astronomical. Since 1973, California has spent roughly $4 billion in capital cases leading to only 13 executions, amounting to about $307 million each.” President Carter also cited the unfair application of the death penalty as an especially compelling reason for repeal: “Perhaps the strongest argument against the death penalty is extreme bias against the poor, minorities or those with diminished mental capacity. Although homicide victims are six times more likely to be black rather than white, 77 percent of death penalty cases involve white victims. Also, it is hard to imagine a rich white person going to the death chamber after being defended by expensive lawyers. This demonstrates a higher value placed on the lives of white Americans.” Read full op-ed below.

RECENT LEGISLATION: Governor's Signature Makes Connecticut Fifth State in Five Years to End Death Penalty

On April 25, Connecticut Governor Dannel Malloy (pictured) signed into law a bill that replaces the death penalty with life without parole.  Connecticut is the fifth state in five years, and the 17th overall, to do away with capital punishment.  Governor Malloy, who once supported the death penalty, offered the following statement: “My position on the appropriateness of the death penalty in our criminal justice system evolved over a long period of time. As a young man, I was a death penalty supporter. Then I spent years as a prosecutor and pursued dangerous felons in court, including murderers. In the trenches of a criminal courtroom, I learned firsthand that our system of justice is very imperfect. While it’s a good system designed with the highest ideals of our democratic society in mind, like most of human experience, it is subject to the fallibility of those who participate in it. I saw people who were poorly served by their counsel. I saw people wrongly accused or mistakenly identified. I saw discrimination. In bearing witness to those things, I came to believe that doing away with the death penalty was the only way to ensure it would not be unfairly imposed."  See more of the governor's statement below.

NEW VOICES: Senior Florida Judge Says Death Penalty Is Excessively Expensive and Not Needed

In a recent op-ed in the Gainesville Sun, Florida Judge Charles M. Harris (pictured) called the state’s capital punishment system “totally defective” and “far less satisfactory” than alternatives like life without parole. Judge Harris, who has been on the bench for over 20 years, argued that life without parole “has rendered death by execution redundant and the amount we spend on it wasted.” He continued, “[D]eath by execution is excessively expensive. Most people who support the death penalty believe it is more cost effective than life in prison. Perhaps at one time, when executions were swift and sure, this may have been the case. It is not now. Most people knowledgeable about the subject will agree that the delay now built into the system, more trial preparation, much longer time to get to trial, much longer jury selections and trials, much more complicated and far more frequent appeals, and continuous motions, have increased the cost of capital punishment so that it is now many times the cost of keeping a prisoner in prison for life… Proper legal representation of the accused, particularly those sentenced to death, is an essential element of due process.”  Read full op-ed below.

DETERRENCE: National Research Council Concludes Deterrence Studies Should Not Influence Death Penalty Policy

A report released on April 18 by the prestigious National Research Council of the National Academies based on a review of more than three decades of research concluded that studies claiming a deterrent effect on murder rates from the death penalty are fundamentally flawed. The report concluded: “The committee concludes that research to date on the effect of capital punishment on homicide is not informative about whether capital punishment decreases, increases, or has no effect on homicide rates. Therefore, the committee recommends that these studies not be used to inform deliberations requiring judgments about the effect of the death penalty on homicide. Consequently, claims that research demonstrates that capital punishment decreases or increases the homicide rate by a specified amount or has no effect on the homicide rate should not influence policy judgments about capital punishment." (emphasis added).  Criminologist Daniel Nagin of Carnegie Mellon, who chaired the panel of experts, said, “We recognize this conclusion will be controversial to some, but nobody is well served by unfounded claims about the death penalty. Nothing is known about how potential murderers actually perceive their risk of punishment."