The death penalty in a democracy
Lady Justice–scales and sword. Photo: Bill Tyne
Tuesday night, Oklahoma botched the execution of a convicted murderer and stayed the execution of a second man until an investigation of the episode is completed. NPR’s coverage of the story is here.
When I turned on the radio this morning and heard the BBC’s coverage of the incident, what troubled me was the reporter’s account of prison officials “closing the curtain” on the execution room when it became apparent that there were problems. Regardless of one’s personal opinion on the death penalty, there is good reasoning behind the practice of having public witnesses at all state sanctioned executions.
It is a slippery slope from yesterday’s execution–started, botched and then hidden from public view–to state abuse of the death penalty. If the state is going to implement a death sentence, in the name of the people, “the people” should be present: both to insure a reasonably humane process (guaranteed by our Constitution) and to take direct responsibility for the punishment being meted out in their name.
Here in our region, the death penalty is no longer used. In NYS, the Appeals Court ruled the state’s death penalty legislation unconstitutional (in terms of the NYS constitution) in 2004 and the last death sentence still on record was commuted in 2007. The last execution in NYS took place in 1963.
In Vermont, the last execution took place in 1954, and the death penalty was abolished in 1965.
However, in both New York and Vermont the death penalty may be applied by the federal government in the case of treason.
In Canada, the death penalty was abolished in 1976, with the last executions taking place in 1962. Further, Canada’s extradition guidelines reflect the country’s opposition to capital punishment:
The Supreme Court of Canada, in the case United States v. Burns, (2001), determined that Canada should not extradite condemned persons, unless they have assurances that the foreign state will not apply the death penalty, essentially overruling Kindler v. Canada (Minister of Justice), (1991). This is similar to the extradition policies of other nations such as Germany, France, the Netherlands, Spain, Italy, the United Kingdom, Israel, Mexico, Colombia and Australia, which also refuse to extradite prisoners who may be condemned to death. (Wikipedia)
Here’s a complete list of current capital punishment policies in all 50 states: 32 have the death penalty, 18 do not.
Back to the case at hand…As Oklahoma reviews its method of executing death row inmates, it may also want to review the process, insuring that impartial public witnesses are present from start to death.
Tags: criminal justice, death penalty, executions, public policy
Thanks for the comment, Ellen. I am opposed to the death penalty. I don’t want people killed in my name, I don’t want my tax money spent on the very costly process of appeals and such. Life without parole is my choice for the cases considered death penalty worthy under current law. For one thing, the prisoner in question should have had as long a time as possible to suffer the tender mercies of prison and contemplate his sins — death may be too light a sentence. To your point regarding the pulling of the curtain: I agree that we the people need to be able to watch, especially in these ‘botched’ cases. If there is some concern about the prisoner’s privacy or the viewers’ tender sensibilities, that strikes me as nonsense under the circumstances!
I’ve never understood how killing a person in good health is humane while killing a person who is dying and in pain is inhumane and called murder.
We seem to have a language problem in this country, along with many other problems.
But if a state really wants to kill someone, why be so exotic about it? Vets put down animals with only one injection. They don’t need a “cocktail” to do it.
Do they use cocktails so no one executioner can be the one giving the fatal dose? A bit cowardly, I would say.
I would also like to know all who are taking part in the killing from the Jury, Judge and Executioner or Executioners.
Again, cowardly.
Lastly, if they insist on doing it, they need to strike the part about the people of the state are doing it. Unless we all get to vote on who gets executed, it is not the people of the state who are doing it.
The fact of the matter is that states and the federal government like to hold a monopoly when it comes to murder. They just hate competition from the public.
It is hard to have a discussion about execution without talking about racism; that’s right I’m playing the Race Card, because the Race Card is involved in so many of the most divisive contests we have here in the USA.
Black people are disproportionately represented among death row Americans and among executed Americans – notice that we NEVER talk about prisoners as being Americans, like they are something else.
http://www.deathpenalty.org/article.php?id=54
Lots of people get upset when I make a link between racism and other issues. Like when I made a link between the White Suprematist murderer in Norway and the Tea Party. But look, one random link among many you could find for yourself. “Norwegian Killer Linked to Tea Party and EDL”
http://www.craigmurray.org.uk/archives/2011/07/norwegian-killer-linked-to-tea-party-and-edl/
Racism has been with us since the very beginning with slavery and continued through Jim Crow, laws against intermarriage, affects the politics around poverty, education, voting rights, economics and of course prison. I’m sure I’ve missed several issues – oh, like pollution and public safety, where communities of color are often the places we dispose of waste and we enforce laws very differently.
Racism is even in sports, oh, wait we got that guy. Racism in sports is all over now, and the NAACP can give an award to someone who is REALLY deserving – or gives them lots of money, whichever.