Death Penalty
Robin Lovitt has been convicted of the death penalty in Virginia. He was convicted of killing someone with a pair of scissors. DNA tests performed on the scissors were inconclusive. The scissors were later thrown away and cannot be retested with modern technology.
Ruben Cantu was executed on Aug. 24, 1993. What convicted him was an eyewitness who later recanted and stated he felt pressured by the police to change his story and name Cantu as the murderer. Cantu's co-defendant signed an affidavit stating Cantu was not with him at the night of the murder.
According to the 1987 Stanford University survey, at least 23 Americans have been wrongly executed in the 20th century. Mr. Lovitt and others were executed post-1987 so that figure would be higher. Since 1973, at least 122 prisoners have been freed from death row thanks to DNA testing, witnesses recanting their testimony among other factors.
What about the death penalty's role as a deterrent? Well, per 100,000 people in states with the death penalty there are 5.1 murders, in states without the death penalty, 2.9 per 100,000. The fact is that those who commit murder aren't the most rational and logical people. Many murders are committed in the heat of the moment where there was no intent to commit murder beforehand. A deterrence will not work in these cases.
Some murders are committed by the mentally deranged, a deterrence won't work in these cases. Ironically at the time of the French Revolution while people were being guillotined it was common for thieves to pickpocket spectators. So much for a deterrence.
Logically, a person with more money will be able to afford a better lawyer to defend himself/herself in a murder/death penalty case then a person with less money and so have a better chance of not receiving this ultimate penalty. Does anyone believe that if O.J. Simpson was not able to afford such a strong defense team that he wouldn't have been convicted?
We cannot allow essentially two different penalties for the accused depending on their socio-economic class and what they can afford as a defense. African Americans and Latinos are more likely to have poor representation that will be unable either to win the trial or to convince the prosecutor to allow pleading to lesser charges that do not carry the death penalty.
Divide and Conquor Christians:
There is a divide and conquer routine being practiced by supposed "Christians" like Pat Robertson and others to take us away from our own economic interests. Pat Robertson has stated, "Christians have a responsibility to submit to the authority of their employers since they are designated as part of God's plan for the exercise of authority on the earth of man." The late Jerry Falwell said, "Labor Unions should study and read the Bible instead of asking for more money. When people get right with God they are better workers." Ralph Reed, who was executive director of Pat Roberston's Christian Coalition, stated of issues like school prayer and abortion, "They are the bridge that gets you to constituencies that aren't with you on the economic issues." Paul Weyrich, Christian activist stated about the use of religious issues to trump economic interests during the Reagan administration, "there are those rural people in West Virginia who don't understand Reaganomics and who are being HURT BY REAGANICMICS and WHO WOULDN'T LIKE IT IF THEY DID UNDERSTAND IT," emphasis mine.
So, to a great extent the conservative religious leaders of America admit that the economic interests of the average people are hurt by GOP economic policies and the only way to get them to vote for the side of Corporate America is wedge/social issues. Pat Roberstson indeed believes that American workers should be serfs to their employer as feudal lord. Maybe he didn't hear that there are no Dukes and Barons in the U.S.; I don't know.
These conservatives believed to heck with more money for struggling workers, be good little servants to their employers. If they have to almost starve in the process, so be it. At least the wealthy can drive their Mercedes in peace. I wonder if Mr. Robertson is struggling to just get by.
How's about this for "Christian" values of the right. Fred Phelps, who protested at such funerals for gay men such as Matthew Shephard, is now protesting at the funerals of U.S. Army soldiers who fought and died in Iraq because the U.S. government and nation isn't hostile enough towards gay men and women. Where are the howls by the right of protest towards Mr. Phelps as un-American or unpatriotic, or is that only reserved toward those on the left?
Mr. Robertson practices his "Christian" values by advocating for the killing of the elected leader of Venezuela. I think we should ask ourselves, is the Christian Right still Christian anymore?
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2 comments:
You really need to fact check.
Even the authors of that Stanford artcile admit they never proved any innocents to have een executed.
9 death row inmates have een released because of DNA exclusion, not 122.
and, on deterrence, you are just as inaccurate.
Death Penalty and Deterrence: Let's be clear
by Dudley Sharp, Justice Matters, 0104
In their story, "States With No Death Penalty Share Lower Homicide Rates", The New York Times did their best to illustrate that the death penalty was not a deterrent, by showing that the average murder rate in death penalty states was higher than the average rate in non death penalty states and, it is. (1)
What the Times failed to observe is that their own study confirmed that you can't simply compare those averages to make that determination regarding deterrence.
As one observer stated: "The Times story does nothing more than repeat the dumbest of all dumb mistakes — taking the murder rate in a traditionally high-homicide state with capital punishment (like Texas) and comparing it to a traditionally low-homicide state with no death penalty (like North Dakota) and concluding that the death penalty doesn't work at all. Even this comparison doesn't work so well. The Times own graph shows Texas, where murder rates were 40 percent above Michigan's in 1991, has now fallen below Michigan . . .". (2)
Within the Times article, Michigan Governor John Engler states, "I think Michigan made a wise decision 150 years ago," referring to the state's abolition of the death penalty in 1846. "We're pretty proud of the fact that we don't have the death penalty."(3)
Even though easily observed on the Times' own graphics, they failed to mention the obvious. Michigan's murder rate is near or above that of 31 of the US's 38 death penalty states. And then, it should be recognized that Washington, DC (not found within the Times study) and Detroit, Michigan, two non death penalty jurisdictions, have been perennial leaders in murder and violent crime rates for the past 30 years. Delaware, a jurisdiction similar in size to them, leads the nation in executions per murder, but has significantly lower rates of murders and violent crime than do either DC or Detroit, during that same period.
Obviously, the Times study and any other simple comparison of jurisdictions with and without the death penalty, means little, with regard to deterrence.
Also revealed within the Times study, but not pointed out by them,: "One-third of the nation's executions take place in Texas—and the steepest decline in homicides has occurred in Texas, Oklahoma, Louisiana and Arkansas, which together account for nearly half the nation's executions." (4)
And, the Times also failed to mention that the major US jurisdiction with the most executions is Harris County (Houston, Texas), which has seen a 73% decrease in murder rates since resuming executions in 1982 -- possibly the largest reduction for a major metropolitan area since that time.
Also omitted from the Times review, although they had the data, is that during a virtual cessation of executions, from 1966-1980, that murders more than doubled in the US. Any other rise and fall in murders, after that time, has been only a fraction of that change, indicating a strong and direct correlation between the lack of executions and the dramatic increase in murders, if that is specifically what you are looking for.
If deterrence was measured by direct correlation's between execution, or the lack thereof, and murder rates, as implied by the Times article, and as wrongly assumed by those blindly accepting that model, then there would be no debate, only more confusion. Which may have been the Times' goal.
Let's take a look at the science.
Some non death penalty jurisdictions, such as South Africa and Mexico lead the world in murder and violent crime rates. But then some non death penalty jurisdictions, such as Sweden, have quite low rates. Then there are such death penalty jurisdictions as Japan and Singapore which have low rates of such crime. But then other death penalty jurisdictions, such as Rwanda and Louisiana, that have high rates.
To which an astute observer will respond: But socially, culturally, geographically, legally, historically and many other ways, all of those jurisdictions are very different. Exactly, a simple comparison of only execution rates and murder rates cannot tell the tale of deterrence. And within the US, between states, there exist many variables which will effect the rates of homicides.
See REVIEW, below
And, as so well illustrated by the Times graphics, a non death penalty state, such as Michigan has high murder rates and another non death penalty state, such as North Dakota, has low murder rates and then there are death penalty states, such as Louisiana, with high murder rates and death penalty states, such South Dakota, with low rates. Apparently, unbeknownst to the Times, but quite obvious to any neutral observer, there are other factors at play here, not just the presence or absence of the death penalty. Most thinking folks already knew that.
As Economics Professor Ehrlich stated in the Times piece and, as accepted by all knowledgeable parties, there are many factors involved in such evaluations. That is why there is a wide variation of crime rates both within and between some death penalty and non death penalty jurisdictions, and small variations within and between others. Any direct comparison of only execution rates and only murder rates, to determine deterrence, would reflect either ignorance or deception.
Ehrlich called the Times study "a throwback to the vintage 1960s statistical analyses done by criminologists who compared murder rates in neighboring states where capital punishment was either legal or illegal." "The statistics involved in such comparisons have long been recognized as devoid of scientific merit." He called the Times story a "one sided affair" devoid of merit. Most interesting is that Ehrlich was interviewed by the Time's writer, Fessenden, who asked Ehrlich to comment on the results before the story was published. Somehow Ehrlich's overwhelming criticisms were left out of the article.
Ehrlich also referred Fessenden to some professors who produced the recently released Emory study. Emory Economics department head, Prof. Deshbakhsh "says he was contacted by Fessenden, and he indicated to the Times reporter that the study suggested a very strong deterrent effect of capital punishment." Somehow,
Fessenden's left that out of the Times story, as well. (5).
There is a constant within all jurisdictions -- negative consequences will always have an effect on behavior.
Maybe the Times will be a bit more thoughtful, next time.
REVIEW
"The List: Murder Capitals of the World", 09/08, Foreign Policy Magazine
Capital punishment (cp) or not (ncp)
murder rates/100,000 population
4 out of the top 5 do not have the death penalty
1. Caracas (ncp), Venezuela 130-160
Bad policing.
2. New Orleans (cp), La, USA 69-95
Variable because of different counts in surging population. Drug related.
Nos 2 & 3 in US, Detroit (ncp), 46 and Baltimore (cp), 45.
3. Cape Town (ncp), South Africa 62
Most crimes with people who know each other.
4. Port Mores (ncp), Papua New Guinea 54
Chinese gangs, corrupt policing
5. Moscow (ncp), Russia 9.6
various
Of the Top 10 Countries With Lowest Murder Rates (1), 7 have the death penalty
O f the Top 10 Countries With Highest Murder Rates (2), 5 have the death penalty
Top 10 Countries With Lowest Murder Rates
Iceland 0.00 ncp
Senegal 0.33 ncp
Burkina Faso 0.38 cp
Cameroon 0.38 cp
Finland 0.71 ncp
Gambia 0.71 cp
Mali 0.71 cp
Saudi Arabia 0.71 cp
Mauritania 0.76 cp
Oman cp
Top 10 Countries With Highest Murder Rates
Honduras 154.02 ncp
South Africa 121.91 ncp
Swaziland 93.32 cp
Colombia 69.98 ncp
Lesotho 50.41 cp
Rwanda 45.08 ncp
Jamaica 37.21 cp
El. Salvador 36.88 cp
Venezuela 33.20 ncp
Bolivia 31.98 cp
(1) http://www.mapsofworld.com/world-top-ten/countries-with-lowest-murder-rates.html no date
(2) http://www.mapsofworld.com/world-top-ten/countries-with-highest-murder-rates.html no date
FOOTNOTES
1) "States With No Death Penalty Share Lower Homicide Rates", The New
York Times 9/22/00 located at
www (dot) nytimes.com/2000/09/22/national/22STUD.html and www (dot) nytimes.com/2000/09/22/national/22DEAT.html
2) “Don't Know Much About Calculus: The (New York) Times flunks high-school
math in death-penalty piece", William Tucker, National Review, 9/22/00, located
at www (dot) nationalreview.com/comment/comment092200c.shtml
3) ibid, see footnote 11
4) "The Death Penalty Saves Lives", AIM Report, August 2000, located atwww (dot) aim.org/publications/aim_report/2000/08a.html
5) "NEW YORK TIMES UNDER FIRE AGAIN", Accuracy in Media, 10/16/00, go to www (dot) aim.org/
copyright 2000-2008 Dudley Sharp: Permission for distribution of this document, in whole or in part, is approved with proper attribution.
Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
Pro death penalty sites
homicidesurvivors.com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx
www.dpinfo.com
www.cjlf.org/deathpenalty/DPinformation.htm
www.clarkprosecutor.org/html/links/dplinks.htm
www.coastda.com/archives.html
www.lexingtonprosecutor.com/death_penalty_debate.htm
www.prodeathpenalty.com
yesdeathpenalty.googlepages.com/home2 (Sweden)
www.wesleylowe.com/cp.html
The Death Penalty Provides More Protection for Innocents
Dudley Sharp, Justice Matters, contact info below
Often, the death penalty dialogue gravitates to the subject of innocents at risk of execution. Seldom is a more common problem reviewed. That is, how innocents are more at risk without the death penalty.
To state the blatantly clear, living murderers, in prison, after release or escape, are much more likely to harm and murder, again, than are executed murderers.
Although an obvious truism, it is surprising how often folks overlook the enhanced incapacitation benefits of the death penalty over incarceration.
No knowledgeable and honest party questions that the death penalty has the most extensive due process protections in US criminal law.
Therefore, actual innocents are more likely to be sentenced to life imprisonment and more likely to die in prison serving under that sentence, that it is that an actual innocent will be executed.
That is. logically, conclusive.
16 recent studies, inclusive of their defenses, find for death penalty deterrence.
A surprise? No.
Life is preferred over death. Death is feared more than life.
Some believe that all studies with contrary findings negate those 16 studies. They don't. Studies which don't find for deterrence don't say no one is deterred, but that they couldn't measure those deterred.
What prospect of a negative outcome doesn't deter some? There isn't one . . . although committed anti death penalty folk may say the death penalty is the only one.
However, the premier anti death penalty scholar accepts it as a given that the death penalty is a deterrent, but does not believe it to be a greater deterrent than a life sentence. Yet, the evidence is compelling and un refuted that death is feared more than life.
Some death penalty opponents argue against death penalty deterrence, stating that it's a harsher penalty to be locked up without any possibility of getting out.
Reality paints a very different picture.
What percentage of capital murderers seek a plea bargain to a death sentence? Zero or close to it. They prefer long term imprisonment.
What percentage of convicted capital murderers argue for execution in the penalty phase of their capital trial? Zero or close to it. They prefer long term imprisonment.
What percentage of death row inmates waive their appeals and speed up the execution process? Nearly zero. They prefer long term imprisonment.
This is not, even remotely, in dispute.
Life is preferred over death. Death is feared more than life.
Furthermore, history tells us that lifers have many ways to get out: Pardon, commutation, escape, clerical error, change in the law, etc.
In choosing to end the death penalty, or in choosing not implement it, some have chosen to spare murderers at the cost of sacrificing more innocent lives.
Furthermore, possibly we have sentenced 25 actually innocent people to death since 1973, or 0.3% of those so sentenced. Those have all been released upon post conviction review. The anti death penalty claims, that the numbers are significantly higher, are a fraud, easily discoverable by fact checking.
The innocents deception of death penalty opponents has been getting exposure for many years. Even the behemoth of anti death penalty newspapers, The New York Times, has recognized that deception.
To be sure, 30 or 40 categorically innocent people have been released from death row . . . (1) This when death penalty opponents were claiming the release of 119 "innocents" from death row. Death penalty opponents never required actual innocence in order for cases to be added to their "exonerated" or "innocents" list. They simply invented their own definitions for exonerated and innocent and deceptively shoe horned large numbers of inmates into those definitions - something easily discovered with fact checking.
There is no proof of an innocent executed in the US, at least since 1900.
If we accept that the best predictor of future performance is past performance, we can, reasonably, conclude that the DNA cases will be excluded prior to trial, and that for the next 8000 death sentences, that we will experience a 99.8% accuracy rate in actual guilt convictions. This improved accuracy rate does not include the many additional safeguards that have been added to the system, over and above DNA testing.
Of all the government programs in the world, that put innocents at risk, is there one with a safer record and with greater protections than the US death penalty?
Unlikely.
Full report -All Innocence Issues: The Death Penalty, upon request.
Full report - The Death Penalty as a Deterrent, upon request
(1) The Death of Innocents: A Reasonable Doubt,
New York Times Book Review, p 29, 1/23/05, Adam Liptak,
national legal correspondent for The NY Times
copyright 2007-2009, Dudley Sharp
Permission for distribution of this document, in whole or in part, is approved with proper attribution.
Dudley Sharp, Justice Matters
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