Viewpoint We believe in death penalty but shrink from watching
By GEROGE J. BRYJAK
Attorney General John Ashcroft
announced that the May 16 execution of Timothy McVeigh would be televised via a
live, encrypted, closed-circuit telecast and made available to the survivors of
the Oklahoma City bombing and relatives of those killed. In light of this
decision, we might ask ourselves why all state executions are not
televised.
Although the number of Americans who advocate the death penalty
has declined from 80 percent in 1994 to 67 percent in October 2000, this latter
number still demonstrates strong support for capital punishment. Two of the
reasons most often cited by death penalty proponents are retribution --
an eye for an eye, a tooth for a tooth -- and deterrence for
would-be killers.
If as a nation we execute people in large measure because of our
belief in the death penaltys deterrent capacity, then we should maximize
that capacity by making state-sanctioned deaths public spectacles. Since 74
percent of all known homicide offenders between 1976 and 1999 were under 35
years of age (including 10.7 percent under 18) watching executions on
television should be a mandatory component of the school curriculum beginning
at an age when children can be tried and sentenced as adults (if not sooner).
Minimally, young males could be compelled to witness these executions. (Females
comprise only 10 percent of those arrested for murder.)
Surely we cannot oppose children witnessing executions for fear of
damaging their psychosocial development. By the time the typical American child
graduates from high school, he or she will have watched thousands of killings
via the media, many of them graphically and gruesomely portrayed.
If we honestly believe in the deterrent value of capital
punishment, executions should be given the widest public audience. These
state-sanctioned events could be scheduled for prime-time television viewing;
the first Tuesday of the month designated execution day. Why not
execute mass murderers, serial killers and other heinous offenders during a
halftime extravaganza at the Super Bowl when half the nation is watching?
Although some studies have concluded that criminal homicides
decline after well-publicized executions, most have found no effect, while
still others have discovered that homicides actually increase after executions.
This latter phenomenon is called the brutalization effect:
Well-publicized executions desensitize people to the immorality of killing,
thereby increasing the likelihood that some individuals will make the decision
to kill.
In a major death penalty study published last year, Columbia
University law professor James S. Liebman found that the 39 states with capital
punishment account for about 80 percent of the nations homicides and 76
percent of the population. Although this is negative evidence for the
deterrence perspective, it could be argued that the number of homicides in
these states would have been lower if the executions had been televised. The
entire deterrence thesis rests on the premise that people will desist from
criminal activity if they are made aware of the high certainty and severity of
punishment for a given offense.
There are additional advantages to having public-viewed
executions. After a year or so of such fare, we may begin asking ourselves some
tough questions. For example, why are a disproportionate number of those
persons slated to die in some locales African-American? A 1998 study found that
black defendants in Philadelphia were almost four times more likely than other
defendants convicted of committing identical crimes to receive the death
penalty. In 1994, Supreme Court Justice Harry Blackmun said, Even under
the most sophisticated death penalty statutes, race continues to play a major
role in determining who shall live and who shall die.
Watching executions may give us pause to reexamine patterns of
race-of-victim and race-of-defendant discrimination in sentencing. Of the 172
people executed since 1976 for interracial murders, 11 were white offenders
convicted of killing black victims, and 161 were black defendants convicted of
killing white victims. More than 80 percent of capital cases involve white
victims even though only 50 percent of murder victims are white. Why is the
taking of the life of a white person more deserving of the death penalty than
the slaying of a nonwhite person?
Perhaps when we look into the terror-filled eyes of those who are
about to die proclaiming their innocence, we may wonder how many of them are
telling the truth. After examining almost 5,500 death penalty cases from 1973
to 1995, Liebman concluded, American capital sentences are persistently
and systematically fraught with serious error. He found these cases
replete with mistakes including egregiously incompetent defense
lawyers, prosecutorial misconduct (notably the suppression of exculpatory
evidence) and faulty jury instructions.
A thoroughly researched series of articles by the Chicago
Tribune concluded that almost half of the 285 death penalty cases in
Illinois involved defense attorneys who were later suspended or disbarred;
jailhouse snitches attempting to shorten their sentences by testifying against
the accused; questionable hair analysis; and black defendants
convicted by all-white juries.
With the expenditure of relatively small amounts of investigative
resources between 1976 and 2000, 87 death row inmates have been cleared of
wrongdoing and released from prison. How many innocent people living the
ultimate nightmare will not be as fortunate?
Perhaps a steady diet of television executions will familiarize us
with some of the travesties of the justice system. In January, 14 judges of the
U.S. Fifth Circuit Court of Appeals met to reconsider a ruling issued in
October by a three-judge panel of the court that held that the state of Texas
can execute a man convicted of murder even though his attorney slept through
substantial portions of the trial.
U.S. law does not prohibit the execution of retarded inmates, and
only 13 states have statutes against this application of capital punishment.
According to one estimate, there are 300 mentally retarded inmates on death
rows across the country. We should all be required to look at these confused
souls as they are executed.
Mohandas Gandhi opposed capital punishment, stating that only God
has the right to take a life and since human beings can never fully understand
the motives and thinking of another person, we are not capable of making
life-ending decisions. I am against capital punishment for these reasons as
well as the injustices rife in the implementation of this penalty.
However, I realize that because of strong pubic support, the death
penalty is likely to be part of the American criminal justice system for the
indefinite future. This being the case, we should follow the example of Saudi
Arabia and maximize the potential deterrent effect of this penalty by making
state-sanctioned executions public spectacles. If we are going to kill people
for killing people, let us make the most of it.
As a nation we have the collective heart (retribution) and mind
(deterrence) to execute individuals. What we lack is the stomach to do so
publicly. Michael Kroll is correct when he states that capital punishment is
Americas own schizophrenia. ... We believe in the death penalty,
but shrink from it when applied.
George Bryjak is professor of sociology at the University of
San Diego. His e-mail address is bryjak@acusd.edu
National Catholic Reporter, May 18,
2001
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