States Struggle with the Appropriateness of Capital Punishment as a Criminal Sanction…?
Thirty-six states have either abolished the death penalty, have executions on hold, or have not carried out an execution in at least 5 years. Recently, three states, Arizona, Ohio, and Oklahoma, temporarily halted executions as reviews are conducted of botched executions.
In six states, Arkansas, California, Kentucky, Louisiana, Montana, and North Carolina, a de facto moratorium on executions is in place because of lethal-injection challenges; most of those states have not had an execution since 2008. Colorado, Oregon, and Washington have formal moratoriums on executions imposed by their governors. Eighteen states and the District of Columbia have abolished the death penalty.
In six additional states, while no formal hold is in place, no execution has been conducted in at least five years. The U.S. military and federal government also authorize the death penalty, but neither has had an execution in over ten years.
Our nation has struggled with the question of the appropriateness of capital punishment as a criminal sanction for decades. According to the Death Penalty Information enter, there are thirty-four (34) states with the death penalty and sixteen (16) without this criminal sanction. Opponents to capital punishment assert that the criminal justice system is riddled with injustice and error under these conditions the death penalty must be halted. Some argue that there is a wealth of evidence that proves the ineffectiveness of the death penalty in achieving its states goals.
According to recent opinion polls[i], the majority of American voters (61%) prefer other criminal sanctions for murder convictions as opposed to the death penalty and some in law enforcement question its effectiveness. A 2009 poll commissioned by the Death Penalty Information Center (DPIC) found police chiefs ranked the death penalty last among the strategies employed to reduce violent crimes[ii] and viewed it as the least efficient use of taxpayers’ money.[iii]
Opponents of the death penalty, both in the United States and around the world, assert that not only is it costly, it is also immoral, ineffective, and discriminatory. They assert that the death penalty is often used disproportionately against the poor and people of color. Human beings and systems created by humans are fallible. With that said, the risk of executing innocent persons can never be completely eliminated from the criminal justice system as evidence by the annual number of death row inmate exonerations.
How many death row inmates have been exonerated on average per year? “From 1973-1999, there was an average of 3.1 death row inmate exonerations per year. This has caused many in the legal community to assert that our criminal justice system is riddled with errors.” [iv] Annually, the number of death prisoner exonerations has increased. [v] On average, there has been an average of five (5) exonerations per year from 2000-2007.[vi]
We are reminded about the high costs associated with putting a person on death row by many members of the legal community as well as death row opponents. The costs associated with death penalty cases include but are not limited to: criminal investigation related costs; lengthy trials and appeals; and most importantly, the possible execution of an innocent person. These factors have led many states to reconsider the validity of capital punishment.
In 2009, New Mexico abolished the death penalty.[vii] This year, Illinois’ governor signed a death penalty ban into law in March.[viii] Illinois is the sixteenth state to abolish the death penalty.[ix] In addition to ending capital punishment, Illinois’ governor also commuted the sentences of the fifteen (15) inmates on death row in that state[x]. Instead of death sentences, the inmates will serve life in prison without the possibility of parole.[xi] Illinois’ ban on executions will take effect on July 1, 2011.[xii]
According to the Bureau of Prisons, there are fifty-seven (57) people on death role in the federal penal system[xiii]. There are thousands more on death row in state prisons across the country[xiv]. Eighty percent of all executions occur in the southern portion of the United States[xv]. One of the most highly discussed death penalty cases in recent history is that of Troy Anthony Davis[xvi] in Savannah, Georgia. For more than a decade, this capital punishment case has captured the attention of countless people not only in the United States (e.g. President Carter, former Congressman Bob Barr) but also people all around the world (e.g. The Pope and Nobel Prize winner cleric Desmund Tutu).
For persons opposed to capital punishment or those seeking a moratorium, the Davis case undergirds their assertion that wrongful convictions occur and the death penalty must be halted at a minimum until the errors which occur in the criminal justice system have been remedied. Opponents to the death penalty assert that not only do wrongful convictions occur in this country but also innocent people have been sentenced to die[xvii] and some have been executed. With that said, should the death penalty be abolished nationwide?
The number of death row prisoner exonerations which occur on an annual basis as well as high profile death penalty cases such as Troy Davis where there is no physical evidence linking him to the crime serve to remind us that serious questions still persist about the legitimacy of the death penalty as a criminal sanction. The topic of capital punishment often generates lively discussions about the appropriateness of government sanctioned taking of human lives. It is my hope that this series will generate thoughtful conversations about the death penalty. Toward that goal, I will examine the often controversial topic of the death penalty in the next three (3) blog posts. Specifically, I will examine: (1) a case where the defendant was found guilty of murder and he was not sentenced to death; (2) whether or not capital punishment accomplishes its stated goals; and (3) public opinions on the death penalty.
For further information concerning this pressing topic, an important resource is the Death Penalty Information Center’s website. If you are interested in working to abolish the death penalty, many resources can be found on the Amnesty International website including: petitions, fact sheets, organizing materials, as well as helpful suggestions on how to get involved and take action to end the death penalty.
Sources: The Council of the American Law Institute (ALI); Death Penalty Information Center; Politico (March 9, 2011); Philadelphia Inquirer Editorial, “Juries Know Better”, May 20, 2011; Amnesty International; NAACP; savannahnow.com/…/pope-makes-plea-spare-life-troy-davis; and the Innocence Project. Photo credit: Microsoft Clip Art.
[i] A 2010 poll by Lake Research Partners and 2009 poll commissioned by DPIC.
[ii] Death Penalty Information Center Website
[iii] Ibid.
[iv] As indicated on the Death Penalty Information Center website, according to the Staff Report, House Judiciary Subcommittee on Civil Constitutional Rights, printed in October 1993, with updates from DPIC, since 1973, over 130 people have been released from death row with evidence of their innocence. From 1973-1999, there was an average 3.1 exonerations per year. From 2000-2007, there has been an average of 5 exonerations per year.
[v] Ibid.
[vi] Ibid.
[vii] Death Penalty Information Center Website
[viii] Politico, March 9, 2011.
[ix] Ibid.
[x] Ibid.
[xi] Ibid.
[xii] Ibid.
[xiii] Bureau of Prisons’ website.
[xiv] According to the Death Penalty Information Center, as of January 1, 2010, there were 3,621 persons on death row in the United States.
[xv] Amnesty International
[xvi] Ibid. “Troy Davis was convicted of murdering a Georgia police officer in 1991. Nearly two decades later, Davis remains on death row — even though the case against him has fallen apart. On March 28, 2011, the U.S. Supreme Court declined to hear Troy Davis’ appeals and set the stage for him to possibly face a fourth execution date. The case against him consisted entirely of witness testimony which contained inconsistencies even at the time of the trial. Since then, all but two of the state’s non-police witnesses from the trial have recanted or contradicted their testimony.
Many of these witnesses have stated in sworn affidavits that they were pressured or coerced by police into testifying or signing statements against Troy Davis. One of the two witnesses who has not recanted his testimony is Sylvester “Red” Coles — the principle alternative suspect, according to the defense, against whom there is new evidence implicating him as the gunman. Nine individuals have signed affidavits implicating Sylvester Coles.”—Amnesty International
[xvii] As indicated on the Death Penalty Information Center website, according to the Staff Report, House Judiciary Subcommittee on Civil Constitutional Rights, printed in October 1993, with updates from DPIC, since 1973, over 130 people have been released from death row with evidence of their innocence. From 1973-1999, there was an average 3.1 exonerations per year. From 2000-2007, there has been an average of 5 exonerations per year.
Death Penalty: Cruel and Unusual Punishment?
For many death penalty opponents, the recently botched executions that have made the national headlines serve to highlight the fact that the death penalty is in fact cruel and usual punishment and therefore unconstitutional. The state of Arizona’s execution of Joseph Wood III on July 23 took nearly two hours, with witnesses reporting that Wood gasped and snorted over six hundred (600) times during the procedure. Mr. Wood was executed using midazolam and hyrdromorphone, the same drug protocol used in January’s botched execution of Dennis McGuire.
The U.S. Court of Appeals for the 9th Circuit had stayed Joseph Wood’s execution and ordered the state to release information about the source of the lethal injection drugs and the training of those who would carry out the execution, but the stay was lifted by the U.S. Supreme Court on July 22, allowing the state to maintain secrecy.
Attorneys for Joseph Wood tried to file an emergency request to halt the execution because Joseph Wood was still awake an hour into the procedure. Dale Baich, one of Wood’s attorneys, said, “I’ve witnessed a number of executions before and I’ve never seen anything like this. Nor has an execution that I observed taken this long.”
Arizona Governor Jan Brewer ordered a review of the execution, saying she was “concerned by the length of time” that it took. The director of the Department of Corrections said they will conduct a full review and are waiting on results of a toxicology study and autopsy.
Our nation has struggled with the question of the appropriateness of capital punishment as a criminal sanction for decades. According to the Death Penalty Information enter, there are thirty-four (34) states with the death penalty and sixteen (16) without this criminal sanction. Opponents to capital punishment assert that the criminal justice system is riddled with injustice and error under these conditions the death penalty must be halted. Some argue that there is a wealth of evidence that proves the ineffectiveness of the death penalty in achieving its states goals.
According to recent opinion polls[i], the majority of American voters (61%) prefer other criminal sanctions for murder convictions as opposed to the death penalty and some in law enforcement question its effectiveness. A 2009 poll commissioned by the Death Penalty Information Center (DPIC) found police chiefs ranked the death penalty last among the strategies employed to reduce violent crimes[ii] and viewed it as the least efficient use of taxpayers’ money.[iii]
Opponents of the death penalty, both in the United States and around the world, assert that not only is it costly, it is also immoral, ineffective, and discriminatory. They assert that the death penalty is often used disproportionately against the poor and people of color. Human beings and systems created by humans are fallible. With that said, the risk of executing innocent persons can never be completely eliminated from the criminal justice system as evidence by the annual number of death row inmate exonerations.
How many death row inmates have been exonerated on average per year? “From 1973-1999, there was an average of 3.1 death row inmate exonerations per year. This has caused many in the legal community to assert that our criminal justice system is riddled with errors.” [iv] Annually, the number of death prisoner exonerations has increased. [v] On average, there has been an average of five (5) exonerations per year from 2000-2007.[vi]
We are reminded about the high costs associated with putting a person on death row by many members of the legal community as well as death row opponents. The costs associated with death penalty cases include but are not limited to: criminal investigation related costs; lengthy trials and appeals; and most importantly, the possible execution of an innocent person. These factors have led many states to reconsider the validity of capital punishment.
In 2009, New Mexico abolished the death penalty.[vii] This year, Illinois’ governor signed a death penalty ban into law in March.[viii] Illinois is the sixteenth state to abolish the death penalty.[ix] In addition to ending capital punishment, Illinois’ governor also commuted the sentences of the fifteen (15) inmates on death row in that state[x]. Instead of death sentences, the inmates will serve life in prison without the possibility of parole.[xi] Illinois’ ban on executions took effect on July 1, 2011.[xii]
According to the Bureau of Prisons, there are fifty-seven (57) people on death role in the federal penal system[xiii]. There are thousands more on death row in state prisons across the country[xiv]. Eighty percent of all executions occur in the southern portion of the United States[xv]. One of the most highly discussed death penalty cases in recent history is that of Troy Anthony Davis[xvi] in Savannah, Georgia. For more than a decade, this capital punishment case captured the attention of countless people not only in the United States (e.g. President Carter, former Congressman Bob Barr) but also people all around the world (e.g. The Pope and Nobel Prize winner cleric Desmund Tutu).
For persons opposed to capital punishment or those seeking a moratorium, the Davis case undergirds their assertion that wrongful convictions occur and the death penalty must be halted at a minimum until the errors which occur in the criminal justice system have been remedied. Opponents to the death penalty assert that not only do wrongful convictions occur in this country but also innocent people have been sentenced to die[xvii] and some have been executed. With that said, should the death penalty be abolished nationwide?
The number of death row prisoner exonerations which occur on an annual basis as well as high profile death penalty cases such as Troy Davis where there is no physical evidence linking him to the crime serve to remind us that serious questions still persist about the legitimacy of the death penalty as a criminal sanction. The topic of capital punishment often generates lively discussions about the appropriateness of government sanctioned taking of human lives. It is my hope that this series will generate thoughtful conversations about the death penalty. Toward that goal, I will examine the often controversial topic of the death penalty in the next three (3) blog posts. Specifically, I will examine: (1) a case where the defendant was found guilty of murder and he was not sentenced to death; (2) whether or not capital punishment accomplishes its stated goals; and (3) public opinions on the death penalty.
For further information concerning this pressing topic, an important resource is the Death Penalty Information Center’s website. If you are interested in working to abolish the death penalty, many resources can be found on the Amnesty International website including: petitions, fact sheets, organizing materials, as well as helpful suggestions on how to get involved and take action to end the death penalty.
Sources: The Council of the American Law Institute (ALI); Death Penalty Information Center; Politico (March 9, 2011); Philadelphia Inquirer Editorial, “Juries Know Better”, May 20, 2011; Amnesty International; NAACP; savannahnow.com/…/pope-makes-plea-spare-life-troy-davis; and the Innocence Project. Photo credit: Microsoft Clip Art.
[i] A 2010 poll by Lake Research Partners and 2009 poll commissioned by DPIC.
[ii] Death Penalty Information Center Website
[iii] Ibid.
[iv] As indicated on the Death Penalty Information Center website, according to the Staff Report, House Judiciary Subcommittee on Civil Constitutional Rights, printed in October 1993, with updates from DPIC, since 1973, over 130 people have been released from death row with evidence of their innocence. From 1973-1999, there was an average 3.1 exonerations per year. From 2000-2007, there has been an average of 5 exonerations per year.
[v] Ibid.
[vi] Ibid.
[vii] Death Penalty Information Center Website
[viii] Politico, March 9, 2011.
[ix] Ibid.
[x] Ibid.
[xi] Ibid.
[xii] Ibid.
[xiii] Bureau of Prisons’ website.
[xiv] According to the Death Penalty Information Center, as of January 1, 2010, there were 3,621 persons on death row in the United States.
[xv] Amnesty International
[xvi] Ibid. “Troy Davis was convicted of murdering a Georgia police officer in 1991. Nearly two decades later, Davis remains on death row — even though the case against him has fallen apart. On March 28, 2011, the U.S. Supreme Court declined to hear Troy Davis’ appeals and set the stage for him to possibly face a fourth execution date. The case against him consisted entirely of witness testimony which contained inconsistencies even at the time of the trial. Since then, all but two of the state’s non-police witnesses from the trial have recanted or contradicted their testimony.
Many of these witnesses have stated in sworn affidavits that they were pressured or coerced by police into testifying or signing statements against Troy Davis. One of the two witnesses who has not recanted his testimony is Sylvester “Red” Coles — the principle alternative suspect, according to the defense, against whom there is new evidence implicating him as the gunman. Nine individuals have signed affidavits implicating Sylvester Coles.”—Amnesty International
[xvii] As indicated on the Death Penalty Information Center website, according to the Staff Report, House Judiciary Subcommittee on Civil Constitutional Rights, printed in October 1993, with updates from DPIC, since 1973, over 130 people have been released from death row with evidence of their innocence. From 1973-1999, there was an average 3.1 exonerations per year. From 2000-2007, there has been an average of 5 exonerations per year.
Additional Sources: Death Penalty Information Center
Photos: Microsoft Clip Art
I am Troy Davis
Saturday, September 21, 2013, marked the secondary anniversary of the execution of Troy Davis by the state of Georgia. Millions of people around the world will always remember Troy Davis, his sister Martina Correia , and the incredible fight to save his life. The struggle for justice for Troy Davis and for all person wrongfully incarcerated persons housed in prisons throughout this country continues. As a result, more states have repealed the death penalty.
When he was facing execution in 2008, Troy wrote in a letter”….no matter what happens in the days, weeks to come, this Movement to end the death penalty, to seek true justice, to expose a system that fails to protect the innocent must be accelerated.
“There are so many more Troy Davis across our nation. This fight to end the death penalty is not won or lost through me but through our strength to move forward and save every innocent person in captivity around the globe.”
The newly released book, I am Troy Davis, co-authored by Troy Davis, Martina Correia, and Jen Marlowe is available at Haymarket Books. Recently, Democracy Now! aired a segment about Troy Davis, the fight to save his life, and the newly released book about him and his family. You can watch their coverage here:
http://www.democracynow.org/2012/9/21/remembering_troy_davis_questions_remain_over
http://www.democracynow.org/2013/9/20/i_am_troy_davis_supporters_family.
Source(s): Amnesty, NAACP
Photo Credit: Microsoft Clip Art
Connecticut Abolished the Death Penalty
On Wednesday, April 25th, 2012, the state of Connecticut became the seventeenth state to abolish the death penalty in the past six years. When Connecticut Governor Dannel Malloy signed the bill into law last April, the Governor made his state the 17th in the nation to abandon capital punishment and the fifth in five years to usher in a repeal. The law was effective immediately, though prospective in nature, meaning that it would not apply to those already sentenced to death. It replaced the death penalty with life in prison without the possibility of release as the state’s highest form of punishment.
“Although it is an historic moment — Connecticut joins 16 other states and the rest of the industrialized world by taking this action — it is a moment for sober reflection, not celebration,” Malloy said in a statement. He added that the “unworkability” of Connecticut’s death penalty law was a contributing factor in his decision.
Activists know that human rights victories only come after years of hard work. Yesterday a simple stroke of the Governor Dannel Malloy’s pen sealed the deal to end the death penalty in Connecticut, but that state’s remarkable achievement for human rights was decades in the making. In the last six years, Maryland, New Jersey, New Mexico, New York, and Illinois have repealed the death penalty. State by state, the battle against capital punishment marches on in our nation.
The American criminal justice system is based on guilt beyond a reasonable doubt. It’s the foundation of our justice system, built to serve and protect the wrongly accused. But in the case of countless death penalty cases such as Troy Davis, it’s a principle that was defied, ignored, and trampled on. As Troy Davis wrote in a letter when he was facing execution in 2008 :” … no matter what happens in the days, weeks to come, this Movement to end the death penalty, to seek true justice, to expose a system that fails to protect the innocent must be accelerated. There are so many more Troy Davis across our nation. This fight to end the death penalty is not won or lost through me but through our strength to move forward and save every innocent person in captivity around the globe.”
With the recent decisions to abolish the death penalty in Maryland and Connecticut, we have moved several steps closer to dismantling our unjust criminal justice system city by city, state by state and country by country. Amnesty International and the National Association for the Advancement of Colored People (NAACP) have been seeking to do just that for decades. Specifically, these organizations have been quite successful in raising awareness about the problems with criminal justice system and the need to end the death penalty. Next stop for the abolition of the death penalty nationwide is Delaware. The struggle continues. But with each victory, we, as a nation, come closer to a world where human rights are respected, and executions are a thing of the past.
For further information on how you can get involved in efforts to end the penalty nationwide, please visit the websites for Amnesty International and the National Association for the Advancement of Colored People (NAACP), Equal Justice USA, and the Campaign to End the Death Penalty.
Sources: Amnesty International, the National Association for the Advancement of Colored People (NAACP), Connecticut State Death Penalty Abolition, CNN, http://www.cnn.com/2012/04/25/justice/connecticut-death-penalty-law-repealed/index.html. Equal Justice USA. The Campaign to End the Death Penalty.
Photo credit: Microsoft Clip Art
Maryland Repeals Death Penalty
This month, Maryland became the sixth state in six years to repeal the death penalty. With that said, the total number of states that have abolished capital punishment is now eighteen (18). For years, Maryland’s Governor, Martin O’Malley has championed the repeal of death penalty in his state. After signing the bill into law, Governor O’Malley said that the risk of executing an innocent person weighed heavily in his dedication to ending capital punishment in Maryland. The success of the repeal effort in Maryland has given momentum to repeal efforts in Delaware where an abolition bill was passed by the state Senate this week. The next step in Delaware is for the legislation to go before the House. The Delaware Governor, Jack Markell, has refused to say whether he favors the legislation.
The US criminal justice system is based on guilt beyond a reasonable doubt. It’s the foundation of our justice system, built to serve and protect the wrongly accused. But in the case of Troy Davis and countless others on death row, it’s a principle that was defied, ignored, and trampled on. As Troy Davis wrote in a letter when he was facing execution in 2008 :” … no matter what happens in the days, weeks to come, this Movement to end the death penalty, to seek true justice, to expose a system that fails to protect the innocent must be accelerated. There are so many more Troy Davis’. This fight to end the death penalty is not won or lost through me but through our strength to move forward and save every innocent person in captivity around the globe.
With the recent decision to abolish the death penalty in Maryland, we have moved one step closer to dismantling our unjust criminal justice system city by city, state by state and country by country. Amnesty International and the National Association for the Advancement of Colored People (NAACP) have been seeking to do just that for decades. Specifically, these organizations have been quite successful in raising awareness about the problems with criminal justice system and the need to end the death penalty. The number of persons supporting their work is growing as demonstrated in the case of Troy Davis. Their petition seeking clemency in the Troy Davis case was signed by almost one million persons. NAACP and Amnesty International have experienced steady progress in this important undertaking to end the death penalty. However, the Troy Davis case reminds us that more work needs to be done to end the death penalty across our nation.
The collective work done on Troy Davis’ case resounded with people all over the world. Next stop for the abolition of the death penalty nationwide is California, a state poised to make history this fall by ending its death penalty through a referendum. The struggle continues. But with each victory, we, as a nation, come closer to a world where human rights are respected, and executions are a thing of the past.
For further information on how you can get involved in efforts to end the penalty nationwide, please visit the websites for Amnesty International and the National Association for the Advancement of Colored People (NAACP), Equal Justice USA, and the Campaign to End the Death Penalty.
Sources: Delaware Senate approves repeal of death penalty, POLITICO, March 26, 2013, Associated Press. Amnesty International, the National Association for the Advancement of Colored People (NAACP), Innocence Project. The Campaign to End the Death Penalty.
Photo credit: Microsoft Clip Art
Former Deathrow Inmate Troy Anthony Davis’ Execution Sparked Recommitment by Advocates to Abolishing the Death Penalty
In September of 2011, the state of Georgia executed Troy Davis, after valiant efforts to stop the execution of Troy Davis for more than two decades, more than one million people from all around the globe were forced to bid him “goodbye”.
After the execution of Troy Davis, Laura Moye at Amnesty International wrote in her action alert sent to members, “…My heart is heavy. I am sad and angry. The state of Georgia has proven what we already know. Governments cannot be trusted with the awful power over life and death… Georgia didn’t just kill Troy Davis; they killed the faith and confidence that many Georgians, Americans, and Troy Davis supporters worldwide used to have in our criminal justice system.”
It has been reported that, Troy Davis stated repeatedly said that his case was about so much more than him. As a result, Troy’s words give those involved in seeking justice in the Davis case fodder to carry on and stay committed to this fight and the larger fight to make sure there will be no more Troy Davis’ in this nation.
Because of Davis case, countless people from both ends of the political spectrum were made aware of the countless flaws in the United States’ criminal justice system. As was stated in the action alert after Davis execution by Georgians For An Alternative to the Death Penalty, “…we need you to stay awake.” After the execution of Troy Davis in September of 2011, opponents of the death penalty recommitted themselves to fight against the relentless killing machine also known as the death penalty.
“As Troy Davis wrote in a letter when he was facing execution in 2008: … no matter what happens in the days, weeks to come, this Movement to end the death penalty, to seek true justice, to expose a system that fails to protect the innocent must be accelerated. There are so many more Troy Davis’. This fight to end the death penalty is not won or lost through me but through our strength to move forward and save every innocent person in captivity around the globe. We need to dismantle this unjust system city by city, state by state and country by country.”
It has been reported that Maryland’s State Senate voted 27-20 to pass legislation to end the death penalty. This is the moment that advocates been waiting for. Senators have spent many hours this week and last discussing things like fairness, the needs of victims’ families, and the risk of executing innocent people.
Today opponents to the death penalty watched the debate from the Maryland Senate chamber with baited breath, along with our friends from Maryland Citizens Against State Executions, the NAACP, MomsRising, Amnesty, the National Coalition to Abolish the Death Penalty, the Catholic Conference, Witness to Innocence, and dozens of other coalition partners and families of murder victims.
If you are seeking a way to turn your disappointment over the outcome in the Troy Davis and countless other death penalty cases, I hope that you will join me and countless others around the globe that support the efforts to free the staggering number of innocent people who are currently incarcerated. With that said, you can donate to the Innocence Project, a nonprofit committed to fight to free the staggering numbers of innocent people who remain incarcerated and/or Amnesty International, Georgians For An Alternative to the Death Penalty.
Sources: Equal Justice USA, Maryland Citizens Against State Executions, the NAACP, MomsRising, Amnesty, the National Coalition to Abolish the Death Penalty, the Catholic Conference, Witness to Innocence, Amnesty International, Georgians For An Alternative to the Death Penalty, Moveon.org, NBC News.
Photo credit: Microsoft Clip Art
Connecticut Abolishes the Death Penalty
On Wednesday, April 25th, 2012, the state of Connecticut abolished the death penalty. Connecticut Gov. Dannel Malloy signed a bill into law Wednesday that abolishes the death penalty, making his state the 17th in the nation to abandon capital punishment and the fifth in five years to usher in a repeal. The law is effective immediately, though prospective in nature, meaning that it would not apply to those already sentenced to death. It replaces the death penalty with life in prison without the possibility of release as the state’s highest form of punishment.
“Although it is an historic moment — Connecticut joins 16 other states and the rest of the industrialized world by taking this action — it is a moment for sober reflection, not celebration,” Malloy said in a statement. He added that the “unworkability” of Connecticut’s death penalty law was a contributing factor in his decision.
Activists know that human rights victories only come after years of hard work. Yesterday a simple stroke of the Governor Dannel Malloy’s pen sealed the deal to end the death penalty in Connecticut, but that state’s remarkable achievement for human rights was decades in the making. In the last five years, New Jersey, New Mexico, New York and Illinois have repealed the death penalty. California voters will decide the issue in November. State by state, the battle against capital punishment marches on in the US.
The US criminal justice system is based on guilt beyond a reasonable doubt. It’s the foundation of our justice system, built to serve and protect the wrongly accused. But in the case of Troy Davis and countless others on death row, it’s a principle that was defied, ignored, and trampled on. As Troy Davis wrote in a letter when he was facing execution in 2008 :” … no matter what happens in the days, weeks to come, this Movement to end the death penalty, to seek true justice, to expose a system that fails to protect the innocent must be accelerated. There are so many more Troy Davis’. This fight to end the death penalty is not won or lost through me but through our strength to move forward and save every innocent person in captivity around the globe.
With the recent decision to abolish the death penalty in Connecticut, we have moved one step closer to dismantling our unjust criminal justice system city by city, state by state and country by country. Amnesty International and the National Association for the Advancement of Colored People (NAACP) have been seeking to do just that for decades. Specifically, these organizations have been quite successful in raising awareness about the problems with criminal justice system and the need to end the death penalty. The number of persons supporting their work is growing as demonstrated in the case of Troy Davis. Their petition seeking clemency in the Troy Davis case was signed by almost one million persons. NAACP and Amnesty International have experienced steady progress in this important undertaking to end the death penalty. However, the Troy Davis case reminds us that more work needs to be done to end the death penalty across our nation.
The collective work done on Troy Davis’ case resounded with people all over the world. Next stop for the abolition of the death penalty nationwide is California, a state poised to make history this fall by ending its death penalty through a referendum. The struggle continues. But with each victory, we, as a nation, come closer to a world where human rights are respected, and executions are a thing of the past.
For further information on how you can get involved in efforts to end the penalty nationwide, please visit the websites for Amnesty International and the National Association for the Advancement of Colored People (NAACP), Equal Justice USA, and the Campaign to End the Death Penalty.
Sources: Amnesty International, the National Association for the Advancement of Colored People (NAACP), Connecticut State Death Penalty Abolition, CNN, http://www.cnn.com/2012/04/25/justice/connecticut-death-penalty-law-repealed/index.html. Equal Justice USA. The Campaign to End the Death Penalty.
Photo credit: Microsoft Clip Art
Too Much Doubt: The Troy Davis Story
For twenty (20) years, Troy Davis sat on death row in Georgia for the murder of police officer, Mark Mac Phail. Amnesty provides a summary of the Troy Davis and it reads as follows: Troy Davis, a black man, was convicted primarily based on eye witness testimony of the murder of a Savannah, Georgia, white police officer, Mark MacPhail, and sentenced to death. Davis was on death row from 1991-2011. Since Troy Davis’ conviction, seven of the nine key eye witnesses against him recanted or changed their testimony. The United States Supreme Court ordered a new trial court hearing which took place in June 2010. At the trial, Davis was required to conclusively prove his innocence. The trial judge ruled that Davis did not meet this “extraordinarily high standard” of proof. The judge went on to criticize the credibility of of the eye testimony used to convict Davis. Davis did NOT have the benefit of scientific or physical evidence. But four (4) witnesses testified that they had lied at trial. A new eyewitness testified that his relative, not Davis, shot and killed Officer Mark Mac Phail. The judge did admit that the case against Davis was NOT “ironclad”.
Despite serious doubts about his guilt, Troy Davis’ execution was held late on the evening of September 21, 2011. The United States criminal justice system is based on guilt beyond a reasonable doubt. It’s the foundation of our justice system, built to serve and protect the wrongly accused. But in the case of Troy Davis, it’s a principle that was defied, ignored, and trampled on. The petition seeking clemency in the Troy Davis case was signed by almost one million persons. Despite cries for clemency from persons around the world, the Georgia Board of Paroles denied Troy Davis’ request for clemency in his death row case. The Georgia State Board of Pardons and Paroles, designed specifically to ensure that executions never happen amidst so much doubt, allowed it to happen anyway. Additionally, Chatham County District Attorney Larry Chisolm refused to ask the judge to withdraw Troy’s death warrant. Despite serious doubts about his guilt, Troy Davis’ execution was held on September 21, 2011. Many Davis supporters around the world assert that there was simply too much doubt for his execution.
As Troy Davis wrote in a letter when he was facing execution in 2008 :” … no matter what happens in the days, weeks to come, this Movement to end the death penalty, to seek true justice, to expose a system that fails to protect the innocent must be accelerated. There are so many more Troy Davis’ [across the nation on death row]. This fight to end the death penalty is not won or lost through me but through our strength to move forward and save every innocent person in captivity around the globe. We need to dismantle this unjust system city by city, state by state and country by country.” Amnesty International and the National Association for the Advancement of Colored People (NAACP) have been seeking to do just that. Specifically, these organizations have been quite successful in raising awareness about the problems with criminal justice system and the need to end the death penalty. The number of persons supporting their work is growing as demonstrated in the case of Troy Davis. As stated previously, the petition seeking clemency in the Troy Davis case was signed by almost one million persons. NAACP and Amnesty International have experienced steady progress in this important undertaking to end the death penalty. However, the Troy Davis case reminds us that more work needs to be done to end the death penalty.
“Justices on the Georgia State Supreme Court and the United States Supreme Court — men and women who know that our justice system is degraded when we allow someone to be executed even when the former warden [Dr. Allen Ault, retired Director of the Georgia Department of Corrections and former Warden of the Georgia Diagnostic and Classification Prison] of the very prison the inmate is in says there is too much doubt to proceed — cleared the way for the execution to be carried out anyway. These failures are the result of a system that gives the power of life and death, God-like powers, to humans who are as prone to error and susceptible to bias as any of us. Human nature won’t change, so the system must. This must never happen again.”
The execution of Troy Davis significantly undermines the credibility of the Georgia system of justice. It moved forward with an execution under a persistent cloud of doubts about guilt. This conduct shows a callous disregard for the very real possibility of putting an innocent person to death, and public faith in Georgia’s commitment to a fair justice system is shattered. Our criminal justice system is flawed as most recently demonstrated in the Troy Davis case. Because of the life or death consequences in states where the death penalty is permissible under the law, the criminal justice system must be flawless or there is a possibility that an innocent person could be executed. When justice is administered by humans, it susceptible to error. Under the afore-referenced circumstances, the death penalty must be eradicated nationwide.
Cerebral Motion Productions is producing a three part series entitled, Corruption: The Politics of Crime. The first in this series is TOO MUCH DOUBT: The Story of Troy A. Davis, which looks into the international campaign to stop his execution. It features Martina Davis Correia, Kim Davis, and other members of the Davis family. It also features Big Boi and prominent leaders in the campaign. The screening will take place on the 7th floor roof top. A Question & Answer session on the “Too Much Doubt” Documentary and the Death Penalty will take place starting at 8:15 PM. The screening of TOO MUCH DOUBT will be held on Wednesday, December 14, 2011 at Tribute Lofts which is located at 480 John Wesley Dobbs in Atlanta, Georgia.
Source(s): Amnesty. Georgians For Alternatives to the Death Penalty. Campaign to End the Death Penalty. NAACP. Photo credit: Microsoft Clip Art.
Mumia Abu Jamal: Day of Action
December 9th, 2011, will mark the 30th year that Mumia Abu Jamal has been behind prison bars on Pennsylvania’s death row. Mumia Abu-Jamal, a former Black Panther, was convicted of and later sentenced to death for fatally shooting and killing white Philadelphia police officer, Daniel Faulkner, thirty (30) years ago on Friday, December 9, 1981. “According to trial testimony, Abu-Jamal witnessed his brother in a scuffle with the young patrolman during an early morning traffic stop and ran toward the scene. When police found Abu-Jamal, he was wounded with bullets and Faulkner, who had been shot several times, was found dead.”
The US Supreme Court recently confirmed that Mumia Abu Jamal’s death sentence was unconstitutional, which will mean that unless the District Attorney calls for a new re-sentencing trial, Mumia Abu Jamal will serve a life sentence without the possibility of parole. This is the first time that the US Supreme Court has acknowledged unfairness in Mumia’s case and the fact that he likely will not face execution. This is a victory. According to supporters, it is a small victory; their goal is to see that Mumia Abu Jamal is freed. Mumia and his supporters are committed to continue to struggle on for: his freedom; the end of the death penalty; an end to mass incarceration in this nation.
Earlier this week, District Attorney Seth Williams said that seeking the death penalty could draw out the case of Abu-Jamal for years, with possible appeals. According to Mumia, [He] spend[s] [his] “…days preparing for life, not preparing for death… They haven’t stopped me from doing what I want every day. I believe in life, I believe in freedom, so my mind is not consumed with death. It’s with love, life and those things. In many ways, on many days, only my body is here, because I am thinking about what’s happening around the world.” Mumia supporters are calling for actions across the country and a march in Philadelphia. They want to mobilize a large showing of support for Mumia with a clear message: FREE MUMIA ABU JAMAL!
The case of Mumia Abu Jamal and countless others across our nation call into question the validity of capital punishment. The United States has struggled with the question of the appropriateness of capital punishment as a criminal sanction for decades. According to the Death Penalty Information Center, there are thirty-four (34) states with the death penalty and sixteen (16) without this criminal sanction. Opponents to capital punishment assert that the criminal justice system is riddled with injustice and error under these conditions the death penalty must be halted. Some argue that there is a wealth of evidence that proves the ineffectiveness of the death penalty in achieving its states goals.
Many people assert that Mumia has been an inspiration to those fighting for justice on a range of issues including but not limited to: those who fought to stop Troy Davis’s execution, those who continue the struggle against unjust wars and American imperialism, those in the Occupy movement fighting against corporate greed, and many more. Some argue that Mumia has educated millions of people about the inner-workings of the injustices in our prison system. Through his writings and radio shows, Mumia has encouraged us all to fight on. As he says, “I have held out hope for the people, because I believe in the people, because the people make change. If the people don’t organize and protest, then no change will happen. It doesn’t matter who is sitting in what office or in what judgeship or whatever. And that’s just a fact. That’s just the truth.”
Mumia supporters prepared a list of ten (10) reasons why we should support Mumia Abu Jamal and they appear on the Campaign to End the Death Penalty’s website. Mumia’s supporters assert that his case highlights the massive flaws of the entire death penalty system–racial bias, police misconduct and brutality, as well as prosecutorial and judicial prejudice.
Here are five (5) actions that you can take to help with the release of Mumia Abu Jamal:
1. Organize an educational event about Mumia’s case. This could be a teach-in at your local Occupy, a meeting at your school or church, a screening of one of the many films about Mumia (In Prison My Whole Life, Mumia: A Case for Reasonable Doubt, Justice on Trial: The Case of Mumia Abu Jamal, etc.). Troy Davis’s case showed the opening for a new generation to get involved with the fight against the death penalty.
2. Hold a petitioning event in your community for Mumia. Take petitions to your local Occupy site, meetings and events, bus stops, busy intersections, campuses, and collect signatures for Mumia.
3. Use social media sites like Twitter and Facebook to share the online petition for Mumia and show support by changing your profile picture.
4. Get Mumia’s voice heard. Mumia himself is his biggest advocate. He is an amazing journalist who has authored six books, written countless articles about a wide range of subjects, and broadcasts a radio show from his prison cell. Spread his voice over social media sites and at teach-ins and meetings.
5. If you are able, head to Philadelphia to be part of the historical actions there, which include Cornell West, Michelle Alexander, Alice Walker, Sandra Jones, and many others.
This year, we have seen the power of ordinary people standing up for justice. Mumia supporters have vowed not to rest until they see the end of the death penalty and Mumia freed. According to recent opinion polls[i], the majority of American voters (61%) prefer other criminal sanctions for murder convictions as opposed to the death penalty and some in law enforcement question its effectiveness. A 2009 poll commissioned by the Death Penalty Information Center (DPIC) found police chiefs ranked the death penalty last among the strategies employed to reduce violent crimes[ii] and viewed it as the least efficient use of taxpayers’ money.[iii] Opponents of the death penalty, both in the United States and around the world, assert that not only is it costly, it is also immoral, ineffective, and discriminatory. They assert that the death penalty is often used disproportionately against the poor and people of color. Human beings and systems created by humans are fallible. With that said, the risk of executing innocent persons can never be completely eliminated from the criminal justice system as evidence by the annual number of death row inmate exonerations.
For persons opposed to capital punishment or those seeking a moratorium, the Davis case undergirds their assertion that wrongful convictions occur and the death penalty must be halted. For further information, an important resource is the Death Penalty Information Center’s website. If you are interested in working to abolish the death penalty, many resources can be found on the Amnesty International website including: petitions, fact sheets, organizing materials, as well as helpful suggestions on how to get involved and take action to end the death penalty.
Sources:Campaign to End the Death Penalty. Wikipedia. The Council of the American Law Institute (ALI); Death Penalty Information Center; Politico (March 9, 2011); Philadelphia Inquirer Editorial, “Juries Know Better”, May 20, 2011; Amnesty International; NAACP; savannahnow.com/…/pope-makes-plea-spare-life-troy-davis; and the Innocence Project. Star Quotes. “Philadelphia DA Drops Death Penalty Against Mumia Abu Jamal”, BET News, Danielle Wright, December 7, 2011.
Photo credit: Microsoft Clip Art.
[i] A 2010 poll by Lake Research Partners and 2009 poll commissioned by DPIC.
[ii] Death Penalty Information Center Website
[iii] Ibid.
Troy Davis’ Sister: Martina Davis Correia Died
It was reported that Martina Davis Correia ( courageous sister of Troy Davis sister), founding member of Georgians For An Alternative to the Death Penalty, died yesterday evening, surrounded by family and friends. For the past ten years, Martina has been fighting breast cancer and had become very ill and weak in the last few months. Despite her ill health, Martina exhibited incredible conviction and determination.
When speaking about her brother Troy’s execution Martina said, “I want people to know that we didn’t fail. As long as we keep hammering away at this thing, as long as we refuse to give up, we haven’t failed. We’ll be doing what Troy would have wanted us to do. Our efforts made an impact and we’ll continue to make an impact.” That is always how she was. She refused to be defeated. She always looked to the positive; she always looked to ways we could mobilize to win.
Thousands of people all over the world were touched and moved to action by her powerful voice and fiery spirit. The courage and might she exhibited in fighting for her brother while battling breast cancer, captures the essence of her incredible strength and passion that will continue to inspire people. I have been consistently moved by her courage and commitment to ensuring justice. I feel very honored and privileged to have fought alongside Martina and Troy’s family for justice and an end to the death penalty.
Photo Credit: Microsoft Clip Art
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