As we recommit ourselves to advocating for the rights of the unborn, the question will increasingly be raised: What about the death penalty? The argument will be made that if the Church is willing to publicly upbraid Catholic politicians who promote abortion, it should also be prepared to give the same treatment to those who support the death penalty.We need to be ready with some answers.
I have to admit at the outset that I am against the death penalty. As I see it, our legal system is simply not perfect enough to ensure that every person who is sentenced to death is really guilty of the crime he or she is being accused of. The likelihood of an innocent person being put to death - no matter how remote - gives me pause. A life sentence in prison can always be reversed, but a death sentence is permanent.
Furthermore, I think Catholics who do support the death penalty should examine their consciences to ensure that their support is not a result of ignorance, prejudice or vengeance.
That being said, I can't say that I find the death penalty to be a morally equivalent evil to abortion. Nor do I think that there should be an equal urgency to end the practice.
First of all, capital punishment is an extension of a government's responsibility to protect its citizens. It can be argued that capital punishment acts as a deterrent, that is, that people are less likely to commit violent crimes when they know that they may be put to death as a result. Just as the police are authorized to use deadly force to protect citizens and the armed forces to protect the nation, so the legal system may be allowed to use the death penalty to protect the public from criminals.
In the case of abortion, the government fails at its responsibility to protect the innocent. Those who are the most vulnerable, who have no voice, are the very ones who are excluded from protection.
Secondly, people do not find themselves on death row for no reason. Police and prosecutors do not randomly pluck people off the street and sentence them to death. Rather, people receive the death penalty because they chose to commit a crime. Furthermore, even in the face of overwhelming evidence, they are presumed to be innocent and are entitled to be represented by an attorney and to be tried by a jury of their peers. The death penalty is not founded on a presumption that the guilty do not have a fundamental right to life. Rather, the lengthy appeals process afforded to them indicates just the opposite. It can be argued that the judicial system is unfair and can inadvertently prosecute innocent persons (I certainly believe it's a possibility). Nonetheless, it does support the basic right to life of the accused by requiring a high threshold of certainty before leveling a sentence of death.
While the death row inmate gets her day in court, the unborn child has no advocate and no appeals process. Until an attorney is appointed to defend the rights of every unborn child, then I cannot agree that the death penalty is an equal violation of human rights.
Finally, the sheer numbers of abortions as compared to capital deaths is staggering. In 2007 there were 42 inmates put to death in the United States while there were approximately 1,370,000 abortions committed. While only one unjust death of an innocent person is too many, the fact that there are so many abortions each year convinces me that it is a moral issue requiring much more urgency than the death penalty. So many more lives are at stake. At current rates, if it took us ten years to end the death penalty, 420 lives would be lost in the interim. However, if it took us ten years to end abortion, 13,700,000 lives would be lost. If over a million inmates were put to death annually in U.S. prisons, then I might agree that it is a morally equivalent issue. But, given the sheer numbers, it is impossible to argue that the death penalty is as urgent or more urgent than abortion.
In his book, Render Unto Caesar, Archbishop Chaput of Denver argues that abortion is the "foundational" moral issue of our time. It challenges us as a society to decide whether we will be a nation in which the rights of all persons are honored or whether we will be a nation in which the powerful can veto the rights of the weak. The death penalty, pre-emptive war, social justice and other moral issues are certainly compelling. All people should examine their consciences and their attitudes regarding these questions. But, like civil rights in the '60's and slavery in the nineteenth century, abortion is the defining moral question of our time. Because it is premised on the denial of a right to life for a class of people and because of the sheer number of its victims, I cannot foresee any rational argument being made that another moral issue demands equal or greater attention or urgency.
1 comment:
Archbishop Chaput's major death penalty errors
Dudley Sharp, Justice Matters, contact info below
Archbishop Chaput relies on the claims of anti death penalty folks when discussing the secular issues. This is a disservice to his flock, as well as to the truth.
In addition, the fact that innocents are more at risk without the death penalty is just the beginning of Pope John Paul II's death penalty errors within "Evangelium Vitae", which also suffers from biblical, theological and traditional death penalty errors that were the basis for the Catechism amendments.
One good example is Archbishop Chaput's essay
http://www.archden.org/dcr/news.php?e=120&s=2&a=2774
All of the facts he uses are either false or unproven anti death penalty claims.
He must do better. He can start, here.
The Death Penalty in the US: A Review
Dudley Sharp, Justice Matters, contact info below
NOTE: Detailed review of any of the below topics, or others, is available upon request
In this brief format, the reality of the death penalty in the United States, is presented, with the hope that the media, public policy makers and others will make an effort to present a balanced view on this sanction.
Innocence Issues
Death Penalty opponents have proclaimed that 130 inmates have been "released from death row with evidence of their innocence", in the US, since the modern death penalty era began, post Furman v Georgia (1972).
The number is a fraud.
Those opponents have intentionally included both the factually innocent (the "I truly had nothing to do with the murder" cases) and the legally innocent (the "I got off because of legal errors" cases), thereby fraudulently raising the "innocent" numbers. This is easily confirmed by fact checking.
Death penalty opponents claim that 24 such innocence cases are in Florida. The Florida Commission on Capital Cases found that 4 of those 24 MIGHT be innocent -- an 83% error rate in for the claims of death penalty opponents. Other studies show their error rate to be about 70%. The totality of reviews points to an 80% error/fraud rate in these claims, or about 26 cases - a 0.3% actual guilt error rate for the nearly 8000 sentenced to death since 1973.
The actual innocents were all freed.
It is often claimed that 23 innocents have been executed in the US since 1900. Nonsense. Even the authors of that "23 innocents executed" study proclaimed "We agree with our critics, we never proved those (23) executed to be innocent; we never claimed that we had." While no one would claim that an innocent has never been executed, there is no proof of an innocent executed in the US, at least since 1900.
No one disputes that innocents are found guilty, within all countries. However, when scrutinizing death penalty opponents claims, we find that when reviewing the accuracy of verdicts and the post conviction thoroughness of discovering those actually innocent incarcerated, that the US death penalty process may be one of the most accurate criminal justice sanctions in the world.
Under real world scenarios, not executing murderers will always put many more innocents at risk, than will ever be put at risk of execution.
Deterrence Issues
16 recent US studies, inclusive of their defenses, find a deterrent effect of the death penalty.
All the studies which have not found a deterrent effect of the death penalty have refused to say that it does not deter some. The studies finding for deterrence state such. Confusion arises when people think that a simple comparison of murder rates and executions, or the lack thereof, can tell the tale of deterrence. It cannot.
Both high and low murder rates are found within death penalty and non death penalty jurisdictions, be it Singapore, South Africa, Sweden or Japan, or the US states of Michigan and Delaware. Many factors are involved in such evaluations. Reason and common sense tell us that it would be remarkable to find that the most severe criminal sanction -- execution -- deterred none. No one is foolish enough to suggest that the potential for negative consequences does not deter the behavior of some. Therefore, regardless of jurisdiction, having the death penalty will always be an added deterrent to murders, over and above any lesser punishments.
Racial issues
White murderers are twice as likely to be executed in the US as are black murderers and are executed, on average, 12 months more quickly than are black death row inmates.
It is often stated that it is the race of the victim which decides who is prosecuted in death penalty cases. Although blacks and whites make up about an equal number of murder victims, capital cases are 6 times more likely to involve white victim murders than black victim murders. This, so the logic goes, is proof that the US only cares about white victims.
Hardly. Only capital murders, not all murders, are subject to a capital indictment. Generally, a capital murder is limited to murders plus secondary aggravating factors, such as murders involving burglary, carjacking, rape, and additional murders, such as police murders, serial and multiple murders. White victims are, overwhelmingly, the victims under those circumstances, in ratios nearly identical to the cases found on death row.
Any other racial combinations of defendants and/or their victims in death penalty cases, is a reflection of the crimes committed and not any racial bias within the system, as confirmed by studies from the Rand Corporation (1991), Smith College (1994), U of Maryland (2002), New Jersey Supreme Court (2003) and by a view of criminal justice statistics, within a framework of the secondary aggravating factors necessary for capital indictments.
Class issues
No one disputes that wealthier defendants can hire better lawyers and, therefore, should have a legal advantage over their poorer counterparts. The US has executed about 0.15% of all murderers since new death penalty statutes were enacted in 1973. Is there evidence that wealthier capital murderers are less likely to be executed than their poorer ilk, based upon the proportion of capital murders committed by different those different economic groups? Not to my knowledge.
Arbitrary and capricious
About 10% of all murders within the US might qualify for a death penalty eligible trial. That would be about 64,000 murders since 1973. We have sentenced 8000 murderers to death since then, or 13% of those eligible. I doubt that there is any other crime which receives a higher percentage of maximum sentences, when mandatory sentences are not available. Based upon that, as well as pre trial, trial, appellate and clemency/commutation realities, the US death penalty is likely the least arbitrary and capricious criminal sanctions in the US.
Christianity and the death penalty
The two most authoritative New Testament scholars, Saints Augustine and Aquinas, provide substantial biblical and theological support for the death penalty. Even the most well known anti death penalty personality in the US, Sister Helen Prejean, author of Dead Man Walking, states that "It is abundantly clear that the Bible depicts murder as a capital crime for which death is considered the appropriate punishment, and one is hard pressed to find a biblical 'proof text' in either the Hebrew Testament or the New Testament which unequivocally refutes this. Even Jesus' admonition 'Let him without sin cast the first stone,' when He was asked the appropriate punishment for an adulteress (John 8:7) -- the Mosaic Law prescribed death -- should be read in its proper context. This passage is an 'entrapment' story, which sought to show Jesus' wisdom in besting His adversaries. It is not an ethical pronouncement about capital punishment." A thorough review of Pope John Paul II's position, reflects a reasoning that should be recommending more executions.
Cost Issues
All studies finding the death penalty to be more expensive than life without parole exclude important factors, such as (1) geriatric care costs, recently found to be $69,0000/yr/inmate, (2) the death penalty cost benefit of providing for plea bargains to a maximum life sentence, a huge cost savings to the state, (3) the death penalty cost benefit of both enhanced deterrence and enhanced incapacitation, at $5 million per innocent life spared, and, furthermore, (4) many of the alleged cost comparison studies are highly deceptive.
Polling data
76% of Americans find that we should impose the death penalty more or that we impose it about right (Gallup, May 2006 - 51% that we should impose it more, 25% that we impose it about right)
71% find capital punishment morally acceptable - that was the highest percentage answer for all questions (Gallup, April 2006, moral values poll). In May, 2007, the percentage dropped to 66%, still the highest percentage answer, with 27% opposed. (Gallup, 5/29/07)
81% of the American people supported the execution of Timothy McVeigh, with only 16% opposed. "(T)his view appears to be the consensus of all major groups in society, including men, women, whites, nonwhites, "liberals" and "conservatives." (Gallup 5/2/01).
81% of Connecticut citizens supported the execution of serial rapist/murderer Michael Ross (Jan 2005).
While 81% gave specific case support for Timothy McVeigh's execution, Gallup also showed a 65% support AT THE SAME TIME when asked a general "do you support capital punishment for murderers?" question. (Gallup, 6/10/01).
22% of those supporting McVeigh's execution are, generally, against the death penalty (Gallup 5/02/01). That means that about half of those who say they oppose the death penalty, with the general question, actually support the death penalty under specific circumstances, just as it is imposed, judicially.
Further supporting the higher rates for specific cases, is this, from the French daily Le Monde December 2006 (1): Percentage of respondents in favor of executing Saddam Hussein:USA: 82%; Great Britain: 69%; France: 58%; Germany: 53%; Spain: 51%; Italy: 46%
Death penalty support is much deeper and much wider than we are often led to believe, with 50% of those who say they, generally, oppose the death penalty actually supporting it under specific circumstances, resulting in 80% death penalty support in the US, as recently as December 2006.
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Whatever your feelings are toward the death penalty, a fair accounting of how it is applied should be demanded.
copyright 1998-2009 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 see Death Penalty
www.lexingtonprosecutor.com/death_penalty_debate.htm
www.prodeathpenalty.com
http://yesdeathpenalty.googlepages.com/home2 (Sweden)
www.wesleylowe.com/cp.html
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