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DO NOT PASS GO, GO DIRECTLY TO DEATH ROW.
On Tuesday night, just minutes after networks called North Carolina for Barack Obama, the state of Georgia quietly resumed killing those on death row. The executed was one William Lynd, a 53-year-old convicted of murder. It was the first execution since Baze v. Rees, and one of 50-60 planned before the end of the year. (After a 7-month pause, death rows have a lot of catching-up to do.)
But when it comes to the death penalty, Baze v. Rees' focus--whether a particular cocktail of drugs produces pain severe enough to violate the Eighth Amendment--was patently absurd. The fact remains that so often, as John Holdridge recently told the New York Times, the problem with the death penalty isn't method of execution, but rather "poor people getting lousy lawyers."
Case in point: North Carolina, which in the past six months alone has freed three people from death row, most recently Leaven Jones, who spent 14 years on death row before a federal judge found that his court-appointed attorneys spent "virtually no time or effort" investigating his crime. Or Alabama, where 194 condemned inmates--mostly indigent--are denied state representation for capital post-conviction appeals.
Like any other statistic in the U.S., death penalty sentencing is strongly patterned on race. But the more basic injustice death row inmates face is lack of resources. Last month in Kentucky, for example, where public defenders already represent over 435 cases per year, the state eliminated another $2.5 million in indigent-representation funding.
Last year, the Duke lacrosse players who faced Mike Nifong were lucky enough to have top-caliber representation. After being found innocent, Reade Seligmann put it best when he said, "I can’t imagine what they do to people who do not have the resources to defend themselves.” With 129 death row inmates exonerated since 1973, too often, the death penalty isn't a punishment reserved for the "worst" offenders--just the ones with the worst representation.
--Te-Ping Chen
COMMENTS (10)
That's the wisdom of the South for ya.
Posted by: the mushrooms they are poisonous | May 8, 2008 11:54 AM
You may have pointed out a problem to be fixed, but to simply say "There has been a mistake so we can't do this" is ignorant.
Would you also say, "Well since there have been some underaged girls illegally having abortions, we must stop all abortions"??
Now if you have a fundamental issue with death as a penalty, then just say soi and don't disingenuinely make other fake arguements.
Posted by: El Viajero | May 8, 2008 12:27 PM
"You may have pointed out a problem to be fixed"
How do you "fix" the fact that you killed an innocent man?
Posted by: brewmn | May 8, 2008 2:17 PM
"You may have pointed out a problem to be fixed"
There is no "may" about it. And it's even worse than that, since the problem extends to the entire criminal justice system, not just to death penalty cases.
"but to simply say 'There has been a mistake so we can't do this' is ignorant."
Speaking of ignorant... No, dear, it's necessary. The proper formulation, of course, is: Until the problem has been addressed, you cannot do this." Deal with it.
"Would you also say, 'Well since there have been some underaged girls illegally having abortions, we must stop all abortions'??"
ROFL.... Is this really the best you can do? The analogy is so inapt, it's not even worth addressing. Come back when you've turned your brain on.
Posted by: PaulB | May 8, 2008 3:14 PM
"No, dear, it's necessary."
Why is it someone named "Paul B" writes in the style of my grandmother? Interesting.
Posted by: susquatch | May 8, 2008 3:34 PM
How do you "fix" the fact that you killed an innocent man?
You don't. You "fix" it so it is unlikely to happen again.
How do you give someone their life back after spenind 27 years in jail for a rape that he didn't commit as was the case in Dallas County.
So, we should not sent people to prison for rape, or do we try to fine tune the process?
Posted by: El Viajero | May 8, 2008 3:52 PM
Why is it someone named "Paul B" writes in the style of my grandmother? Interesting.
His real name is "Homer"....Homer Sexual
Posted by: El Viajero | May 8, 2008 3:53 PM
"You 'fix' it so it is unlikely to happen again."
No shit, Sherlock. Since that was precisely the point of the post, I'm not sure what point you think you're making.
Posted by: PaulB | May 8, 2008 8:47 PM
"Why is it someone named 'Paul B' writes in the style of my grandmother?"
There's the obvious point that on an anonymous forum like this, you have no idea who anyone is, so I could well be someone's grandmother, even yours.
In this case, though, I use that style as an expression of contempt for the person I'm responding to. When their arguments are so stupid as to be not worth a serious response, I respond with mockery and condescension. In this case, it's richly deserved.
Posted by: Anonymous | May 8, 2008 8:50 PM
How about just establish a regulation that the prosecution lawyer may never be paid more than the defense lawyer?
It seems to me that it violates the spirit of the Gideon decision for states to spend millions on their DAs and pennies on court appointed defense lawyers.
Posted by: Adam Herman | May 9, 2008 3:13 AM