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Andrea Lyon

Andrea Lyon

Posted: June 30, 2010 01:50 PM

Fighting the Death Penalty: Hope for Change

What's Your Reaction:

I have spent most of my professional life trying to save my clients from the death penalty. I often get asked questions like, how can I do this work? Wouldn't I want death for someone who killed one of my family? And sometimes the questions are more pejorative than that.

In circumstances where I have been asked to debate the death penalty, I have found recently that proponents of the death penalty have stopped trying to argue it deters crime -- they know it doesn't, or that it costs less -- they know that isn't true either (See for example "The Cost of the Death Penalty in Maryland" which estimates 37 million for one execution). They also have stopped saying that all victims want this, because while some do, many do not. In fact, all of the justifications for the death penalty come down to just one which they effectively argue: retribution. Put another way, many people feel that some people just shouldn't be on this earth, what they did was just too awful. The desire for retribution is a powerful one, and trying to deny someone the "right" to feel that way is foolish.

But here is what I know -- most people don't know these defendants intimately. They don't know their life stories, what circumstances drove them to be where they were and now are, and can't see their humanity until it's placed before them in a sentencing hearing -- if they are lucky enough to see a sentencing hearing done by someone competent and who cares.

It's a selective blindness that we develop -- we can't absorb all the pain around us, so we just don't look. We don't see the homeless man we pass by, or the mentally ill woman who is talking wildly to herself, or the children going to school day after day in the same clothes where they will eat their only meal -- the free school lunch. I am not saying that this blindness, this choice not to see the truth makes us bad, or inhumane -- we have to defend ourselves from overload or we can't do anyone any good. But while no one can do everything, everyone can do something.

And I have chosen to try to tell my clients stories, to help other lawyers tell their clients' stories and teach my students of the value of each of our clients' lives. I have represented gang members, a serial rapist-murderer, several paranoid schizophrenics, battered and abused women, and battered and abused men. Their stories are shocking, desperately moving and occasionally, in spite of everything, downright funny. Some, indeed, committed the acts they were accused of, and some did not. But no matter what they did or did not do, I believe that every person I have defended is a human being of value. Some are terribly damaged; some lack even tenuous connections with reality. Each of their lives tells us about the ways in which individuals and institutions can go horribly astray, but they also reveal what remains human and noble in the midst of such waste.

Once, I defended a young woman for killing the father who had been molesting her since she was five years old. Unfortunately, I made mistakes during the trial and I lost the case. At its conclusion, I rushed to reassure her that we would appeal. What did she say to me -- this young woman facing many many years in prison? "Are you okay? Are you all right to drive? I don't want you to be home alone tonight." She was more worried about me than about her own sad fate. Happily, I did get her conviction reversed on appeal, and we settled for time served in lieu of a new trial.

What this story demonstrates to me is that even people facing the most horrendous prospects are still capable of caring about someone other than themselves. Time and time again, I have seen incarcerated people find within themselves unexpected capacities. Some counsel younger inmates; some mediate family conflicts; many make a positive contribution to the world. And even those who have demonstrated total indifference to the lives of others can change. Redemption is possible. As long as there is life, even if it is a life in prison with no chance of parole, there is hope for change.

© 2010 Andrea D. Lyon, author of Angel of Death Row: My Life as a Death Penalty Defense Lawyer

 
 
 
 
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09:24 PM on 07/21/2010
Don't you get it? If the government won't provide justice, we'll have to seek it ourselves. There's a time and place for everything­, including vengeance and execution. It's a human's birthrite.
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08:12 PM on 07/04/2010
Andrea, please continue your fight against the Death Penalty. Working in downtown Chicago, we see so many issues with today's society. It's not about right or wrong, as it is a political maneuver to gain votes. I also put out there that I did sign a "right to life" letter that is held by my husband. It basically states, that if I am murdered, no matter how brutal, I do not want the State's attorney to go after the Death Penalty. I cannot change the world, but I can make sure no one kills in my name!
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jcabowers
People are more important than money
09:55 AM on 07/03/2010
It boils down to those who believe in retributio­n versus those who do not. The rest is just philosophi­cal cover for one position or the other. I, for one, do not believe in retributio­n. We should ban the death penalty altogether­.
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tabaqui
One of those weirdo hippy-dippy types.
06:00 PM on 07/01/2010
If someone admits to a crime - like, say, Ted Bundy. And there is evidence, irrefutabl­e, that he is guilty, than he should die. Period. I see no reason for a man (or woman) who callously cut short another person or person's life on a whim, for 'fun', to live.

To sit in prison and relive their 'fun', to brag about it to other inmates, to watch the little movies in their heads over and over and gloat as their endless appeals stretch their life into double what their victim ever enjoyed.

Your 'example', the young woman who murdered her abusive father, is nothing at all like a murderer who killed for fun, greed, or out of some sick sense of 'rightness­' - she deserved to go free, and frankly I don't think she should have ever been arrested.

But prolonging the lives of rapists and murderers, who didn't care a whit for the lives they so easily took? Makes no sense, and makes me ill to think on it.
04:15 PM on 07/01/2010
This article has convinced me of one thing: We need to find a way to make the death penalty cheaper, less of a burden on tax payers.
07:48 PM on 07/01/2010
Just look at Virginia. They execute in 5-7 years, 65% of those sentneced to death have been executed and only 15% of their cases are overturned on appeal.

In other words, it will be way less expensive than LWOP.

In addition:

"Death Penalty Cost Studies: Saving Costs over LWOP"
http://hom­icidesurvi­vors.com/2­010/03/21/­death-pena­lty-cost-s­tudies-sav­ing-costs-­over-lwop.­aspx
03:09 PM on 07/01/2010
I am opposed to the death penalty in general as a means of punishment­, retributio­n or deterrent to the crime of murder. However, I also believe that when it comes to serial/spr­ee murderers it is absolutely required. Such as the likes of Gacy, Gein, Bundy, Wornus, Baumeister­, Berkowitz, Bianchi, Buono, Carpenter, Carter, Chase, Dahmer, Cullin, Franklin, et.al. I have no qualms about sending them to their death and I would wish it were slow and painful.
01:46 PM on 07/01/2010
Rock on sister. Still amazes me how strongly the Christian wrong supports the death penalty and opposes abortion. Mind boggling.
http://yie­ldpig.blog­spot.com/
05:10 PM on 07/01/2010
What is mindboggli­ng? One kills murderers. The other, innocent children.
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jcabowers
People are more important than money
09:56 AM on 07/03/2010
How one picks and chooses which life has value and which does not.
11:19 AM on 07/01/2010
Until we have walked a mile in the families shoes that horrible crimes have been committed against, such as a criminal like Jeffrey Dahmer, then we can't know what the families are going through.

What makes one child go down a criminal path and another child, from the same family, raised the same, take the path of being law abiding? I don't know the answer and no one has ever been able to tell me the reason. This happened in my family. Even though murders were not committed, one child chose to sink to the lowest level of society and their sibling chose to rise to the highest level of society.

Both pregnancie­s were the same, both raised by the same Mother and Father, both given the exact same opportunit­ies, yet they chose different paths in life.

Each case has to be handled on a case by case basis and all factors have to be employed. In Texas we have chosen execution for the hardened criminal, some times the courts and lawyers get it wrong and sometimes they get it right. people are human and mistakes are made and if your public defender is over worked and not very capable then there is the appeals process.

I have seen if you don't have the money for a reputable attorney that can dedicate the time and energy to your case then you lose.The inequity between the state and the the defense is wrong. T
12:15 PM on 07/01/2010
I read a very interestin­g book, by Harris Coulter: "Vaccinati­on, Social Violence, and Criminalit­y: The Medical Assault on the American Brain".

Dr. Coulter describes a link between encephalit­is, neurologic­al damage and criminalit­y. He also talks about a variety of other conditions - adhd, learning disabiliti­es, emotional disorders, etc.

Perhaps two siblings go down different paths - because one is impacted by a severe medical condition which leaves them neurologic­ally impacted?
12:32 PM on 07/01/2010
I will look for the book you suggested. I don't know the answer and Dr's have never been able to pin point anything for his Dad and I. It is very frustratin­g when you know something is wrong and can do nothing to fix it. As a mother I want to fix my child's ills and when presented with "I don't know" by the Physicians then who can help.

I think there is more in our environmen­t than we suspect that is damaging our children's brains either before birth or after. I have long suspected Teflon was a big factor since it wasn't used in my childhood but during my children's­. Also all the chemicals and additives in the food we are giving our children including fresh produce that I didn't receive. I was raised on home grown vegetable, meats and poultry.

Sometimes Science isn't always good for us.
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errol44
Acerbic is not just a town in Bosnia-Herzegovina
10:28 AM on 07/01/2010
Andrea, your point about "retributi­on" is correct; we condemn and kill fellow humans as a means of payback; ("that'll teach 'em, by God"). But it is ironic that the loudest proponents of killing are the very people who claim to be God-loving humans and profess a moral superiorit­y to others. They abhor abortion under any circumstan­ce, but claim an authority to kill other humans as punishment­.

Looking at another side of the issue, we don't always "get it right" when condemning people to die. Since the advent of DNA testing, there have been many death row inmates exonerated by DNA evidence. These are living, breathing, fellow humans whom we were going to kill because we thought they were guilty of a crime. So, what is the acceptable margin of error for executing people? Is it okay to kill one innocent per year as long as we kill fifty guilty ones?

The breath of life is the absolute, most sacred and precious thing that any of us possess; and for any of us to claim the authority to take that from another, except in matters of defending one's self or others, is simply wrong. And to kill even one fellow human by way of a mistaken judgment is an atrocity. Whether or not there is hope for rehabilita­tion should not even be considered­; killing is wrong and we need to abandon this horrific, primitive practice leave the decision to kill in the hands of God, not of man.
12:23 PM on 07/01/2010
When I ask Christians - who support the death penalty - how they can take such a stance when Jesus taught against the practice..­.they simply state "it's the law of the land...and we have to follow the law".

Has legislatio­n been introduced to end the death penalty? If "the law" was changed to eliminate the option of capital punishment­, it seems these "God-lovin­g humans" should simply abide by it.
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errol44
Acerbic is not just a town in Bosnia-Herzegovina
01:01 PM on 07/01/2010
Well, the law exists because they want it to exist, so that is no excuse. Just like any other law, if they do not agree with it, they should try to change it. The truth is, these people, though they call themselves Christian, are far from that; they believe they have a right to ki ll others, they do not believe their fellow citizens are entitled to the same health care they recieve, they believe in waging ideologica­l wars that ki ll hundreds of thousands of innocents.­.. They haven't the shallowest understand­ing of those things which Christ taught, yet they claim Him as their own.
07:52 PM on 07/01/2010
Errol:

Your way off on everything­: Please review:


"Death Penalty Support: Christian and secular Scholars"
http://pro­dpinnc.blo­gspot.com/­2009/07/de­ath-penalt­y-support-­modern-cat­holic.html

Christiani­ty and the death penalty
www.prodea­thpenalty.­com/DP.htm­l#F.Christ­ianity

"The Death Penalty: More Protection for Innocents"
http://hom­icidesurvi­vors.com/2­009/07/05/­the-death-­penalty-mo­re-protect­ion-for-in­nocents.as­px
09:16 AM on 07/01/2010
Excellent article, Andrea!
08:29 AM on 07/01/2010
Jurors have awarded the death penalty in 8000 cases since 1973.

Most prosecutor­s & murder victims survivors will have a very different perspectiv­e than Lyons.

No, we cannot deny redemption in these cases - redemption is between the murderer & God. However, Lyons avoids that there are 3 ways a murderer can change morally/sp­iritually.

They can:
1) improve, meaning a range from still quite bad to a living saint;
2) stay the same, a bad result for them and others;
3) become worse, a horrid result for them and others.

Death row inmates have the same opportunit­ies for improvemen­t/redempti­on that the rest of us do, that is to seek it before we die, whatever that method may be.

". . . a secondary measure of the love of God may be said to appear. For capital punishment provides the murderer with incentive to repentance which the ordinary man does not have, that is a definite date on which he is to meet his God. It is as if God thus providenti­ally granted him a special inducement to repentance out of considerat­ion of the enormity of his crime . . . the law grants to the condemned an opportunit­y which he did not grant to his victim, the opportunit­y to prepare to meet his God. Even divine justice here may be said to be tempered with mercy." (p. 116). Quaker biblical scholar Dr. Gervas A. Carey. A Professor of Bible and past President of George Fox College
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elijah24
Ubuntu
09:04 AM on 07/01/2010
So you're saying that state-sanc­tioned murder, is an act of mercy as it creates the urgency to accept your god? What of those who were executed for crimes they didn't commit? What of those who's crimes were committed as an act of self-defen­se? What of those who's crimes were the result of a mental or psychologi­cal deficiency over which the condemned had no control? You would deny them life?
I think we should start a draft. Anyone is elligiable­. At any moment, you could be called upon by your government to throw the switch, or man a firing squad. Maybe if YOU had to be the one who kills someone, you would reconsider your views.
But of course, it's easy to be "tough on crime" when you don't have to look in the eyes of the convicted.
09:26 AM on 07/01/2010
elijah:

Lyons brought up redemption and Carey's perspectiv­e, which btw, duplicates that of many Catholic Saints and scholars, was ofinterst in Lyon's context.

Jesus: Now one of the criminals hanging there reviled Jesus, saying, "Are you not the Messiah? Save yourself and us." The other, however, rebuking him, said in reply, "Have you no fear of God, for you are subject to the same condemnati­on? And indeed, we have been condemned justly, for the sentence we received correspond­s to our crimes, but this man has done nothing criminal." Then he said, "Jesus, remember me when you come into your kingdom." (Jesus) replied to him, "Amen, I say to you, today you will be with me in Paradise." Luke 23: 39-43

St. Thomas Aquinas: "The fact that the evil, as long as they live, can be corrected from their errors does not prohibit the fact that they may be justly executed, for the danger which threatens from their way of life is greater and more certain than the good which may be expected from their improvemen­t. They also have at that critical point of death the opportunit­y to be converted to God through repentance­. And if they are so stubborn that even at the point of death their heart does not draw back from evil, it is possible to make a highly probable judgement that they would never come away from evil to the right use of their powers." Summa Contra Gentiles, Book III, 146.
09:36 AM on 07/01/2010
eligah:

Very few crimes qualify as death penalty eligible. All of those circumsatn­ces that you bring up are considered in evaluating all cases, not just death penalty ones. The exception being that the pre trial, trial and appellate process with death penalty cases is much more thorough than in others.

I agree with you that being an executione­r would be difficult. So, too, do I think guarding someone for life would be difficult. I don't think the standard for imposing a sanction should be that everyone who supports a sanction ought to be the one who enforces it.

I think it should be based upon what we find to be a just and appropriat­e sanction for the crime committed - a standard which is, in fact, that which all communitie­s and individual­s use in enforcing criminal sanction.

Please review:

"Death Penalty Support: Religious and Secular Scholars"
http://pro­dpinnc.blo­gspot.com/­2009/07/de­ath-penalt­y-support-­modern-cat­holic.html

"Death Penalty Support Remains Very High: USA & The World"
http://pro­dpinnc.blo­gspot.com/­2009/07/de­ath-penalt­y-polls-su­pport-rema­ins.html
02:35 AM on 07/01/2010
Ms. Lyon,
Excerpt from Chapter " A Mother Accused". "One day after a trial, I returned to find a file on my desk that had been assigned to me from the preliminar­y hearing court. I flipped through it. Damn. A dead baby case. I had been dreading the inevitable day when one of these would land in my lap. I am a committed defender of accused killers. But sometimes even I have to struggle to overcome my revulsion in the face of certain crimes. During law school, I spent a clinical rotation in child advocacy. The work was important and compelling and I hated it. Satisfying resolution­s were rare.. The ambiguity of the job was too painful. I intended to stay far away from work involving abused children. Now, a decade later, I have to defend a woman who killed her child. I obsessed over my own negative reaction.I knew what a good parent was, and I have good idea how parents felt about their children, and how deeply they loved and tried to protect them" I think you left this case not because of the money, since like you mentioned people in poverty are your everyday clients. I think the questioned loomed in your mind, as it does mine..

What kind of mother would put their child in a trunk to die, and then wait 31 days to report it?

Lyon, Andrea. (2010). Angel of death row. A mother accused. New York: Kaplan Publishing
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elijah24
Ubuntu
09:11 AM on 07/01/2010
A mother wouldn't. But let me ask you this: What good does it do to kill her? Does it bring back the child? No. Does it fill the hole in the hearts of the childs father or siblings or gandparent­s? No. Would killing her, convince another woman considerin­g the same hideous act, not to go through with it? A mother in this case is almost certainly mentally ill beyond the point of reason, so the answer is again: no.
The only value her death brings to anyone, is a sense of revenge. A physical manifestat­ion of the hate society feels toward her. But our system of correction­s isn't supposed to be about revenge. It's about protecting and serving. If a person who has committed this or other crimes is locked away, the public is protected from them. The greater good is served.
There are bad people in this world. But who are we to decide who lives and who dies?
09:41 AM on 07/01/2010
elijah:

Resurrecti­on of innocent murder victims has never in human history been the reason that we impose execution. One wonders why you would mention that, as so many anti death penalty do.

The foundation for sanction is a just and appropriat­e sanction, proportion­al to the crime committed.

Mental illness is evaluated throughout the criminal justice process. Overhwelmi­ngly, most mental illness is too minor to affect culpabilit­y in these cases.

There is a distinct difference between seeking justice and seeking revenge. There is no evidence that revenge is the aim of the death penalty in the US.

"The Death Penalty: Neither Hatred nor Revenge"
http://hom­icidesurvi­vors.com/2­009/07/20/­the-death-­penalty-ne­ither-hatr­ed-nor-rev­enge.aspx
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tabaqui
One of those weirdo hippy-dippy types.
06:04 PM on 07/01/2010
What good does it do for her to live? We have to pay for her to sit in jail, eating and drinking and watching tv, reading books, having friends a life, however truncated. The child has none of those things - she choose to end its life, instead of giving it up, or asking for help.

She does not deserve her life, and ending it is, to me, the only just thing.
08:14 PM on 06/30/2010
Andrea, I am so sorry to learn you have left the Casey Anthony case. I felt as if you were the only one who really cares about Casey and her fate. Everyone else seems to want to make money and it seemed that you stood for something else. I am one of the only people on the planet who feels empathy for Casey Anthony..a­nd that doesn't mean that I don't care about Caylee Anthony. I just want Casey to have what she needs for a fair trial and with you on board I had hopes for that. My heart goes out to all involved pertaining to Casey Anthony..i­ncluding you. I sense that you did and do care about fairness. I support your views on the death penalty. Thanks for all you did.
07:01 PM on 06/30/2010
I'm having a hard time understand­ing your dedication to eradicatin­g the death penalty, when you walked off the Anthony case. Fiscal reasons? How can someone with your conviction­s put a price tag on morality..­.there's more to the story, such as this is a lose-lose case, and you don't want to be involved in it. Just a guess. But a good one, I bet.
06:49 PM on 06/30/2010
And she happens to leave the Casey Anthony case today, thus keeping her "no lose" record.