N.J. Takes High Road by Banning Death Penalty

So seldom do we witness political acts of courage that it becomes easy to miss them. That was nearly the case this week when New Jersey Governor, John Corzine signed a law making New Jersey the first state to abolish the death penalty in more than 40 years.

"There is little collective will or appetite for our community to enforce this law and therefore the law has little deterrence value -- that is if you ever accepted that there was deterrent value," said Corzine, who has long been an opponent to capital punishment.

New Jersey reinstated the death penalty in 1982 -- six years after the U.S. Supreme Court allowed states to resume executions -- but it hasn't executed anyone since 1963. In this context, New Jersey's abolishment of the death penalty is not as newsworthy as, say, Texas, it is courageous nevertheless.

But politics is still politics; and a recent Quinnipiac University poll showed New Jersey voters supported keeping the death penalty by a 53 percent to 39 percent margin. Hence, it was indeed political courage to take such a bold step.

The death penalty is an issue that does not avail itself to compromise, which is the art of politics. Thus, every member of the New Jersey Legislature will more than likely take a hit for his or her vote.

One of those whose voice will be heard in the next election cycle is Marilyn Flax. Flax, whose husband was abducted and murdered in 1989, vowed to work against Corzine and the lawmakers who voted to abolish the death penalty.

"I will make sure my voice is used and they are not re-elected," she said.
John Martini Sr., the man who killed Flax's husband, is among the eight men whose sentences were commuted as a result of the Legislature's actions.

I understand and sympathize with Flax, along with those in similar situations. Having spoken with numerous murder victims' families, I have heard passionate arguments on both sides of this issue. I also recognize, as a pastor, everyone handles grief differently.

But I further recognize there can be no public policy that will bring about nirvana, regardless of the issue. The death penalty, as a public policy, is an issue fueled primarily by emotion and politics.

It is inconceivable and appalling that Alabama won't order a DNA test for convicted murderer, Thomas Arthur. It seems Alabama Governor, Bob Riley, does not believe the results will make a difference in Arthur's case.

At the time of the Arthur's trial, DNA technology was not available. That obviously is no longer the case. The governor may be correct, DNA testing may not change anything in Arthur's case, but what's the harm in going the extra mile?

For all of our technological advances, we remain a society trapped in primeval sensibilities when it comes to the death penalty. Ours is a country that offers less political risk executing the innocent than commuting the sentences of the guilty to life without the possibility of parole.

Whenever I write about the death penalty I frequently receive emails that begin, "Yes, executing the innocent is bad, but..." We can afford to be that cavalier because it is usually the poor, people of color, or the mentally ill that are most likely to be executed.

Of the 17 men and women running for president, only long shots Dennis Kucinich and Ron Paul unequivocally oppose the death penalty. Barack Obama, has perhaps the most morally ambiguous position.

Obama concedes the death penalty "does little to deter crime" but he supports it for cases in which "the community is justified in expressing the full measure of its outrage." In our current political climate, Obama's vague support for capital punishment still trumps opposing it.

Given the polling, a candidate's support for the death penalty is almost risk-free. Jimmy Carter was the last elected president opposing the death penalty. As I stated earlier, seldom do we witness political acts of courage--so it is important we acknowledge the rare sighting in Trenton, New Jersey this week.

Byron Williams is an Oakland pastor and syndicated columnist.
E-mail him at byron@byronspeaks.com or leave a message at 510-208-6417