The Death Penalty Is Frightening -- and Not Just on Halloween

Recently it was brought to my attention that some novelty item manufacturers make simulated electric chair executions. Life-like mannequins are strapped into realistic-looking devices which buzz and crackle as the figures convulse or scream with every "jolt." Some models include "smoke" emitting from the figures. A few videotaped examples are on the Internet - just in time for Halloween.

I understand the need to take a joke, but I'm much more scared by the real life capital punishment system, especially its history of mistaken convictions and executions. As of this week, 139 individuals have been exonerated after being sentenced to die - and some came terrifyingly close to execution.

For example, Anthony Porter of Illinois was mistakenly convicted of a double murder in 1983. Two days away from execution, his life was spared only because the court reviewed his mental competency, discovering that Porter's IQ is 51. Porter was released in February 1999 on the State Attorney's motion after another man confessed to the killings on videotape. Northwestern University journalism students investigating the case found that a witness was pressured by police to implicate Porter.

In another close brush with death, Joseph Green Brown of Florida, convicted of first-degree murder in 1974, was 13 hours away from execution. But the 11th Circuit Court of Appeals, in dropping his charges, ruled that the prosecution knowingly allowed the introduction of false testimony at trial. Ronald Floyd, a co-conspirator who claimed he had heard Brown confess to the murder, later retracted his testimony and admitted he had lied.

Cameron Todd Willingham, the focus of NCADP's "Shouting from the Rooftops" campaign, should have been exonerated. In 2004, fire scientist Gerald Hurst reviewed the forensic evidence used to convict Willingham for the supposed arson fire that destroyed Willingham's house and killed his three children 13 years earlier.

Concluding that the evidence was worthless and the fire was accidental, not arson, Dr. Hurst rushed his report to authorities in a failed attempt to prevent Willingham's execution. Willingham was put to death on February 17, 2004, at 6 p.m., only 88 minutes after Texas Governor Rick Perry received the report on whether Willingham should be granted clemency. It isn't known whether Perry read Dr. Hurst's findings.

Five years later, nationally renowned fire-science expert Craig Beyler released a report, commissioned by the State of Texas, that reached the same conclusion. He noted that the "science" used to convict Willingham of murder by arson was more characteristic of "mystics or psychics." But local authorities continue to defend their decision to prosecute and convict Willingham, and Perry stands by the decision to execute him.

Any one of us could be days, hours, minutes, seconds away from wrongful conviction and execution - victims of mistaken identity by an eyewitness, prosecutorial or police misconduct, false testimony or ineffective legal defense.

This is no simulated Halloween horror. Unlike those fake electric-chair novelties, real people get hurt. It's time to abolish the death penalty.

 

Comments

[dudleysharp]

Ms. Rust-Tierney is factually in error on three very important points.

There are no 139 exonerated death row inmates.

The 130 (now 139) death row "innocents" scam
http://homicidesurvivors.com/2009/03/04/fact-checking-issues-on-innocence-and-the-death-penalty.aspx

Neither Hurst nor Beyler found the Willingham fire to be accidental. Both agree that they cannot determine the orign of the fire.

They may not be able to, but others may.

[AttorneyAtLaw]

We enjoy a relatively free state of being in the U.S., having a level of civil liberties retained by the people that is unparalleled. This freedom is not free - we pay the price for it by understanding that there exists a risk that some people will misuse that freedom to the detriment of themselves and others. We must learn to accept that individual people will do bad things and justice against them will not always be served. In Ben Franklin's words (paraphrasing), "those who would trade a little liberty for a little security will lose both and deserve neither." It is better that a thousand unscrupulous people abuse their rights than to deny the rights of one innocent.

While retaining freedom requires us to live with the risk that people will do bad things, we need not accept a risk that government will do bad things. We need not risk the government taking our liberty (the right to live) in exchange for the added security or satisfaction we may or may not derive from putting convicts to death. Our freedom isn't free - we must accept that despite our moral outrage at their acts, if we wish to retain our freedom one price we may need to pay is to not give to the government the authority to put us to death. It is better that a thousand convicts be spared the death penalty than one innocent be denied his life.

[Trophoto]

well said, fanned.

[slowtono]

You read you see and yet don't learn. There are gruesome murders of video and witnessed by many. Pick ax in the chest while sleeping. True! Cool way to wake up. Americas most wanted - shoots the clerk in the arm to get her to hurry up then on the way out shoots her in the chest taking all the $30.00. Man walks into mini mart in Texas opens the door and starts firing, bang bang ba ba bang! When he opened the door he had decided to kill the clerk. Son of Sam? Boston strangler? Sir Hann Sir Hann? They all believed it was OK to kill just not to be killed. Guess Oklahoma was wrong about Tim McVeigh hey? IQ isn't the answer nor is one scientific view such as arson or coward who watches children BURN up in a building. The question is how a dead man is tried, That can become question, but not the death penalty. You believe it's OK to kill people why then shouldn't the same law apply to you. You live by your laws and too you will be judged by that law. OK to steal? OK to take another mans wife? Ok to terrorize people? OK to ridicule and laugh at people? OK to kill? Then to you be the same.

[Counterglow]

And what about all the cases where it was found that the conviction was absolutely without merit? If you want the state murdering innocent people on your behalf, that's fine. I won't have that on my conscience.

Mario Cuomo said it best. When asked if he'd want someone who murdered his child put to death, he responded that he wanted the government to represent what was best in him, not the raging, revengeful creature that a bereaved father might become.

[Emo Zipper]

True but necessary. There should be no discussion on this. If one human murders another then justice should fit the crime.....­......Emo Zipper 10.30.09

[MoeB]

Innocent people have been executed and WILL be executed if we continue to have this primitive, barbaric practice of state-sanctioned executions.

But, in order to keep this practice, what people are YOU willing to commit to DEATH (whom've committed no crime) in order to keep this "necessary" punishment?

[slowtono]

you have condemned 1 million babies to death and they are the innocent!

[iblogleft]

This is where I split from the Progressives, I think.

I am for removing the death penalty, but only in cases where there is no video or DNA proof. In clear cases of proven rape or incest or murder, I want a cheap removal from the gene pool. As a matter of fact, if there is a case with irrefutable evidence, and 2 appeals have been allowed and have failed, I think rapists and child molesters as well as murderers should be video taped being tortured to death, and the tapes shown to inmates and college students.

Maybe its just a conservative streak, and maybe we should limit capital punishment for the mentally disabled, but I see no benefit from paying for people to breath air (for the rest of their life) that broke the basic rules of living on this planet.

I am no monster, and yes we need to fix our judicial process, and I would be willing to ban capital punishment until we are assured past problems can be mitigated, but when there is simply no doubt, lets not waste any time or treasure.

I have changed my opinions on many topics over the years, but this is not one of them. I am open to discussions on why I am wrong here, I just have not heard a rational debate to change my opinion.

[Trophoto]

Of the many arguments against the death penalty the one to likely coincide with you "conservative streak" is cost. You said that you "see no benefit from paying for people to breath air (for the rest of their life) that broke the basic rules of living on this planet." The fact is that it costs over 3 times as much to carry out a death sentence that life in prison without parole. In Florida, they spend approximately $51 million dollars are year MORE to have the death penalty as opposed to life without parole. In a state that spends per capita the least on education, image how many children could be educated and saved earlier in life so they dont end up in the criminal justice system.

That is just one of the many reasons against the death penalty. I'm happy to have a rational debate with you on this.

Cheers

[texastrixie]

The death penalty is so expensive because we do not get to it fast enough. Once someone is convicted, if there was one appeal on the merits of the case, the judge's possible missteps, etc., and the appeal went all the way to the Supreme Court, then there should be only one appeal left. Like iblogleft, if there is DNA evidence that ties you to the case, end of story - proceed to execution. Otherwise, I would give the convicted one last chance - truth serum, lie dectector, whatever else was currently available to see if the convicted was telling the truth that he/she did not do the crime. Pass that, and life in prison while your legla counsel tries to find new evidence. Fail (admit guilt) and once again, proceed to execution.

You know what I am scared of? Being murdered or raped or robbed by some lowlife and not surviving, or surviving in such a state that I wished I had died. Women in this country live behind locked doors, are told when and where they can go places (and be safe) and how to look/dress/act. We are in prison from the day we are born trying to protect ourselves from the violent and crazies of this society. If we had swift executions of anyone who kills another person, people would think twice about shooting 7-11 clerks, or dragging away some child simply for having the audacity to ride their bike near their own home.

[iblogleft]

I have heard the cost argument, and understand with the current system it is extremely expensive.

I have to believe that those costs are due to massive inefficiencies in our court system, probably due to lawyer fees and court costs. Not to mention our willingness to spend millions to ensure innocent are not put to death.

I would argue that a death penalty would and could only be sought in a case with massive amounts of evidence and not only is there no reasonable doubt, but no doubt at all.

[MoeB]

The fact of the matter is there is NO WAY that we can be 100% sure 100% of the time that we are executing the right individual. At least when you wrongfully imprison someone, they can be released.

And I hate to break this to you, but if you are FOR torturing people to death, and then forcing college kids and inmates to WATCH, I'd say that doesn't make you much better than those who brutally murder other people. Clearly you are okay WATCHING SOMEONE BE TORTURED TO DEATH...an­d if the person being executed has not murdered someone you know or love, then it makes it that much worse.

Revenge is NOT justice...­and the death penalty is not a deterrent (unless you're the one being executed). We should never even CONSIDER capital punishment unless there is just NO other way to remove threats from society...­and there is...PRISO­N.

[iblogleft]

I tend to believe that threat of pain teaches where all else fails. If rapists knew they would die a horrible death if they were caught, we could probably stop many rapes from happening. If someone thought they would be tortured to death for killing someone, they may think about bringing a loaded gun to a crime.

Maybe statistics will prove me wrong, but statistics from this country simply cannot count, as our justice system is far too riddled with holes and delay to ever be a deterrent, no matter what the penalty..
Torture before death is not revenge as you put it, peeling someone skin off gives me no pleasure or feelings of justice, it does however show the reality of societies consequences for actions deemed absolutely unacceptable. It is a lesson better to not have to teach. I can assure you, it would not have to be done often. I can only tell you that in societies with harsh penalties for certain crimes see less of those crimes.

To say I am not much different than them is really stretching it.

I simply believe that violent prisoners would not wish to receive societies punishment for those crimes if the punishment was horrendous pain before death. Somehow I don't see the glory in a violent crime, if being made to cry, beg and plead for the pain to stop is the punishment.

Could we do this under our current rules and process? Nope.

[rafael esparza]

The death penalty is about as close to ritualistic human sacrafice as you can get. The spectacle that is made of watching a man loose his life is insane, they give out tickets to it for pete's sake! It costs the taxpayers millions in appeals, which is much more than would be spent housing a prisoner for life. I say get rid of the death penalty all together.

[ScottWynn]

Imagine a person who totally supports the death penalty suddenly gets framed then sentenced to death, he'll be so pissed.

[texastrixie]

I think those against the death penalty should be made to listen to the tapes of people being tortured by their killers. Their shrieks of agony might remind them that killers are not killing rutabagas - they are killing people.

[MoeB]

Why would you WANT to listen to that? I already know that killing, torturing, raping, etc. other people is wrong and should be punished. I'm just not convinced that we NEED to have a barbaric primitive system that states that under certain circumstances, it's okay for our government to execute its own citizens.

[Trophoto]

we are not executing rutabagas either. We are executing people the same as freedom loving countries like China Iran and Saudi Arabia do. Is that the company we want to keep?

[MoeB]

Right! Or someone they know or love. It's weird how people who support the DP seem to gloss right over the FACT that INNOCENT people have been put to death. If, by their logic, we should kill people who kill innocent people, shouldn't those who administer the DP also be put to death if it's found that the person was innocent? And what does that say about us a "civilized" society that we would continue to support a barbaric method of dealing with our criminals EVEN AFTER we have evidence that we're executing innocent people?!?

[Rmath]

The capacity for humans to act like ghouls never seems to change.

During the French Revolution, vendors at executions sold earrings that were replicas of the guillotine and children's toys that depicted the blade decapitating a doll.

[Son of a Rich]

While pickpockets in England were hanged in public, pickpockets worked the crowd. How's that for deterence?

[bheartlib]

I live in Florida. We have almost as many death-penalties as Texas. Bush??? Anyway...I have always wondered..­just how many innocent people should be sacrificed in order to fulfill the revenge of the families of the murdered victims? Think of it...we are just human. We are fallible. We make mistakes, we do things for the wrong reasons. We are unGodly. Being a not-too-religious person, I may not be saying that correctly. We screw up. We do horrible things to other people for reasons that only we know. We simply are not GOD. We cannot decree a person's death. In my secular opinion, that is very UnGodly.

[texastrixie]

I'm sure the little girl being raped, tortured, and suffocated in your state considers this "just beimg human" on the part of the offender. Why do people who hate the death penalty have no regard for the torment of the victims? Even being put to death in the electric chair can never be as frightening as the pain of the victim - the fear, the physical torture - when the victim has probably done nothing to deserve this.

[MoeB]

Why is that the argument of pro-death penalty people? That somehow, those of us who see value in EVERY life, somehow just don't get how awful rape, murder, and the such are?

The torment of the victim has already happened. Killing the criminal does nothing to erase that. It only adds more death, pain and suffering.

This isn't about justice...­this is about revenge.

[SingingGuy]

Why do people who support the death penalty have so little regard for those who are innocent being put to death wrongfully? They have grieving families, too.

[January]

The argument most commonly offered for the death penalty is that it deters others by its example. That is, if you see that killers get killed, then you will think twice before you kill. In addition to the mounting evidence that those who kill do not stop to think (study after study), we must realize that such a justification excuses human sacrifice.

When the state deliberately and cold-bloodedly puts someone in custody to death, that person is being sacrificed. The Old Testament story of Abraham and Isaac teaches that human sacrifice is ungodly. Until we learn that lesson, we suffer the inevitable consequences of believing that it is OK to sacrifice a human being. Our hands then are covered in blood, and we are shamed deeply.

[iblogleft]

I disagree.

I think removing a virus from the bloodstream serves to save the body as a whole. Removing someone from society that fails to meet the most basic rules of society, like murder, rape, or incest is just like removing a tumor from the body. I don't see it as revenge or sacrifice at all.

[Trophoto]

The "removal" of which you speak is easily and more cheaply achieved through a sentence of life without parole. Going the final step for execution does nothing more than offer revenge.

[Collielady]

It's the tough law and order types who are pro death penalty, but this is what should really concern them: For every mistaken conviction, the real perpetrator walks. That's the irony of their rush to punishment, and it always stumps them.

[NICELYDONE]

as a pro life conservative Catholic,,,, the death penalty serves no purpose ..... It will not rehabilitate, it will not bring back, it does little to deter, and costs way too much ,,,,,,,, I do have no problem with hard labor , which seems to be seen as cruel though

[Just2stressed]

I do agree that there are many innocent men and women in prison. However, I strongly believe in the death penalty and believe if someone takes my life or that of someone close to me, then, they should pay with their life.

My view is that nobody should be given the death penalty based on circumstantial evidence. However, if there is CLEAR evidence (as in someone caught on camera or there's no doubt that that person is guilty), then that person should be given the death penalty and there shouldn't be any appeals.

[Netizen]

Thank you for your work, and for the overview. Every human life is sacred, and that is ample reason alone to abolish capital punishment. Beyond its very existence here, the reckless way that state murder is executed [sic] in America is an international disgrace.