Abolish the death penalty now!
Print Friendly Version| On the Road to Peace by John Dear S.J. | Tuesday, June 17, 2008 |
| Vol. 2, No. 41 |
The death penalty will be abolished. It's just a matter of time now." So said Mike Farrell, star of M*A*S*H and a leading opponent of the death penalty, in a recent visit to Santa Fe. Such words a decade ago might have rung hollow. But now they strike a loud chord. New Jersey's abolishing the death penalty this past January fills the air with hope.
We draw hope, too, from Illinois. A few years ago the governor put a moratorium on executions because he regarded the process of capital punishment as "arbitrary, capricious and therefore immoral." The governor commuted the sentences of the 167 prisoners condemned to die in his state, most to life without parole. My own state, New Mexico, may be next in putting this barbaric injustice behind us.
New Mexico -- a land long ago roamed by fierce conquistadors and in the 1800s full of hangin' trees and frontier justice and today home to the nuclear industry-- last conducted an execution in 2001. It was the first in 41 years. Today two men languish on death row, one at the remote state prison not far from where I live.
The state legislature nearly has the votes to put executions to an end. Death penalty opponents, me among them, have met with Governor Bill Richardson and urged him to sign. But each year he employs a procedural tactic to keep the bill in limbo. Should he leave office early next year to accept a role in the new presidential administration, Lieutenant Governor Diane Denish has promised to affix her name. (see: www.nmrepeal.org)
Only the United States among the Western nations puts criminals to death. More than 40 countries have abolished the practice since 1976. During those same 32 years the United States has executed 1,100. At the moment, there are 3,263 prisoners nationwide waiting to die.
A breeze of hope billowed recently as the Supreme Court "investigated" the humaneness of lethal injection -- this in an air of marked public opinion. According to polls, most Americans support alternatives to the death penalty. Most favor life without parole along with restitution to the victims' families. But the breeze of hope passed; last month executions resumed.
Our national barbarity strikes me most sharply whenever I travel to Europe. There the people I meet loquaciously express dismay at American notions of justice. Especially in Italy. Catholic groups in Italy regularly hold conferences and prayer vigils against our capital punishment. Every time someone is executed, the lights of the Coliseum in Rome are illuminated all night. Here is a symbolic gesture to set us blushing, a censure lighting the dark: namely, American jurisprudence bears resemblance to the savage Roman Caesars'.
With their dour appraisal, I readily subscribe. Capital punishment can claim nothing to commend it. It will not bring healing or justice or restitution. It offers no hope for a nonviolent society. It reinforces the heart-rending cycle of violence; it lays the burden of yet another murder. Execution gives death as social purpose ever greater sway. When a nation decides who lives, who dies, it becomes small potatoes indeed for it to manipulate who enjoys full civil rights, who doesn't, who partakes of the fat of the suburbs, who subsists in the crumbling cities. And of course who goes off to war to fatten the American way of life, and who remains home to pluck the fat fruit and pursue affluent careers.
More, capital punishment is freighted with inconsistencies. Behind it lies an illogical maxim: we kill those who kill to show that killing is wrong. If we really believed that killing was wrong, the state would set an example; official killing would be banished.
Capital punishment is freighted too with the burden of racism Nationally, 50 percent of murder victims are white. But in cases in which the murderer was found and executed, about 80 percent of the murder victims were white. There emerges a chilling picture. The whiter one's victim, the more likely the court will consign the murderer to death row.
Capital punishment takes down the innocent. Since 1973, 123 innocent men and women have been released from death rows across the country. Researchers Radelet and Bedau found 23 cases since 1900 in which innocent people were executed.
Research also indicates that the death penalty fails at deterrence. In fact, states without the death penalty have lower homicide rates than states with the death penalty. And applying principles of accounting raises the specter of cost. A 1993 Duke University study showed that the death penalty in North Carolina costs $2.16 million more per execution than a non-death penalty murder trial. Recently, it was announced that the price of California's brand new death row will double to over $400 million.
The need for revenge and closure, some insist, makes execution necessary. Victims' families will rest easier, they say, when the murderer breathes his last. But such a notion is not widely true. Many families of victims see no use in putting the assailant to death, and many oppose executions publicly.
The group Murder Victims' Families for Reconciliation tours the nation regularly, points out inconsistencies and speaks out against capital punishment. They declare that killing those who killed their loved ones will not end the violence. It will, they say, mitigate violence not a bit. (see: www.mvfr.org)
The media implies, too, a religious justification for the death penalty. But again they're wrong -- a large bloc of religious groups opposes the death penalty. People of Faith Against the Death Penalty is an interfaith organization that seeks the repeal of the death penalty in North Carolina (see: www.pfdp.org). Led by my brother Steve, it is one of many grass-roots organizations that bring together a variety of religious congregations to take a stand for life.
Catholic Social Teaching, in particular, categorically forbids Catholics from supporting the death penalty. "We maintain that abolition of the death penalty would promote values that are important to us as citizens and as Christians," the U.S. bishops' conference has said:
Abolition sends a message that we can break the cycle of violence, that we need not take life for life, that we can envisage more humane and more hopeful and effective responses to the growth of violent crime. Abolition is also a manifestation of our belief in the unique worth and dignity of each person. Abolition is further testimony to our conviction that God is indeed the Lord of life. Abolition is most consonant with the example of Jesus who both taught and practiced the forgiveness of injustice and who came "to give his life as a ransom for many."
It is incumbent, I believe, on anyone who claims to be Christian to regard the last sentence as a kind of fundament, a kind of bottom line.
Jesus opposed all killings. He taught forgiveness, justice and reconciliation. When religious leaders condemned a woman in the court of the Temple (a condemnation according to the Law, no less), a frenzied mob formed, reaching for stones, ravenous for blood. Jesus intervened, the air charged with peril, and dared say to them: "Let the one without sin be the first to throw a stone at her."
The spell broken, they drifted away. We're inclined to say admiringly, Jesus saved her life. But more, with a sentence, he destroyed capital punishment's legitimacy. He struck the stone -- the pyre, the noose, the chair, the firing squad, the death chamber -- from authority's hands.
But authorities, those who deploy death in service to their lofty status, do not abandon their trump card so easily. Jesus sided with the condemned, and in the end was forced to join them. He himself was led off to the via dolorosa of capital punishment. And as for the law, there was nothing irregular in the legality of the proceedings. Not many troubled consciences. An open and shut case.
Officials, says Mike Farrell, carry on capital punishment to obscure the system's corruption. Given an unvarnished look -- at the injustice, the shadiness, the arbitrary sentences, the capricious drug laws, the imposition of unwarranted suffering, the draconian treatment of immigrants, the kept judges and prosecutors and police forces -- the public would blanch and recoil. It keeps a lid on the whole messy business of state punishment.
As Jesus' followers, we should be able to take the unvarnished look. We should be able to regard matters without ambiguity and to declare some patent truisms: God sides with all victims; God does not want us to execute one another; God calls us to be people of nonviolence; God invites us to live and let live.
We, like Jesus, should feel free to side with the condemned, forgive those who hurt us, who injure or kill those we love, and in this way put an end to wheel of violence that keeps going around. And as Catholic Christians we should feel free to stand with the bishops and utter: the death penalty is immoral, evil and sinful.
Mike Farrell says he's optimistic. "I'm optimistic, too," Richard Dieter of the Death Penalty Information Center told me.
It will be abolished within ten years. It's not going to happen with one full swoop from the Supreme Court, or the U.S. president, or the Congress. It's going to be a state-by-state process. People have to be convinced, so it's going to require a lot of grass-roots education, organizing and action. The revelation of the innocence cases and the DNA evidence has opened the door to a new understanding of the death penalty. Plus there are fewer executions and a smaller number of people on death row than in the past, and all of this is happening under a conservative administration. For the first time, the debate has moved. If you combine that with an international movement against the death penalty, it may be well that it's time is coming. There's an inevitably of the stream of human rights which is gathering momentum.
These are the currents we're trying to get moving in New Mexico. We've begun organizing a march, set for Dec. 6, from the Capitol building in Santa Fe to the death-row prison. There we'll hold a prayer vigil to put executions to an end. And before that, some five months prior on Aug. 1, we'll host Sr. Helen Prejean, outspoken critic of the death penalty. She will speak at our annual Hiroshima day disarmament vigil at Los Alamos. (see: www.paxchristinewmexico.org)
Please come if you can. But wherever you are, I ask you to work and pray for an end to state-sanctioned murder.
For information, contact the Death Penalty Information Center, at www.deathpenaltyinfo.org and the National Coalition to Abolish the Death penalty, at www.ncadp.org.
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This week, John will be the keynote speaker at the "Walking the Road to Peace" conference in LaCrosse, Wis. (www.franciscanspiritualitycenter.org).
John's forthcoming autobiography, A Persistent Peace, with a foreword by Martin Sheen, can be ordered now at www.amazoncom. See also: www.persistentpeace.com. From July 7-11, John will be teaching a weeklong class on "Gandhi, King, Merton and Dorothy Day," at Loyola University in Chicago. See www.retreatsintl.org.
To forgive someone means to
To forgive someone means to not demand payment for an injustice or dept owed to you. If you say we should abolish the death penalty for the sake of forgiveness, what you are saying is that the death of the convicted is owed to the victims. Is this what you really want to say?
That being the case, I doubt Jesus intended forgiveness to be mandated by the legislators and courts. To forgive is a decision Jesus encourages you to make when you’ve been wronged, not when someone else has been wronged. If you were to declare a dept owed to someone else as “forgiven�, you aren’t truly forgiving, you are adding to the injustice.
If we were to try to apply Jesus' teaching of forgiveness to the court systems, we shouldn’t be stopping at the death penalty, we should also stop incarceration as well. In fact there would be no reason for courts at all, since there purpose of the court is not to forgive, but for justice.
I don’t think we want to take this to its logical conclusion.
There are better reasons to oppose the death penalty
Capital punishment is
Capital punishment is nothing more than a diversionary tactic, a smoke screen to take the attention off of the real issue that no one wants to or knows how to deal with. It is so much easier to vilify capital punishment than it is to attempt to address the real issue:
--- what do we do with that element of our society that chooses to live
--- a lifestyle of violence and criminal behavior?
Currently 1% of our population is incarcerated. That number is growing. What do we do with them?
If it was your daughter who was raped, tortured, mutilated and dumped naked, half dead in a field, would you side with the person who did it? As you helplessly watched the life drain out of her in the hospital, would you feel compassion for the person who committed the crime? Would you be willing to forgive them and give them another chance so that they could brutalize someone else's daughter?
Is that love? NO, it isnt!
Yes, for me, this is an emotionally charged issue. However, that does not in any way change the validity of the question: What do we do with those people who choose violence against others as their way of life?
"Would you be willing to
"Would you be willing to forgive them and give them another chance so that they could brutalize someone else's daughter?" you ask and then say "Is that love? NO, it isnt!" While this can be an emotionally charged issue, I don't think anyone would expect a family to immediately forgive someone who killed their daughter. But, truly, Jesus taught for us to prepare for this possibility, and we are to love our enemy, which is no easy task, especially with the scenario you mention. Your question assumes that forgiveness means letting people out of jail to assault others. That is not what being against capital punishment is about. It is about not killing other people, no matter what they have done, even to our own child. It is revenge to kill another because someone we love has been killed. It is an act of vengeance and the Lord says "vengeance is mine." The task of justice truly belongs to God and we should be willing to give God the burden of our loss, carry our cross with Christ. Jesus' mother watched her son die on a cross. He was put their by our sins, by the State. Do we want to continue with death as a form of justice? Does it really mean justice to have a death penalty?
What is being found out in recent years is that many people have been locked up for years and they were not the perpetrator of the crime and some of them were on death row. Do we want to assign judgement and death against people who have not committed the crime? No. Is that love? No.
Do we want to PRACTICE OUR FAITH, which from Jesus says we are to love even our enemies? In the choice we make on this issue we proclaim our faith or faithlessness.
What do we do with the 1% of the population who are incarcerated you ask? I am not sure what the percentage of that one percent are in prison for crimes against persons, crimes against property, or for possession or sale of drugs. In Alabama and New York states the statistics are roughly the same percentage wise and one-third are in prison for crimes against person, one-third for crimes against property, one-third for drug related crimes. What do we do with them?
Of the states mentioned above, the age of the average person in prison is still young in twenties and early thirties. These youth were either in gangs, in families that were very broken in one form or another. They choose a lifestyle without realizing the consequences, are in total darkness as to what the scope of choices truly are to lead a happy and productive life. They don't really know how they got where they are or how to get out of the lifestyle they fell into. They are very angry. Anger is something that people can be taught to deal with. But, if we, the Christians who should know better, are acting out in anger and in violent ways in War, the death penalty, a penal system which punishes but does not try to reform these people, or offer them something other than just a jail cell to dwell in and call that "justice," we are nothing but hypocrites and no better than anyone in prison.
I'm convinced that people who commit atrocious crimes against persons are mentally ill. Mentally ill persons need care. Mentally ill persons should not be judged as if they were mentally well. Unfortunately, the trend to kill even the mentally ill and judge them as if they really knew the difference between right and wrong is a severe error in judgement in the world today because it seems more convenient and efficient to just throw people out and discard them than take care of the sick and the lame.
Butterfly, you said "we are
Butterfly, you said "we are nothing but hypocrites and no better than anyone in prison."
I dont agree.
Capital punishment is not an answer. Putting someone in a cage for 50+ years is not an answer. Putting someone in an open prison environment ruled by gang violence is not an answer. Allowing them to roam freely in the general population to prey on others is definitely NOT an answer.
To date, attempts at rehabilitation have been only marginally effective. As far as I know, none of the hundreds of theories advanced by experts in the last 50 years has been more than marginally effective.
I believe that the reason the system is what it is today is simply, that we really dont have any answers for what to do with those who choose a criminal lifestyle, and this is the only option we have that gives those of us in the general population some safety and protection.
COL55, You say that "To
COL55,
You say that "To date, attempts at rehabilitation have been only marginally effective." I would think that is a start, at least, rather than totally giving up on any remedy and saying there is no answer. Frustrating as it is, nothing is impossible with God, and that is where I base my opinion. I recall the story of a blind, deaf and mute little girl who the entire world would have given up on and just institutionalized, but Anne Sullivan had other ideas for the life of Helen Keller.
You are right to say that caging people up is not an answer, but it is a remedial solution for perpetrators who are prone to violence and need to be separated from the general population. There should be a next step, some measure of hope available for us and for the criminal, to try and end the cycle of violence in that person. If traditional methods are not working, if the prison becomes another gang for them to join, then perhaps the prisons are too largely populated and then there should be smaller ones, designed to affect positive change.
On MSNBC they have a program on about prisons in the evening and they've been very informative. They have a good program for juveniles that does seem to be working and keeping these young people from living a lifestyle in and out of jail. They are mentored, have tasks to perform, a merit system, a demerit system if they don't perform well, educational classes, their families are involved and they are coached like on a team to bring them back into the world of the living. The problem seems to be that as soon as one reaches that age of 21 there are no such programs like for the juveniles. The adults are locked up to just do their time and there is no positive intervention. So this is definitely an idea that would be beneficial for everyone to try to begin such programs for the adults as there are for the juveniles because it holds much promise against repeat offenders of less serious offenses.
The prisons are not filled up entirely with violent criminals. More than half are let out each year, which means they were in for a short time, probably in for drug related offenses and not for violence against persons. The juvenile programs would be a good idea for the adults who are in their early twenties and thirties to prevent their committing more crimes and getting involved with gangs. I am not an authority on this issue, but as an observer, it seems a new approach and look into this matter is needed if we are to move forward with any hope.
The death penalty needs to be abolished in this country. One very sick individual in prison for killing his own mother in a fit of rage over something trivial decided that he would commit suicide by killing people in prison in order to receive the death penalty. If the death penalty did not exist, he would not have killed a counselor and a fellow prisoner. That is just one more reason to abolish the death penalty. The man in this case is severely mentally ill. What should we do with these people COL55? Do you have anything to offer that might direct us positively?
Butterfly, you asked "Do you
Butterfly, you asked "Do you have anything to offer that might direct us positively?"
I really wish that I did. I am still struggling with the hurt and anger from my past experience.
To be honest, my knee jerk reaction is to "execute all of them immediately and show them the same mercy they showed their victims - none". And even as I write that I know that is the hurt, anger and hate speaking. I know that is not the way of love.
There are days I long for a magic "something" that would take it all away, but there isnt. I find relief and healing through prayer and Buddhist meditation practices, which I practice daily. Each day I move closer to freedom, closer to forgiveness. I know that some day I will be able to engage in a helpful dialogue, but for now, this is the best I can do.
Thanks for your response
Thanks for your response COL55. One of the things that greatly helped me to forgive others who have gravely wronged me or others was to place the anger I had at the foot of the cross and give it to Jesus. He takes it and gets rid of it. Some things are not humanly or naturally possible for us to do, so this is one way, in a supernatural way, to release ourselves of the anger and resentment that can attach themselves to us and make us ill. See if this helps you. I know it helped me.
The amazing thing that happens when you place your cares and troubles at the foot of the cross is that Jesus answers in such a loving way towards us. He lets us then see the situation in an entirely different light that enables us to forgive. God bless you. I hope you will let me know if this helps.
I don't think that it is
I don't think that it is either an accident or a coincidence that the United States is the only Western nation to maintain the death penalty while simultaneously being the most formally "Christian" of the Western nations. There seems to be an intrinsic connection between formal religiosity and a zeal for cruelty, especially in societies the adhere to one of the Abrahamic faiths, which desperately needs to be examined and explored. Perhaps it has its roots in the bloodthirsty Old Testament or in the even worse Christian doctrine of a God, described as a "loving Father" who roasts for all eternity the vast majority of his human creatures. It certainly has roots in the post-Constantinian identification of the interests of the Church with the interests of the State which characterizes Christian theology from Augustine on down.
What the Church needs are theologians who will examine the Christian kerygma in its pre-Constantian roots with the rigor that Heidegger applied to the Western tradition in philosophy. The Protestant Reformers saw the problem, but they failed and ultimately identified the Christian church with the "Christian" state, whereas the Catholic tradition has always resisted the temptation.
As always, the place to start is the Sermon on the Mount which, in my opinion, is the foundational document of Christianity.









I'm familiar with a drug
I'm familiar with a drug crime that happened not far from me. A trial would have cost the county a quarter of a million dollars [the defendant's father was a known trial lawyer so it would have cost the defendant nothing] The father supposedly went to the prosecutor and said this will cost you a quarter of a million and custody for years let's make a plea.
If the local community had to bear the cost of the trial, the appeals and the execution there would be a lot less executions. If too the prosecutor was not to say the least 'eligible' for higher office things would be different.
The media too are responsible for the revenge and closure aspect of the event. If the actual murder was broadcast and the governor was not hidden by remoteness things might be different. Its almost as if it could be stopped by the remote control in your hand. Maybe public hangings would be easier to stop.
As for alternatives.Life without parole is obvious. For really heinous crimes weekly public lashings might be a deterrent, concurrent with life imprisonment. Retaliatory murder is not the answer to crime but may be the cause of more crime.