At the Death House Door is an extraordinary documentary from the makers of "Hoop Dreams." It is the story of Pastor Carroll Pickett, who served 15 years as the death house chaplain to the infamous "Walls" prison unit in Huntsville....
Can Rev. Carroll Pickett be trusted "At the Death House Door"?
Dudley Sharp, Justice Matters, contact info below
Rev. Pickett is on a promotional tour for the anti death penalty film "At the Death House Door". It is partially about the Reverend's experience ministering to 95 death row inmates executed in Texas.
Rev. Pickett's inaccuracies are many and important.
Does Rev. Pickett just make facts up as he goes along, hoping that no one fact checks, or is he just confused or ignorant?
Some of his miscues are common anti death penalty deceptions. The reverend is an anti death penalty activist.
Below are comments or paraphrases of Rev. Pickett, taken from interviews, followed by my Reply:.
1) Pickett: I knew (executed inmate) Carlos (De Luna) didn't do it. It was his big brown eyes, the way he talked, he was the same age as my son (transference). I felt so sympathetic towards him. I was so 100% certain that he couldn't have committed this crime. (Carlos) was a super person to minister to. I knew Carlos was not guilty. Fred Allen a guard, said "by the way he talks and acts I don't believe he is guilty, either. (1)
REPLY: Experienced prison personnel are fooled all the time by prisoners, just as parole boards are. This is simply Rev. Pickett's and Fred Allen's blind speculation and nothing more.
More than that, it appears that Rev. Pickett is, now, either lying about his own opinions or he is very confused. Read on.
2) Pickett: believes that, no way, could someone, so afraid of lightning and thunder, such as Carlos De Luna, use a knife (in a crime). (1)
Reply: Rev. Pickett talks about how important his background is in understanding people and behavior and he says something like this, destroying his own credibility on the issue. If the lightning and thunder event occurred, we already know what De Luna was capable of. In 1980, "De Luna was charged with attempted aggravated rape and driving a stolen vehicle, he pleaded no contest and was sentenced to 2 to 3 years. Paroled in May 1982, De Luna returned to Corpus Christi. Not long after, he attended a party for a former cellmate and was accused of attacking the cellmate's 53-year-old mother. She told police that De Luna broke three of her ribs with one punch, removed her underwear, pulled down his pants, then suddenly left. He was never prosecuted for the attack, but authorities sent him back to prison on a parole violation. Released again in December of that year, he came back to Corpus Christi and got a job as a concrete worker. Almost immediately, he was arrested for public intoxication. During the arrest, De Luna allegedly laughed about the wounding of a police officer months earlier and said the officer should have been killed. Two weeks after that arrest, Lopez was murdered." (Chicago Tribune) Being a long time criminal, we can presume that there were numerous additional crimes committed by De Luna and which remained unsolved. Was De Luna capable of committing a robbery murder, even though he had big brown eyes and was scared of lightning? Of course. This goes to Rev. Pickett's poor judgement or something else.
There is this major problem.
In 1999, years after Rev. Pickett had left his death row ministry, and 10 years after De Luna's execution, the reverend was asked, in a PBS Frontline interview, "Do you think there have been some you have watched die who were strictly innocent?"
His reply: "I never felt that." (3)
For many years, and since the 1989 execution of Carlos De Luna, the reverend never felt that any of the 95 executed were actually innocent.
This directly conflicts with his current statements on Carlos De Luna. Rev. Pickett is, now, saying that he was 100% sure of De Luna's innocence in 1989!
It appears the reverend has either revised history to support his new anti death penalty activism - he's lying - or he is, again, very confused. Reverend?
3) Introduction: In 1974, prison librarian Judy Standley and teacher Von Beseda were murdered during an 11 day prison siege and escape attempt. Ignacio Cuevas was sentenced to death, as one of three prisoners who were involved. The other two died in the shootout.
Ms. Standley and Ms. Beseda were part of Rev. Pickett's congregation, outside of prison.
Pickett: After Cuevas was executed, Rev. Pickett alleges that he met with Judy Standley's family and they told the reverend that "This (the execution) didn't bring closure." "This didn't help us." According to Rev. Pickett, "They didn't want him (Ignacio Cuevas) executed." (1)
Reply; There might be a big problem. Judy Standley's five children wrote a statement, before the execution, which stated: "We are relieved the ordeal may almost be over, but we are also aware that to some, this case represents only one of many in which, arguably, `justice delayed is justice denied," "We are hopeful the sentence will finally be carried out and that justice will at last be served," said the statement, signed by Ty, Dru, Mark, Pam and Stuart Standley. (4)
Sure seemed like the kids wanted Cuevas to be executed. Doesn't it? Reverend?
4) Pickett: "A great majority of them (the 95 executed inmates he ministered to) were black or Hispanic." (1)
Reply: The reverend's point, here, is to emphasize the alleged racist nature of the death penalty. There is a problem for the reverend - the facts - the "great majority" were 47 white (49%) with 32 black (34%), and 16 Hispanic (17%).
5) Pickett: "Out of the 95 we executed only one that had a college degree. All the rest of them their education was 9th grade and under." (1)
Reply: Not even close. Rev. Pickett's point, here, seems to be that capital murderers are, almost all, idiots who can't be held responsible for their actions. But, there are more fact problems for the reverend. In a review of only 31 of the 95 cases, 5 had some college or post graduate classes and 16 were high school graduates or completed their GED. Partial review (Incomplete Count) , below.
Would Rev. Pickett tell us about the educational achievements of all the true innocent murder victims and those that weren't old enough for school?
6) Pickett: spoke of the Soldier of Fortune murder for hire case, stating the husband got the death penalt, while the hired murderer got 6 years. (1)
Reply: Rev. Pickett's point, here, was the unfairness of the sentence disparity. More fact problems. John Wayne Hearn, the hitman, was sentenced to life imprisonment for the murder of Sandra Black.
7) Pickett: speaks of how sincere hostage taker, murderer Ignacio Cuevas was. Rev. Pickett states that "between 11 and midnight (I) believe almost everything" the inmates say, because they are about to be executed. (1)
Reply: Bad judgement. Minutes later, Cuevas lied when on the gurney, stating that he was innocent. This goes to show how Rev. Pickett and many others are easily fooled by these murderers. Pickett concedes the point.
8) Pickett: "In my opinion and in the opinion of the convicts, life in prison, with no hope of parole, is a much worse punishment (than the death penalty)." "Most of these people (death row inmates) fear life in prison more than they do the possibility of execution." (2)
REPLY: More fact problems. We know that isn't the opinion of those facing a possible death sentence of those residing on death row. This gives more support to my suspicion that Rev. Pickett is putting words into the inmates' mouths.
Facts: What percentage of capital murderers seek a plea bargain to a death sentence, rather than seeking a life sentence? Zero or close to it. They prefer long term imprisonment. What percentage of convicted capital murderers argue for execution in the penalty phase of their capital trial? Zero or close to it. They prefer long term imprisonment. What percentage of death row inmates waive their appeals and speed up the execution process? Nearly zero (less than 2%). They prefer long term imprisonment. This is not, even remotely, in dispute. How could Rev. Pickett not be aware of this? How long was he ministering to Texas' death row? 13 years?
9) Pickett: stated that "doctors can't (check the veins of inmates pending execution), it's against the law." (1)
Reply: Ridiculous. Obviously untrue.
10) Pickett: Pavulon (a paralytic) has been banned by vets but we use it on people. (1)
REPLY: This is untrue and is a common anti death penalty deception. The American Veterinary Medical Association (AVMA) stetes, "When used alone, these drugs (paralytics) all cause respiratory arrest before loss of consciousness, so the animal may perceive pain and distress after it is immobilized." Obviously, paralytics are never used alone in the human lethal injection process or animal euthanasia. The AVMA does not mention the specific paralytic - Pavulon - used in lethal injection for humans. These absurd claims, falsely attributed to veterinary literature, have been a bald faced lie by anti death penalty activists.
In Belgium and the Netherlands, their euthanasia protocol is as follows: A coma is first induced by intravenous administration of 20 mg/kg sodium thiopental (Nesdonal) (NOTE-the first drug in human lethal injection) in a small volume (10 ml physiological saline). Then a triple intravenous dose of a non-depolarizing neuromuscular muscle relaxant is given, such as 20 mg pancuronium bromide (Pavulon) (NOTE-the second drug, the paralytic, in human lethal injection) or 20 mg vecuronium bromide (Norcuron). The muscle relaxant should preferably be given intravenously, in order to ensure optimal availability (NOTE: as in human lethal injection). Only for pancuronium bromide (Pavulon) are there substantial indications that the agent may also be given intramuscularly in a dosage of 40 mg. (NOTE: That is how effective the second drug in human lethal injection is, that it can be given intramuscularly and still hasten death).
Just like execution/lethal injection in the US, although we give a third drug which speeds up death, even more.
11) Pickett: "Most of the inmates would ask the question, "How can Texas kill people who kill people and tell people that killing people is wrong?" That came out of inmates’ mouths regularly and I think it’s a pretty good question to ask." (2)
REPLY: Most? Would that be more than 47 out of 95? I simply don't believe it. 10 out of 95? Doubtful. I suspect it is no coincidence that "Why do we kill people to show that killing is wrong" has been a common anti death penalty slogan for a very long time. I suspect that Rev. Pickett has just picked it up, used it and placed it in inmate's mouths. Furthermore, we don't execute murderers to show that murder is wrong. Most folks know that murder is wrong even without a sanction.
12) Pickett: said an inmate said "its burning" "its burning", during an execution. (1)
REPLY: This may have occurred for a variety of reasons and does not appear to be an issue. It is the third drug which is noted for a burning sensation, if one were conscious during its injection. However, none of the inmates that Rev. Pickett handled were conscious after the first drug was administered. That would not be the case, here, as the burning complaints came at the very beginning of the injection process, which would involve a reaction where the burning would be quite minor. Has Rev. Pickett reviewed the pain and suffering of the real victims - the innocent murdered ones?
Bottom line. Reverend Pickett's credibility is as high as a snakes belly.
Time to edit the movie?!
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Incomplete count
this is a review of 31 out of the 95 death row inmates ministered by Rev. Pickett
21 of the 31 below had some college or post graduate classes (5)
or were high school graduates or completed their GED (16)
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1) Brooks 12
3) O'Bryan post graduate degree - dentist
41 james russel 10th
42 G Green sophomore college
45 David Clark 10th and GED
46 Edward Ellis 10th
47 Billy White 10th
48 Justin May 11th
49 Jesus Romero 11th and GED
50 Robert Black, Jr. a pilot (probably beyond 12th)
55. Carlos Santana 11th
57 Darryl Stewart 12th
58 Leonel Herrera 11th and GED
60) Markum Duff Smith Post graduate College
33) Carlos De Luna 9th
95 Ronald Keith Allridge 10th and GED
93 Noble Mays Junior in College
92 Samuel Hawkins 12th
91 Billy Conn Gardner 12th
90 Jeffery Dean Motley 9th
89 Willie Ray Williams 11th
86 Jesse Jacobs 12th
85 Raymond Carl Kinnamon 11th and GED
84 Herman Clark sophomore college
83 Warren Eugene Bridge 11th
82 Walter Key Williams 12th
72 Harold Barnard 12th
73 Freddie Webb 11th and GED
75 Larry Anderson 12th
77 Stephen Nethery 12th
79 Robert Drew 10th
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
2) THE FAILURE INTERVIEW: REVEREND CARROLL PICKETT—AUTHOR OF "WITHIN THESE WALLS: MEMOIRS OF A DEATH HOUSE CHAPLAIN" Interview, by Kathleen A. Ervin
www(DOT)failuremag.com/arch_history_carroll_pickett_interview.html
3) "The Execution: Interview with Reverend Carroll Pickett", PBS, FRONTLINE, 1999
www(DOT)pbs.org/wgbh/pages/frontline/shows/execution/readings/pickett.html
4) "Appellate court refuses to stay killer's execution", Kathy Fair, HOUSTON CHRONICLE, Section A, Page 1, 2 Star edition, 05/23/1991
Cindi
May 28, 2008 12:33 AM
I am not sure what to say after reading all of this information. It is overwhelming to me! I have often wondered why there was a death penalty mainly because of possible innocence! I would put myself in the situation and think what if I knew I was innocent of a crime, but no one would believe me?! Food for thought.....Thanks, Cindi
Nell Minow
May 28, 2008 10:02 AM
Thank you very much for your comments, Mr. Sharp. I hope everyone who reads them will watch the film because it is an inspiring story of an extraordinary ministry, with kindness and compassion to some of society's most troubled souls and greatest transgressors.
For more information on the issues surrounding the death penalty, I recommend The Death Penalty Information Center and for a religious assessment of the issues, Religious Tolerance. The ACLU's site and the NCADP are good resources for opponents of the death penalty.
iorek
May 31, 2008 2:43 AM
Mr. Sharp, you have devoted a great deal of time and effort trying to vindicate your feelings of vengeance and anger. I understand your bitterness. Some of these people (not all) have committed terrible actions, and it is tempting to avert your eyes from all consideration of why-- child abuse, mental retardation, mistreatment-- because complexity dilutes the feeling of righteous indignation you feel when you play the sword of an avenging angel. But the point is that every serious study of capital punishment for more than 50 years (starting with Arthur Koestler's classic, "Hanged By The Neck," and going through the Northwestern Law School innocence project, has supported Reverend Pickett's basic position. You'll have to do better than looking for inconsistencies in Reverend Pickett's statements to begin to address the underlying injustice.
Most appalling, when Texas made capital punishment a high volume business under Governor Bush, the person in charge of the final evaluation before execution was Alberto Gonzalez, the same man who repeatedly embarrassed himself and the Justice Department last year by testifying that he never bothered to read, think about, or lose a moment's sleep over anything that Bush instructed him to do. God only knows how many innocent people he sent to their death just because he lacked the curiosity to open the file.
Dudley Sharp
June 3, 2008 3:47 PM
The Death Penalty: More Protection for Innocents
Dudley Sharp, Justice Matters, contact info below
Often, the death penalty dialogue gravitates to the subject of innocents at risk of execution. Seldom is a more common problem reviewed. That is, how innocents are more at risk without the death penalty.
Living murderers, in prison, after release or escape or after our failures to incarcerate them, are much more likely to harm and murder, again, than are executed murderers.
This is a truism.
No knowledgeable and honest party questions that the death penalty has the most extensive due process protections in US criminal law.
Therefore, actual innocents are more likely to be sentenced to life imprisonment and more likely to die in prison serving under that sentence, that it is that an actual innocent will be executed.
That is. logically, conclusive.
16 recent studies, inclusive of their defenses, find for death penalty deterrence.
A surprise? No.
Life is preferred over death. Death is feared more than life.
Some believe that all studies with contrary findings negate those 16 studies. They don't. Studies which don't find for deterrence don't say no one is deterred, but that they couldn't measure those deterred.
What prospect of a negative outcome doesn't deter some? There isn't one . . . although committed anti death penalty folk may say the death penalty is the only one.
However, the premier anti death penalty scholar accepts it as a given that the death penalty is a deterrent, but does not believe it to be a greater deterrent than a life sentence. Yet, the evidence is compelling and un refuted that death is feared more than life.
"This evidence greatly unsettles moral objections to the death penalty, because it suggests that a refusal to impose that penalty condemns numerous innocent people to death." (1)
" . . . a serious commitment to the sanctity of human life may well compel, rather than forbid, (capital) punishment." (1)
"Recent evidence suggests that capital punishment may have a significant deterrent effect, preventing as many as eighteen or more murders for each execution." (1)
Some death penalty opponents argue against death penalty deterrence, stating that it's a harsher penalty to be locked up without any possibility of getting out.
Reality paints a very different picture.
What percentage of capital murderers seek a plea bargain to a death sentence? Zero or close to it. They prefer long term imprisonment.
What percentage of convicted capital murderers argue for execution in the penalty phase of their capital trial? Zero or close to it. They prefer long term imprisonment.
What percentage of death row inmates waive their appeals and speed up the execution process? Nearly zero. They prefer long term imprisonment.
This is not, even remotely, in dispute.
Life is preferred over death. Death is feared more than life.
Furthermore, history tells us that "lifers" have many ways to get out: Pardon, commutation, escape, clerical error, change in the law, etc.
In choosing to end the death penalty, or in choosing not implement it, some have chosen to spare murderers at the cost of sacrificing more innocent lives.
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Furthermore, possibly we have sentenced 20-25 actually innocent people to death since 1973, or 0.3% of those so sentenced. Those have all been released upon post conviction review. The anti death penalty claims, that the numbers are significantly higher, are a fraud, easily discoverable by fact checking.
6 inmates have been released from death row because of DNA evidence. An additional 9 were released from prison, because of DNA exclusion, who had previously been sentenced to death.
The innocents deception of death penalty opponents has been getting exposure for many years. Even the behemoth of anti death penalty newspapers -- The New York Times -- has recognized that deception.
"To be sure, 30 or 40 categorically innocent people have been released from death row . . . ". ' (2) This when death penalty opponents were claiming the release of 119 "innocents" from death row. Death penalty opponents never required actual innocence in order for cases to be added to their "exonerated" or "innocents" list. They simply invented their own definitions for exonerated and innocent and deceptively shoe horned large numbers of inmates into those definitions - something easily discovered with fact checking.
There is no proof of an innocent executed in the US, at least since 1900.
If we accept that the best predictor of future performance is past performance, we can reasonable conclude that the DNA cases will be excluded prior to trial, and that for the next 8000 death sentences, that we will experience a 99.8% accuracy rate in actual guilt convictions. This improved accuracy rate does not include the many additional safeguards that have been added to the system, over and above DNA testing.
Of all the government programs in the world, that put innocents at risk, is there one with a safer record and with greater protections than the US death penalty?
Unlikely.
-----------------------
Full report - All Innocence Issues: The Death Penalty, upon request.
Full report - The Death Penalty as a Deterrent, upon request
(1) From the Executive Summary of
Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs, March 2005
Prof. Cass R. Sunstein, Cass_Sunstein(AT)law.uchicago.edu
Prof. Adrian Vermeule , avermeule(AT)law.harvard.edu
Full report http://aei-brookings.org/admin/authorpdfs/page.php?id=1131
(2) "The Death of Innocents': A Reasonable Doubt",
New York Times Book Review, p 29, 1/23/05, Adam Liptak,
national legal correspondent for The NY Times
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Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
Permission for distribution of this document, in whole or in part, is approved with proper attribution.
Dudley Sharp
January 6, 2009 12:49 PM
Dear Iorek:
No vengeance or bitterness. Just accuracy. Of course, murderers taking innocent lives does generate some anger, one would hope.
Please review:
The Death Penalty: Neither Hatred nor Revenge
Dudley Sharp, Justice Matters, contact info below
Death penalty opponents say that the death penalty has a foundation in hatred and revenge. Such is a false claim.
A death sentence requires pre existing statutes, trial and appeals, considerations of guilt and due process, to name but a few. Revenge requires none of these and, in fact, does not even require guilt or a crime.
The criminal justice system goes out of its way to take hatred and revenge out of the process. That is why we have a system of pre existing laws and legal procedures that offer extreme protections to defendants and those convicted and which provide statutes and sanctions which existed prior to the crime.
It is also why those directly affected by the murder are not allowed to be fact finders in the case.
The reality is that the pre trial, trial. appellate and executive clemency/commutation processes offer much greater time and human resources to capital cases than they do to any other cases, meaning that the facts tell us that defendants and convicted murderers, subject to the death penalty, receive much greater care and concern than those not facing the death penalty - the opposite of a system marked with vengeance.
Calling executions a product of hatred and revenge is simply a way in which some death penalty opponents attempt to establish a sense of moral superiority. It can also be a transparent insult which results in additional hurt to those victim survivors who have already suffered so much and who believe that execution is the appropriate punishment for those who murdered their loved one(s).
Far from moral superiority, those who call capital punishment an expression of hatred and revenge are often exhibiting their contempt for those who believe differently than they do. Instead, they might reflect on why others believe it is a just and deserved sanction for the crimes committed.
The pro death penalty position is based upon those who find that punishment just and appropriate under specific circumstances.
Those opposed to execution cannot prove a foundation of hatred and revenge for the death penalty any more than they can for any other punishment sought within a system such as that observed within the US - unless such opponents find all punishments a product of hatred and revenge - an unreasonable, unfounded position
Far from hatred and revenge, the death penalty represents our greatest condemnation for a crime of unequaled horror and consequence. Lesser punishments may suffice under some circumstances. A death sentence for certain heinous crimes is given in those special circumstances when a jury finds such is more just than a lesser sentence.
Less justice is not what we need.
A thorough review of the criminal justice system will often beg this question: Why have we chosen to be so generous to murderers and so contemptuous of the human rights and suffering of the victims and future victims?
The punishment of death is, in no way, a balancing between harm and punishment, because the innocent murder victim did not deserve or earn their fate, whereas the murderer has earned their own, deserved punishment by the free will action of violating societies laws and an individuals life and, thereby, voluntarily subjecting themselves to that jurisdictions judgment.
copyright 2001-2008 Dudley Sharp, Permission for distribution of this document, in whole or in part, is approved with proper attribution.
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
It is important to note that the extraordinary ministry involves a minister that has a very diffcult time with the facts and Rev. Pickett has made no public effort to correct my review. That should be of some concern.
The disputed facts are very important and everyone should care about accuracy.
It should e noted that your references, The Death Penalty Information Center, Religious Tolerance. the ACLU's site and the NCADP are all anti death penalty sites. You may be unaware of that.
I would be happy to review that assesment with you.
For both your own research, as well as for the benefit of your readers, it is important to look at both sides of the debate.
Here is a brief review, below. There are links to some pro death penalty sites, in my prior posts.
The Death Penalty in the US: A Review
Dudley Sharp, Justice Matters, contact info below
NOTE: Detailed review of any of the below topics, or others, is available upon request
In this brief format, the reality of the death penalty in the United States, is presented, with the hope that the media, public policy makers and others will make an effort to present a balanced view on this sanction.
Innocence Issues
Death Penalty opponents have proclaimed that 130 inmates have been "released from death row with evidence of their innocence", in the US, since the modern death penalty era began, post Furman v Georgia (1972).
The number is a fraud.
Those opponents have intentionally included both the factually innocent (the "I truly had nothing to do with the murder" cases) and the legally innocent (the "I got off because of legal errors" cases), thereby fraudulently raising the "innocent" numbers. This is easily confirmed by fact checking.
Death penalty opponents claim that 24 such innocence cases are in Florida. The Florida Commission on Capital Cases found that 4 of those 24 MIGHT be innocent -- an 83% error rate in for the claims of death penalty opponents. Other studies show their error rate to be about 70%. The totality of reviews points to an 80% error/fraud rate in these claims, or about 26 cases - a 0.3% actual guilt error rate for the nearly 8000 sentenced to death since 1973.
The actual innocents were all freed.
It is often claimed that 23 innocents have been executed in the US since 1900. Nonsense. Even the authors of that "23 innocents executed" study proclaimed "We agree with our critics, we never proved those (23) executed to be innocent; we never claimed that we had." While no one would claim that an innocent has never been executed, there is no proof of an innocent executed in the US, at least since 1900.
No one disputes that innocents are found guilty, within all countries. However, when scrutinizing death penalty opponents claims, we find that when reviewing the accuracy of verdicts and the post conviction thoroughness of discovering those actually innocent incarcerated, that the US death penalty process may be one of the most accurate criminal justice sanctions in the world.
Under real world scenarios, not executing murderers will always put many more innocents at risk, than will ever be put at risk of execution.
Deterrence Issues
16 recent US studies, inclusive of their defenses, find a deterrent effect of the death penalty.
All the studies which have not found a deterrent effect of the death penalty have refused to say that it does not deter some. The studies finding for deterrence state such. Confusion arises when people think that a simple comparison of murder rates and executions, or the lack thereof, can tell the tale of deterrence. It cannot.
Both high and low murder rates are found within death penalty and non death penalty jurisdictions, be it Singapore, South Africa, Sweden or Japan, or the US states of Michigan and Delaware. Many factors are involved in such evaluations. Reason and common sense tell us that it would be remarkable to find that the most severe criminal sanction -- execution -- deterred none. No one is foolish enough to suggest that the potential for negative consequences does not deter the behavior of some. Therefore, regardless of jurisdiction, having the death penalty will always be an added deterrent to murders, over and above any lesser punishments.
Racial issues
White murderers are twice as likely to be executed in the US as are black murderers and are executed, on average, 12 months more quickly than are black death row inmates.
It is often stated that it is the race of the victim which decides who is prosecuted in death penalty cases. Although blacks and whites make up about an equal number of murder victims, capital cases are 6 times more likely to involve white victim murders than black victim murders. This, so the logic goes, is proof that the US only cares about white victims.
Hardly. Only capital murders, not all murders, are subject to a capital indictment. Generally, a capital murder is limited to murders plus secondary aggravating factors, such as murders involving burglary, carjacking, rape, and additional murders, such as police murders, serial and multiple murders. White victims are, overwhelmingly, the victims under those circumstances, in ratios nearly identical to the cases found on death row.
Any other racial combinations of defendants and/or their victims in death penalty cases, is a reflection of the crimes committed and not any racial bias within the system, as confirmed by studies from the Rand Corporation (1991), Smith College (1994), U of Maryland (2002), New Jersey Supreme Court (2003) and by a view of criminal justice statistics, within a framework of the secondary aggravating factors necessary for capital indictments.
Class issues
No one disputes that wealthier defendants can hire better lawyers and, therefore, should have a legal advantage over their poorer counterparts. The US has executed about 0.15% of all murderers since new death penalty statutes were enacted in 1973. Is there evidence that wealthier capital murderers are less likely to be executed than their poorer ilk, based upon the proportion of capital murders committed by different those different economic groups? Not to my knowledge.
Arbitrary and capricious
About 10% of all murders within the US might qualify for a death penalty eligible trial. That would be about 64,000 murders since 1973. We have sentenced 8000 murderers to death since then, or 13% of those eligible. I doubt that there is any other crime which receives a higher percentage of maximum sentences, when mandatory sentences are not available. Based upon that, as well as pre trial, trial, appellate and clemency/commutation realities, the US death penalty is likely the least arbitrary and capricious criminal sanctions in the US.
Christianity and the death penalty
The two most authoritative New Testament scholars, Saints Augustine and Aquinas, provide substantial biblical and theological support for the death penalty. Even the most well known anti death penalty personality in the US, Sister Helen Prejean, author of Dead Man Walking, states that "It is abundantly clear that the Bible depicts murder as a capital crime for which death is considered the appropriate punishment, and one is hard pressed to find a biblical 'proof text' in either the Hebrew Testament or the New Testament which unequivocally refutes this. Even Jesus' admonition 'Let him without sin cast the first stone,' when He was asked the appropriate punishment for an adulteress (John 8:7) -- the Mosaic Law prescribed death -- should be read in its proper context. This passage is an 'entrapment' story, which sought to show Jesus' wisdom in besting His adversaries. It is not an ethical pronouncement about capital punishment." A thorough review of Pope John Paul II's position, reflects a reasoning that should be recommending more executions.
Cost Issues
All studies finding the death penalty to be more expensive than life without parole exclude important factors, such as (1) geriatric care costs, recently found to be $69,0000/yr/inmate, (2) the death penalty cost benefit of providing for plea bargains to a maximum life sentence, a huge cost savings to the state, (3) the death penalty cost benefit of both enhanced deterrence and enhanced incapacitation, at $5 million per innocent life spared, and, furthermore, (4) many of the alleged cost comparison studies are highly deceptive.
Polling data
76% of Americans find that we should impose the death penalty more or that we impose it about right (Gallup, May 2006 - 51% that we should impose it more, 25% that we impose it about right)
71% find capital punishment morally acceptable - that was the highest percentage answer for all questions (Gallup, April 2006, moral values poll). In May, 2007, the percentage dropped to 66%, still the highest percentage answer, with 27% opposed. (Gallup, 5/29/07)
81% of the American people supported the execution of Timothy McVeigh, with only 16% opposed. "(T)his view appears to be the consensus of all major groups in society, including men, women, whites, nonwhites, "liberals" and "conservatives." (Gallup 5/2/01).
81% of Connecticut citizens supported the execution of serial rapist/murderer Michael Ross (Jan 2005).
While 81% gave specific case support for Timothy McVeigh's execution, Gallup also showed a 65% support AT THE SAME TIME when asked a general "do you support capital punishment for murderers?" question. (Gallup, 6/10/01).
22% of those supporting McVeigh's execution are, generally, against the death penalty (Gallup 5/02/01). That means that about half of those who say they oppose the death penalty, with the general question, actually support the death penalty under specific circumstances, just as it is imposed, judicially.
Further supporting the higher rates for specific cases, is this, from the French daily Le Monde December 2006 (1): Percentage of respondents in favor of executing Saddam Hussein:USA: 82%; Great Britain: 69%; France: 58%; Germany: 53%; Spain: 51%; Italy: 46%
Death penalty support is much deeper and much wider than we are often led to believe, with 50% of those who say they, generally, oppose the death penalty actually supporting it under specific circumstances, resulting in 80% death penalty support in the US, as recently as December 2006.
--------------------------------
Whatever your feelings are toward the death penalty, a fair accounting of how it is applied should be demanded.
copyright 1998-2008 Dudley Sharp
Permission for distribution of this document, in whole or in part, is approved with proper attribution.
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
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Can Rev. Carroll Pickett be trusted "At the Death House Door"?
Dudley Sharp, Justice Matters, contact info below
Rev. Pickett is on a promotional tour for the anti death penalty film "At the Death House Door". It is partially about the Reverend's experience ministering to 95 death row inmates executed in Texas.
Rev. Pickett's inaccuracies are many and important.
Does Rev. Pickett just make facts up as he goes along, hoping that no one fact checks, or is he just confused or ignorant?
Some of his miscues are common anti death penalty deceptions. The reverend is an anti death penalty activist.
Below are comments or paraphrases of Rev. Pickett, taken from interviews, followed by my Reply:.
1) Pickett: I knew (executed inmate) Carlos (De Luna) didn't do it. It was his big brown eyes, the way he talked, he was the same age as my son (transference). I felt so sympathetic towards him. I was so 100% certain that he couldn't have committed this crime. (Carlos) was a super person to minister to. I knew Carlos was not guilty. Fred Allen a guard, said "by the way he talks and acts I don't believe he is guilty, either. (1)
REPLY: Experienced prison personnel are fooled all the time by prisoners, just as parole boards are. This is simply Rev. Pickett's and Fred Allen's blind speculation and nothing more.
More than that, it appears that Rev. Pickett is, now, either lying about his own opinions or he is very confused. Read on.
2) Pickett: believes that, no way, could someone, so afraid of lightning and thunder, such as Carlos De Luna, use a knife (in a crime). (1)
Reply: Rev. Pickett talks about how important his background is in understanding people and behavior and he says something like this, destroying his own credibility on the issue. If the lightning and thunder event occurred, we already know what De Luna was capable of. In 1980, "De Luna was charged with attempted aggravated rape and driving a stolen vehicle, he pleaded no contest and was sentenced to 2 to 3 years. Paroled in May 1982, De Luna returned to Corpus Christi. Not long after, he attended a party for a former cellmate and was accused of attacking the cellmate's 53-year-old mother. She told police that De Luna broke three of her ribs with one punch, removed her underwear, pulled down his pants, then suddenly left. He was never prosecuted for the attack, but authorities sent him back to prison on a parole violation. Released again in December of that year, he came back to Corpus Christi and got a job as a concrete worker. Almost immediately, he was arrested for public intoxication. During the arrest, De Luna allegedly laughed about the wounding of a police officer months earlier and said the officer should have been killed. Two weeks after that arrest, Lopez was murdered." (Chicago Tribune) Being a long time criminal, we can presume that there were numerous additional crimes committed by De Luna and which remained unsolved. Was De Luna capable of committing a robbery murder, even though he had big brown eyes and was scared of lightning? Of course. This goes to Rev. Pickett's poor judgement or something else.
There is this major problem.
In 1999, years after Rev. Pickett had left his death row ministry, and 10 years after De Luna's execution, the reverend was asked, in a PBS Frontline interview, "Do you think there have been some you have watched die who were strictly innocent?"
His reply: "I never felt that." (3)
For many years, and since the 1989 execution of Carlos De Luna, the reverend never felt that any of the 95 executed were actually innocent.
This directly conflicts with his current statements on Carlos De Luna. Rev. Pickett is, now, saying that he was 100% sure of De Luna's innocence in 1989!
It appears the reverend has either revised history to support his new anti death penalty activism - he's lying - or he is, again, very confused. Reverend?
3) Introduction: In 1974, prison librarian Judy Standley and teacher Von Beseda were murdered during an 11 day prison siege and escape attempt. Ignacio Cuevas was sentenced to death, as one of three prisoners who were involved. The other two died in the shootout.
Ms. Standley and Ms. Beseda were part of Rev. Pickett's congregation, outside of prison.
Pickett: After Cuevas was executed, Rev. Pickett alleges that he met with Judy Standley's family and they told the reverend that "This (the execution) didn't bring closure." "This didn't help us." According to Rev. Pickett, "They didn't want him (Ignacio Cuevas) executed." (1)
Reply; There might be a big problem. Judy Standley's five children wrote a statement, before the execution, which stated: "We are relieved the ordeal may almost be over, but we are also aware that to some, this case represents only one of many in which, arguably, `justice delayed is justice denied," "We are hopeful the sentence will finally be carried out and that justice will at last be served," said the statement, signed by Ty, Dru, Mark, Pam and Stuart Standley. (4)
Sure seemed like the kids wanted Cuevas to be executed. Doesn't it? Reverend?
4) Pickett: "A great majority of them (the 95 executed inmates he ministered to) were black or Hispanic." (1)
Reply: The reverend's point, here, is to emphasize the alleged racist nature of the death penalty. There is a problem for the reverend - the facts - the "great majority" were 47 white (49%) with 32 black (34%), and 16 Hispanic (17%).
5) Pickett: "Out of the 95 we executed only one that had a college degree. All the rest of them their education was 9th grade and under." (1)
Reply: Not even close. Rev. Pickett's point, here, seems to be that capital murderers are, almost all, idiots who can't be held responsible for their actions. But, there are more fact problems for the reverend. In a review of only 31 of the 95 cases, 5 had some college or post graduate classes and 16 were high school graduates or completed their GED. Partial review (Incomplete Count) , below.
Would Rev. Pickett tell us about the educational achievements of all the true innocent murder victims and those that weren't old enough for school?
6) Pickett: spoke of the Soldier of Fortune murder for hire case, stating the husband got the death penalt, while the hired murderer got 6 years. (1)
Reply: Rev. Pickett's point, here, was the unfairness of the sentence disparity. More fact problems. John Wayne Hearn, the hitman, was sentenced to life imprisonment for the murder of Sandra Black.
7) Pickett: speaks of how sincere hostage taker, murderer Ignacio Cuevas was. Rev. Pickett states that "between 11 and midnight (I) believe almost everything" the inmates say, because they are about to be executed. (1)
Reply: Bad judgement. Minutes later, Cuevas lied when on the gurney, stating that he was innocent. This goes to show how Rev. Pickett and many others are easily fooled by these murderers. Pickett concedes the point.
8) Pickett: "In my opinion and in the opinion of the convicts, life in prison, with no hope of parole, is a much worse punishment (than the death penalty)." "Most of these people (death row inmates) fear life in prison more than they do the possibility of execution." (2)
REPLY: More fact problems. We know that isn't the opinion of those facing a possible death sentence of those residing on death row. This gives more support to my suspicion that Rev. Pickett is putting words into the inmates' mouths.
Facts: What percentage of capital murderers seek a plea bargain to a death sentence, rather than seeking a life sentence? Zero or close to it. They prefer long term imprisonment. What percentage of convicted capital murderers argue for execution in the penalty phase of their capital trial? Zero or close to it. They prefer long term imprisonment. What percentage of death row inmates waive their appeals and speed up the execution process? Nearly zero (less than 2%). They prefer long term imprisonment. This is not, even remotely, in dispute. How could Rev. Pickett not be aware of this? How long was he ministering to Texas' death row? 13 years?
9) Pickett: stated that "doctors can't (check the veins of inmates pending execution), it's against the law." (1)
Reply: Ridiculous. Obviously untrue.
10) Pickett: Pavulon (a paralytic) has been banned by vets but we use it on people. (1)
REPLY: This is untrue and is a common anti death penalty deception. The American Veterinary Medical Association (AVMA) stetes, "When used alone, these drugs (paralytics) all cause respiratory arrest before loss of consciousness, so the animal may perceive pain and distress after it is immobilized." Obviously, paralytics are never used alone in the human lethal injection process or animal euthanasia. The AVMA does not mention the specific paralytic - Pavulon - used in lethal injection for humans. These absurd claims, falsely attributed to veterinary literature, have been a bald faced lie by anti death penalty activists.
In Belgium and the Netherlands, their euthanasia protocol is as follows: A coma is first induced by intravenous administration of 20 mg/kg sodium thiopental (Nesdonal) (NOTE-the first drug in human lethal injection) in a small volume (10 ml physiological saline). Then a triple intravenous dose of a non-depolarizing neuromuscular muscle relaxant is given, such as 20 mg pancuronium bromide (Pavulon) (NOTE-the second drug, the paralytic, in human lethal injection) or 20 mg vecuronium bromide (Norcuron). The muscle relaxant should preferably be given intravenously, in order to ensure optimal availability (NOTE: as in human lethal injection). Only for pancuronium bromide (Pavulon) are there substantial indications that the agent may also be given intramuscularly in a dosage of 40 mg. (NOTE: That is how effective the second drug in human lethal injection is, that it can be given intramuscularly and still hasten death).
Just like execution/lethal injection in the US, although we give a third drug which speeds up death, even more.
11) Pickett: "Most of the inmates would ask the question, "How can Texas kill people who kill people and tell people that killing people is wrong?" That came out of inmates’ mouths regularly and I think it’s a pretty good question to ask." (2)
REPLY: Most? Would that be more than 47 out of 95? I simply don't believe it. 10 out of 95? Doubtful. I suspect it is no coincidence that "Why do we kill people to show that killing is wrong" has been a common anti death penalty slogan for a very long time. I suspect that Rev. Pickett has just picked it up, used it and placed it in inmate's mouths. Furthermore, we don't execute murderers to show that murder is wrong. Most folks know that murder is wrong even without a sanction.
12) Pickett: said an inmate said "its burning" "its burning", during an execution. (1)
REPLY: This may have occurred for a variety of reasons and does not appear to be an issue. It is the third drug which is noted for a burning sensation, if one were conscious during its injection. However, none of the inmates that Rev. Pickett handled were conscious after the first drug was administered. That would not be the case, here, as the burning complaints came at the very beginning of the injection process, which would involve a reaction where the burning would be quite minor. Has Rev. Pickett reviewed the pain and suffering of the real victims - the innocent murdered ones?
Bottom line. Reverend Pickett's credibility is as high as a snakes belly.
Time to edit the movie?!
------------
Incomplete count
this is a review of 31 out of the 95 death row inmates ministered by Rev. Pickett
21 of the 31 below had some college or post graduate classes (5)
or were high school graduates or completed their GED (16)
-----------
1) Brooks 12
3) O'Bryan post graduate degree - dentist
41 james russel 10th
42 G Green sophomore college
45 David Clark 10th and GED
46 Edward Ellis 10th
47 Billy White 10th
48 Justin May 11th
49 Jesus Romero 11th and GED
50 Robert Black, Jr. a pilot (probably beyond 12th)
55. Carlos Santana 11th
57 Darryl Stewart 12th
58 Leonel Herrera 11th and GED
60) Markum Duff Smith Post graduate College
33) Carlos De Luna 9th
95 Ronald Keith Allridge 10th and GED
93 Noble Mays Junior in College
92 Samuel Hawkins 12th
91 Billy Conn Gardner 12th
90 Jeffery Dean Motley 9th
89 Willie Ray Williams 11th
86 Jesse Jacobs 12th
85 Raymond Carl Kinnamon 11th and GED
84 Herman Clark sophomore college
83 Warren Eugene Bridge 11th
82 Walter Key Williams 12th
72 Harold Barnard 12th
73 Freddie Webb 11th and GED
75 Larry Anderson 12th
77 Stephen Nethery 12th
79 Robert Drew 10th
Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
Pro death penalty sites
homicidesurvivors(dot)com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx
www(dot)dpinfo.com
www(dot)cjlf.org/deathpenalty/DPinformation.htm
www(dot)clarkprosecutor.org/html/links/dplinks.htm
www(dot)coastda.com/archives.html
www(dot)lexingtonprosecutor.com/death_penalty_debate.htm
www(dot)prodeathpenalty.com
www(dot)yesdeathpenalty.com/deathpenalty_co
yesdeathpenalty.googlepages.com/home2 (Sweden)
www(dot)wesleylowe.com/cp.html
1) "Chaplain Discusses 'Death House' Ministry", Interview, Legal Affairs, FRESH AIR, NPR, May 19, 2007.
2) THE FAILURE INTERVIEW: REVEREND CARROLL PICKETT—AUTHOR OF "WITHIN THESE WALLS: MEMOIRS OF A DEATH HOUSE CHAPLAIN" Interview, by Kathleen A. Ervin
www(DOT)failuremag.com/arch_history_carroll_pickett_interview.html
3) "The Execution: Interview with Reverend Carroll Pickett", PBS, FRONTLINE, 1999
www(DOT)pbs.org/wgbh/pages/frontline/shows/execution/readings/pickett.html
4) "Appellate court refuses to stay killer's execution", Kathy Fair, HOUSTON CHRONICLE, Section A, Page 1, 2 Star edition, 05/23/1991
I am not sure what to say after reading all of this information. It is overwhelming to me! I have often wondered why there was a death penalty mainly because of possible innocence! I would put myself in the situation and think what if I knew I was innocent of a crime, but no one would believe me?! Food for thought.....Thanks, Cindi
Thank you very much for your comments, Mr. Sharp. I hope everyone who reads them will watch the film because it is an inspiring story of an extraordinary ministry, with kindness and compassion to some of society's most troubled souls and greatest transgressors.
For more information on the issues surrounding the death penalty, I recommend The Death Penalty Information Center and for a religious assessment of the issues, Religious Tolerance. The ACLU's site and the NCADP are good resources for opponents of the death penalty.
Mr. Sharp, you have devoted a great deal of time and effort trying to vindicate your feelings of vengeance and anger. I understand your bitterness. Some of these people (not all) have committed terrible actions, and it is tempting to avert your eyes from all consideration of why-- child abuse, mental retardation, mistreatment-- because complexity dilutes the feeling of righteous indignation you feel when you play the sword of an avenging angel. But the point is that every serious study of capital punishment for more than 50 years (starting with Arthur Koestler's classic, "Hanged By The Neck," and going through the Northwestern Law School innocence project, has supported Reverend Pickett's basic position. You'll have to do better than looking for inconsistencies in Reverend Pickett's statements to begin to address the underlying injustice.
Most appalling, when Texas made capital punishment a high volume business under Governor Bush, the person in charge of the final evaluation before execution was Alberto Gonzalez, the same man who repeatedly embarrassed himself and the Justice Department last year by testifying that he never bothered to read, think about, or lose a moment's sleep over anything that Bush instructed him to do. God only knows how many innocent people he sent to their death just because he lacked the curiosity to open the file.
The Death Penalty: More Protection for Innocents
Dudley Sharp, Justice Matters, contact info below
Often, the death penalty dialogue gravitates to the subject of innocents at risk of execution. Seldom is a more common problem reviewed. That is, how innocents are more at risk without the death penalty.
Living murderers, in prison, after release or escape or after our failures to incarcerate them, are much more likely to harm and murder, again, than are executed murderers.
This is a truism.
No knowledgeable and honest party questions that the death penalty has the most extensive due process protections in US criminal law.
Therefore, actual innocents are more likely to be sentenced to life imprisonment and more likely to die in prison serving under that sentence, that it is that an actual innocent will be executed.
That is. logically, conclusive.
16 recent studies, inclusive of their defenses, find for death penalty deterrence.
A surprise? No.
Life is preferred over death. Death is feared more than life.
Some believe that all studies with contrary findings negate those 16 studies. They don't. Studies which don't find for deterrence don't say no one is deterred, but that they couldn't measure those deterred.
What prospect of a negative outcome doesn't deter some? There isn't one . . . although committed anti death penalty folk may say the death penalty is the only one.
However, the premier anti death penalty scholar accepts it as a given that the death penalty is a deterrent, but does not believe it to be a greater deterrent than a life sentence. Yet, the evidence is compelling and un refuted that death is feared more than life.
"This evidence greatly unsettles moral objections to the death penalty, because it suggests that a refusal to impose that penalty condemns numerous innocent people to death." (1)
" . . . a serious commitment to the sanctity of human life may well compel, rather than forbid, (capital) punishment." (1)
"Recent evidence suggests that capital punishment may have a significant deterrent effect, preventing as many as eighteen or more murders for each execution." (1)
Some death penalty opponents argue against death penalty deterrence, stating that it's a harsher penalty to be locked up without any possibility of getting out.
Reality paints a very different picture.
What percentage of capital murderers seek a plea bargain to a death sentence? Zero or close to it. They prefer long term imprisonment.
What percentage of convicted capital murderers argue for execution in the penalty phase of their capital trial? Zero or close to it. They prefer long term imprisonment.
What percentage of death row inmates waive their appeals and speed up the execution process? Nearly zero. They prefer long term imprisonment.
This is not, even remotely, in dispute.
Life is preferred over death. Death is feared more than life.
Furthermore, history tells us that "lifers" have many ways to get out: Pardon, commutation, escape, clerical error, change in the law, etc.
In choosing to end the death penalty, or in choosing not implement it, some have chosen to spare murderers at the cost of sacrificing more innocent lives.
--------
Furthermore, possibly we have sentenced 20-25 actually innocent people to death since 1973, or 0.3% of those so sentenced. Those have all been released upon post conviction review. The anti death penalty claims, that the numbers are significantly higher, are a fraud, easily discoverable by fact checking.
6 inmates have been released from death row because of DNA evidence. An additional 9 were released from prison, because of DNA exclusion, who had previously been sentenced to death.
The innocents deception of death penalty opponents has been getting exposure for many years. Even the behemoth of anti death penalty newspapers -- The New York Times -- has recognized that deception.
"To be sure, 30 or 40 categorically innocent people have been released from death row . . . ". ' (2) This when death penalty opponents were claiming the release of 119 "innocents" from death row. Death penalty opponents never required actual innocence in order for cases to be added to their "exonerated" or "innocents" list. They simply invented their own definitions for exonerated and innocent and deceptively shoe horned large numbers of inmates into those definitions - something easily discovered with fact checking.
There is no proof of an innocent executed in the US, at least since 1900.
If we accept that the best predictor of future performance is past performance, we can reasonable conclude that the DNA cases will be excluded prior to trial, and that for the next 8000 death sentences, that we will experience a 99.8% accuracy rate in actual guilt convictions. This improved accuracy rate does not include the many additional safeguards that have been added to the system, over and above DNA testing.
Of all the government programs in the world, that put innocents at risk, is there one with a safer record and with greater protections than the US death penalty?
Unlikely.
-----------------------
Full report - All Innocence Issues: The Death Penalty, upon request.
Full report - The Death Penalty as a Deterrent, upon request
(1) From the Executive Summary of
Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs, March 2005
Prof. Cass R. Sunstein, Cass_Sunstein(AT)law.uchicago.edu
Prof. Adrian Vermeule , avermeule(AT)law.harvard.edu
Full report http://aei-brookings.org/admin/authorpdfs/page.php?id=1131
(2) "The Death of Innocents': A Reasonable Doubt",
New York Times Book Review, p 29, 1/23/05, Adam Liptak,
national legal correspondent for The NY Times
-----------------------------
Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
Pro death penalty sites
homicidesurvivors(dot)com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx
www(dot)dpinfo.com
www(dot)cjlf.org/deathpenalty/DPinformation.htm
www(dot)clarkprosecutor.org/html/links/dplinks.htm
www(dot)coastda.com/archives.html
www(dot)lexingtonprosecutor.com/death_penalty_debate.htm
www(dot)prodeathpenalty.com
www(dot)yesdeathpenalty.com/deathpenalty_co
yesdeathpenalty.googlepages.com/home2 (Sweden)
www(dot)wesleylowe.com/cp.html
Permission for distribution of this document, in whole or in part, is approved with proper attribution.
Dear Iorek:
No vengeance or bitterness. Just accuracy. Of course, murderers taking innocent lives does generate some anger, one would hope.
Please review:
The Death Penalty: Neither Hatred nor Revenge
Dudley Sharp, Justice Matters, contact info below
Death penalty opponents say that the death penalty has a foundation in hatred and revenge. Such is a false claim.
A death sentence requires pre existing statutes, trial and appeals, considerations of guilt and due process, to name but a few. Revenge requires none of these and, in fact, does not even require guilt or a crime.
The criminal justice system goes out of its way to take hatred and revenge out of the process. That is why we have a system of pre existing laws and legal procedures that offer extreme protections to defendants and those convicted and which provide statutes and sanctions which existed prior to the crime.
It is also why those directly affected by the murder are not allowed to be fact finders in the case.
The reality is that the pre trial, trial. appellate and executive clemency/commutation processes offer much greater time and human resources to capital cases than they do to any other cases, meaning that the facts tell us that defendants and convicted murderers, subject to the death penalty, receive much greater care and concern than those not facing the death penalty - the opposite of a system marked with vengeance.
Calling executions a product of hatred and revenge is simply a way in which some death penalty opponents attempt to establish a sense of moral superiority. It can also be a transparent insult which results in additional hurt to those victim survivors who have already suffered so much and who believe that execution is the appropriate punishment for those who murdered their loved one(s).
Far from moral superiority, those who call capital punishment an expression of hatred and revenge are often exhibiting their contempt for those who believe differently than they do. Instead, they might reflect on why others believe it is a just and deserved sanction for the crimes committed.
The pro death penalty position is based upon those who find that punishment just and appropriate under specific circumstances.
Those opposed to execution cannot prove a foundation of hatred and revenge for the death penalty any more than they can for any other punishment sought within a system such as that observed within the US - unless such opponents find all punishments a product of hatred and revenge - an unreasonable, unfounded position
Far from hatred and revenge, the death penalty represents our greatest condemnation for a crime of unequaled horror and consequence. Lesser punishments may suffice under some circumstances. A death sentence for certain heinous crimes is given in those special circumstances when a jury finds such is more just than a lesser sentence.
Less justice is not what we need.
A thorough review of the criminal justice system will often beg this question: Why have we chosen to be so generous to murderers and so contemptuous of the human rights and suffering of the victims and future victims?
The punishment of death is, in no way, a balancing between harm and punishment, because the innocent murder victim did not deserve or earn their fate, whereas the murderer has earned their own, deserved punishment by the free will action of violating societies laws and an individuals life and, thereby, voluntarily subjecting themselves to that jurisdictions judgment.
copyright 2001-2008 Dudley Sharp, Permission for distribution of this document, in whole or in part, is approved with proper attribution.
Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
Pro death penalty sites
http://homicidesurvivors.com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx
www.dpinfo.com
www.cjlf.org/deathpenalty/DPinformation.htm
www.clarkprosecutor.org/html/links/dplinks.htm
www.coastda.com/archives.html
www.lexingtonprosecutor.com/death_penalty_debate.htm
www.prodeathpenalty.com
http://yesdeathpenalty.googlepages.com/home2 (Sweden)
www.wesleylowe.com/cp.html
It is important to note that the extraordinary ministry involves a minister that has a very diffcult time with the facts and Rev. Pickett has made no public effort to correct my review. That should be of some concern.
The disputed facts are very important and everyone should care about accuracy.
It should e noted that your references, The Death Penalty Information Center, Religious Tolerance. the ACLU's site and the NCADP are all anti death penalty sites. You may be unaware of that.
I would be happy to review that assesment with you.
For both your own research, as well as for the benefit of your readers, it is important to look at both sides of the debate.
Here is a brief review, below. There are links to some pro death penalty sites, in my prior posts.
The Death Penalty in the US: A Review
Dudley Sharp, Justice Matters, contact info below
NOTE: Detailed review of any of the below topics, or others, is available upon request
In this brief format, the reality of the death penalty in the United States, is presented, with the hope that the media, public policy makers and others will make an effort to present a balanced view on this sanction.
Innocence Issues
Death Penalty opponents have proclaimed that 130 inmates have been "released from death row with evidence of their innocence", in the US, since the modern death penalty era began, post Furman v Georgia (1972).
The number is a fraud.
Those opponents have intentionally included both the factually innocent (the "I truly had nothing to do with the murder" cases) and the legally innocent (the "I got off because of legal errors" cases), thereby fraudulently raising the "innocent" numbers. This is easily confirmed by fact checking.
Death penalty opponents claim that 24 such innocence cases are in Florida. The Florida Commission on Capital Cases found that 4 of those 24 MIGHT be innocent -- an 83% error rate in for the claims of death penalty opponents. Other studies show their error rate to be about 70%. The totality of reviews points to an 80% error/fraud rate in these claims, or about 26 cases - a 0.3% actual guilt error rate for the nearly 8000 sentenced to death since 1973.
The actual innocents were all freed.
It is often claimed that 23 innocents have been executed in the US since 1900. Nonsense. Even the authors of that "23 innocents executed" study proclaimed "We agree with our critics, we never proved those (23) executed to be innocent; we never claimed that we had." While no one would claim that an innocent has never been executed, there is no proof of an innocent executed in the US, at least since 1900.
No one disputes that innocents are found guilty, within all countries. However, when scrutinizing death penalty opponents claims, we find that when reviewing the accuracy of verdicts and the post conviction thoroughness of discovering those actually innocent incarcerated, that the US death penalty process may be one of the most accurate criminal justice sanctions in the world.
Under real world scenarios, not executing murderers will always put many more innocents at risk, than will ever be put at risk of execution.
Deterrence Issues
16 recent US studies, inclusive of their defenses, find a deterrent effect of the death penalty.
All the studies which have not found a deterrent effect of the death penalty have refused to say that it does not deter some. The studies finding for deterrence state such. Confusion arises when people think that a simple comparison of murder rates and executions, or the lack thereof, can tell the tale of deterrence. It cannot.
Both high and low murder rates are found within death penalty and non death penalty jurisdictions, be it Singapore, South Africa, Sweden or Japan, or the US states of Michigan and Delaware. Many factors are involved in such evaluations. Reason and common sense tell us that it would be remarkable to find that the most severe criminal sanction -- execution -- deterred none. No one is foolish enough to suggest that the potential for negative consequences does not deter the behavior of some. Therefore, regardless of jurisdiction, having the death penalty will always be an added deterrent to murders, over and above any lesser punishments.
Racial issues
White murderers are twice as likely to be executed in the US as are black murderers and are executed, on average, 12 months more quickly than are black death row inmates.
It is often stated that it is the race of the victim which decides who is prosecuted in death penalty cases. Although blacks and whites make up about an equal number of murder victims, capital cases are 6 times more likely to involve white victim murders than black victim murders. This, so the logic goes, is proof that the US only cares about white victims.
Hardly. Only capital murders, not all murders, are subject to a capital indictment. Generally, a capital murder is limited to murders plus secondary aggravating factors, such as murders involving burglary, carjacking, rape, and additional murders, such as police murders, serial and multiple murders. White victims are, overwhelmingly, the victims under those circumstances, in ratios nearly identical to the cases found on death row.
Any other racial combinations of defendants and/or their victims in death penalty cases, is a reflection of the crimes committed and not any racial bias within the system, as confirmed by studies from the Rand Corporation (1991), Smith College (1994), U of Maryland (2002), New Jersey Supreme Court (2003) and by a view of criminal justice statistics, within a framework of the secondary aggravating factors necessary for capital indictments.
Class issues
No one disputes that wealthier defendants can hire better lawyers and, therefore, should have a legal advantage over their poorer counterparts. The US has executed about 0.15% of all murderers since new death penalty statutes were enacted in 1973. Is there evidence that wealthier capital murderers are less likely to be executed than their poorer ilk, based upon the proportion of capital murders committed by different those different economic groups? Not to my knowledge.
Arbitrary and capricious
About 10% of all murders within the US might qualify for a death penalty eligible trial. That would be about 64,000 murders since 1973. We have sentenced 8000 murderers to death since then, or 13% of those eligible. I doubt that there is any other crime which receives a higher percentage of maximum sentences, when mandatory sentences are not available. Based upon that, as well as pre trial, trial, appellate and clemency/commutation realities, the US death penalty is likely the least arbitrary and capricious criminal sanctions in the US.
Christianity and the death penalty
The two most authoritative New Testament scholars, Saints Augustine and Aquinas, provide substantial biblical and theological support for the death penalty. Even the most well known anti death penalty personality in the US, Sister Helen Prejean, author of Dead Man Walking, states that "It is abundantly clear that the Bible depicts murder as a capital crime for which death is considered the appropriate punishment, and one is hard pressed to find a biblical 'proof text' in either the Hebrew Testament or the New Testament which unequivocally refutes this. Even Jesus' admonition 'Let him without sin cast the first stone,' when He was asked the appropriate punishment for an adulteress (John 8:7) -- the Mosaic Law prescribed death -- should be read in its proper context. This passage is an 'entrapment' story, which sought to show Jesus' wisdom in besting His adversaries. It is not an ethical pronouncement about capital punishment." A thorough review of Pope John Paul II's position, reflects a reasoning that should be recommending more executions.
Cost Issues
All studies finding the death penalty to be more expensive than life without parole exclude important factors, such as (1) geriatric care costs, recently found to be $69,0000/yr/inmate, (2) the death penalty cost benefit of providing for plea bargains to a maximum life sentence, a huge cost savings to the state, (3) the death penalty cost benefit of both enhanced deterrence and enhanced incapacitation, at $5 million per innocent life spared, and, furthermore, (4) many of the alleged cost comparison studies are highly deceptive.
Polling data
76% of Americans find that we should impose the death penalty more or that we impose it about right (Gallup, May 2006 - 51% that we should impose it more, 25% that we impose it about right)
71% find capital punishment morally acceptable - that was the highest percentage answer for all questions (Gallup, April 2006, moral values poll). In May, 2007, the percentage dropped to 66%, still the highest percentage answer, with 27% opposed. (Gallup, 5/29/07)
81% of the American people supported the execution of Timothy McVeigh, with only 16% opposed. "(T)his view appears to be the consensus of all major groups in society, including men, women, whites, nonwhites, "liberals" and "conservatives." (Gallup 5/2/01).
81% of Connecticut citizens supported the execution of serial rapist/murderer Michael Ross (Jan 2005).
While 81% gave specific case support for Timothy McVeigh's execution, Gallup also showed a 65% support AT THE SAME TIME when asked a general "do you support capital punishment for murderers?" question. (Gallup, 6/10/01).
22% of those supporting McVeigh's execution are, generally, against the death penalty (Gallup 5/02/01). That means that about half of those who say they oppose the death penalty, with the general question, actually support the death penalty under specific circumstances, just as it is imposed, judicially.
Further supporting the higher rates for specific cases, is this, from the French daily Le Monde December 2006 (1): Percentage of respondents in favor of executing Saddam Hussein:USA: 82%; Great Britain: 69%; France: 58%; Germany: 53%; Spain: 51%; Italy: 46%
Death penalty support is much deeper and much wider than we are often led to believe, with 50% of those who say they, generally, oppose the death penalty actually supporting it under specific circumstances, resulting in 80% death penalty support in the US, as recently as December 2006.
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Whatever your feelings are toward the death penalty, a fair accounting of how it is applied should be demanded.
copyright 1998-2008 Dudley Sharp
Permission for distribution of this document, in whole or in part, is approved with proper attribution.
Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
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