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STARVIN' FOR JUSTICE 2001
PRESS & PICTURE GALLERY
Death knell for the penalty?
Story from the Miami Herald
Photo Abe Bonowitz
Please note, the photo is not part of the Miami Herald article, it has been included for interest only
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It was on July 2, 1976, in the case of Gregg vs. Georgia, that the
Supreme Court cleared the way for the resumption of capital punishment in
the United States. For the next quarter century, opponents of the death
penalty had little to cheer as they watched in horror and impotence as
the machinery of state killing gained speed amid seemingly overwhelming
public support.
But there are signs that the tide is turning with surprising speed.
Driven by mounting evidence of deep flaws in the application of the death
penalty and fierce international criticism, a trend has emerged that may
eventually lead to the end of capital punishment -- though at present
debate centers on reform.
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It could not come too soon for abolitionists. By 1999, according to data
from Amnesty International, the United States was fifth in the world in
the number of persons executed, topped only by China, Iran, Saudi Arabia
and the Republic of Congo. If being in such sorry company were not
embarrassing enough, last year the United States moved up to No. 2 behind
China, which executes more prisoners than all other nations combined. Not
only does the United States put people to death on a scale rivaled only
by world-class human-rights violators; it also executes minors and
mentally retarded persons. Even China has abolished the practice of
executing minors; Yemen, Nigeria, Saudi Arabia, Iran and the United
States alone fail to respect international law barring such executions. 2
countries in the world execute the retarded: Uzbekistan and the United
States.
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It is for good reason that the death penalty is under siege along
domestic and international fronts. In the last 3 weeks alone:
The 1st World Conference for the Abolition of Capital Punishment was held
June 21-23 in Strasbourg, France. Supported by the European parliament
and leading international human-rights organizations, the conference
launched an appeal to the 87 nations that maintain the death penalty in
law or practice -- 124 countries have stopped applying capital
punishment. The conference was a clear indication that the withering
criticism President Bush faced in Europe regarding capital punishment is
only the 1st shot in an international abolitionist campaign, with the
United States its main target.
On June 27, the International Court of Justice, the UN's highest judicial
tribunal, ruled that the United States broke an international treaty when
the state of Arizona executed two German brothers. At the time of their
arrest and trial, the Germans were not notified of their right to consult
with their country's diplomats in the United States.
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Opponents of capital punishment held the 8th annual fast and vigil in
front of the U.S. Supreme Court last week. This year 300 people braved a
storm to attend a concert by Nashville-based rocker Steve Earle. "This is
the biggest crowd we've ever had," said Earle. "It's nowhere near as
heartbreaking to be a part of this movement as it used to be."
On July 2, Supreme Court Justice Sandra Day O'Connor, a supporter of
capital punishment, raised sharp questions about its application: "If
statistics are any indication, the system may well be allowing some
innocent defendants to be executed."
The same day, Missouri joined the growing list of states to ban the
execution of the mentally retarded.
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Efforts to make capital punishment less arbitrary, such as the proposed
Innocence Protection Act, which would create mandatory federal standards
for lawyers appointed to capital cases, are commendable but fall far
short. Capital punishment is fatally flawed because a definitive
punishment assumes perfect justice, something human beings and the
institutions they create never can achieve. Increasingly, the world will
force this country to make this choice. It can be the leading voice for
democracy and human rights. Or it can be a world leader in executions. It
cannot be both.
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(source: Opinion, Max Castro, Miami Herald)
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