I don’t know if Troy Davis was innocent,
but I do know that the evidence for demanding a re-examination of his
conviction, including the recanted testimony of most of the witnesses
against him, was overwhelming.
But of course that is now beside the
point, which is exactly what is so wrong about the use of the death
penalty. No matter what evidence of innocence might be produced in the
future, it is of consequence no longer.
That is a compelling argument against the
death penalty—no room for correction—but there are others. The most
egregious argument for capital punishment is the claim that the finality
of officially condoned killing is a necessary guarantor of civilized
order.
Egregious because it is not possible to make that case without
explaining why most of the democratic societies that we admire shun the
death penalty as contrary to their most deeply held values.
Or is it China, Iran, North Korea and
Yemen, which, along with the United States, led the world in government
executions, that we most admire? There is something stunningly
disgraceful about the company we keep on this issue.
As Amnesty International—the world’s
premier human rights organization, which deserves high marks for its
anti-death penalty campaign—points out, more than two-thirds of the
world’s nations have abolished the death penalty in law or practice.
I
defy anyone to compare the list of countries that have retained the
death penalty with those that have abolished it and then conclude that
it serves a needed purpose.
It is obvious from the experience of those
nations without the death penalty and our own 17 states that have banned
capital punishment that this barbaric custom is not a necessary, let
alone efficient, means for ensuring public safety. Due process in the
United States, which claims to have an enlightened legal system,
requires death penalty procedures that are costlier than appropriate
incarceration.
Governments that cling to this primitive ritual of state-sanctioned
murder do so not to induce respect for law but rather to indulge a lust
for vengeance.
Toward that end it would be far more honest to have the
bound prisoner stoned to death by the governors, state legislators,
prosecutors and judges who support the death penalty rather than
employing lethal injections by disengaged technicians.
Forcing them to
be the executioners in actual practice rather than as a matter of legal
theory would compel a far greater sense of personal responsibility than
politicians and some others tend to exhibit on the matter.
From my own experience as a journalist
covering this issue, the vast majority of politicians who defend capital
punishment do so out of rank opportunism, which they demonstrate,
particularly when the conversation is off the record, by citing polling
numbers rather than evidence of the death penalty as a capital crime
deterrent.
As I waited for the news of Troy Davis’
fate, my thoughts kept returning to that day in 1960 when we Berkeley
students picketed the California governor’s office in pleading for a
stay in the execution of convicted rapist Caryl Chessman, who was never
accused of murder.
It didn’t come because Gov. Pat Brown, despite his
deep reservations about the case, had succumbed to public opinion. I
never imagined then that more than half a century later the death
penalty would still be enforced. That it is mocks our claim to be a
moral leader in this world.
It is appropriate that we grieve for the
slain police officer, Mark MacPhail, but if Davis was not the one with
the gun, as he claimed to the end, the true murderer will have gone
unpunished, as suggested by Davis’ haunting plea to the MacPhail family
minutes before he died: “I did not personally kill your son, father,
brother. All I can ask is that you look deeper into this case so you
really can finally see the truth.”
Execution is a means of summarily ending the pursuit of justice rather than advancing it.
This case was so freighted with
contradictions that a stay of execution was clearly in order. As Amnesty
International spokesperson Laura Moye stated: “Today Georgia didn’t
just kill Troy Davis, they killed the faith and confidence that many
Georgians, Americans, and Troy Davis supporters worldwide used to have
in our criminal justice system.”(X)
Robert Scheer is editor in chief of Truthdig.com, where this article originally appeared.