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Alexander Cockburn
Alexander Cockburn
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'Worse Than Death'

Comment

On March 18, Gov. Bill Richardson formally ended New Mexico's death penalty, ratifying votes for abolition by the State Senate and House. Richardson festooned the signing with language about this being the "most difficult decision" of his political life, arrived at only after he had toured the maximum-security unit where offenders sentenced to life without parole would be held. "My conclusion was those cells are something that may be worse than death," he said. "I believe this is a just punishment."

For Richardson the flaw with the death penalty lies in its imperfection. "Faced with the reality that our system for imposing the death penalty can never be perfect, my conscience compels me to replace the death penalty with a solution that keeps society safe." Embalmed in this self-serving verbiage are many pointers to how seriously the whole abolitionist cause has gone off the rails, fleeing the arduous moral battleground of Redemption and Revenge for the tempting pastures of Efficiency.

With the death penalty, irreversible mistakes bring the whole justice system into well-deserved disrepute. But of course the state has a ready answer, one conveniently cued for them by the abolitionists who have set the stage for the state to offer its substitute: life without the possibility of parole (LWOP) — living death, or in Richardson's creepy phrase, something "worse than death."

Also recruited into the abolitionists' arguments for efficiency have been pragmatic calculations that the death penalty is simply too expensive. It costs a ton of money, particularly in a state like California, to fight a death penalty case through the courts and the appeals process, pay for prosecutors and defenders to amass the data and the witnesses for the post-verdict penalty phases of the trial, get someone onto death row in San Quentin and then fight further endless battles over habeas corpus writs, stays of execution and so forth.

Bill Clinton did his best to speed up the conveyor belt by signing the Antiterrorism and Effective Death Penalty Act of 1996. But it's still a hugely expensive hassle to line things up so lethal injection can proceed. Against all this, what's brisker than the offer of LWOP as part of a plea bargain? Sign on the dotted line. Pack the prisoner off to a concrete box and throw away the key. As the Dallas Morning News editorialized in support of LWOP for Texas: "It's harsh. It's just. And it's final without being irreversible. Call it a living death."

Nothing much is going to change in New Mexico, except for the worse. The state has only formally executed one man since 1960: Terry Clark, a child-killer, had his appointment with the lethal needle in 2001. This number may soon swell to three because the two men on death row face execution because they were condemned to die before abolition comes into legal force on July 1.

Presumably their chances of commutation have diminished, since no one wants to be accused of giving killers anything resembling a lucky break.

Meanwhile, the number of convicted people drawing the "living death" card will go up, as juries will likely find it easier to sentence defendants to living death — LWOP — with less worry about the irreversibility of a mistaken death sentence. When I drive south to the Bay Area, I pass San Quentin, where 641 prisoners sit on death row. In the very unlikely event they get executed, they will have waited an average of 17.5 years from the moment they were condemned. Thirteen people have been executed in California since the U.S. Supreme Court allowed capital punishment to resume in 1976. When I drive from Crescent City, with its supermax Pelican Bay prison, down Highway 101, jog over to Redding and head south on Interstate 5 to Los Angeles, I traverse a Gulag Archipelago in which thousands of prisoners are serving decade upon decade of hard time, with hundreds of them in solitary confinement, often for years on end. Yet it is the situation of the 641 that elicits maybe 98 percent of the energies of reformers.

How many prisoners nationally are under sentence of "living death"? The Sentencing Project in Washington, D.C., says there were 33,633 people serving life sentences without parole in the United States in 2003, which is 26.3 percent of the total number of people serving life sentences. The analyst at the Sentencing Project says that they have tried to determine how many people are effectively serving life sentences without parole (i.e., life plus extra years), but that it's been a nightmare to do so. They don't even have a ballpark estimate.

The irony is that a moral debate is finally in motion over America's horrifying sentencing laws. In New York state, the Rockefeller drug laws, which destroyed so many thousands of lives with mandatory sentencing, are being modified. Sen. Jim Webb of Virginia is courageously trying to coax into life a national commission to review the criminal justice system. Webb tells the Washington Post that cops and prosecutors often target the wrong people and says he believes society can be made safer while making the system more "humane and cost-effective." He flourishes a fine piece by Atul Gawande in the March 30 issue of The New Yorker stigmatizing solitary confinement ("at least twenty-five thousand inmates in isolation in supermax prisons") as torture.

Humane! Now there's a novel word. Maybe the notion of prison time as a path to redemption for murderers and pickpockets will creep through a crevice in the wall of prejudice that shields the national and political posture on crime and punishment from rationality.

Alexander Cockburn is coeditor with Jeffrey St. Clair of the muckraking newsletter CounterPunch. He is also co-author of the new book "Dime's Worth of Difference: Beyond the Lesser of Two Evils," available through www.counterpunch.com. To find out more about Alexander Cockburn and read features by other columnists and cartoonists, visit the Creators Syndicate Web page at www.creators.com.

COPYRIGHT 2009 CREATORS SYNDICATE, INC.



Comments

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Sir;...There are a lot of things worse than death...That is no reason to dirty the hands of the moral by killing... The natives in primitive societies had the right Idea...If some one needed killing, then make their own do the deed.... We see this in the story of Orestes killing his mother for killing Agamemnon; but it exists in places up to the present moment... The true object of capital punishment as controled by the state is to deny vengeance its cause...Yet, when capital punishment is sold, it is sold as vengeance... A feud society would be better... At least there, each community would have control over their own, and no one would kill them with impunity but their own....There was group responsibility...Each group was a law to their own because each in the group might suffer if one of theirs broke the peace... Now, communities with authority are a thing of the past, broken down by the monolith of law... Does that stop any group from being held responsible for the crimes of their own??? Does that stop any group whose members are punished for the crimes of a few from seeking justice, or needing justice...Law that has destroyed so many communities by the destruction of their authority over the individual has failed to bring us peace....Law has destroyed their best friend... Does anyone believe that we do not kill blacks and hispanics to teach them all a lesson???What is the lesson; but to seek revenge and to strike first??? Capital punishment does not work...Law does not work... As evidence, I submit the vast number of stupid, greedy, and offensive moves made in the process of destroying our economy that were legal...Does it matter that we have 5% of the world's population, and 25% of the world's prisoners behind our bars??? We do not think we can live without Law... Well; not without something to replace it, and law has destroyed the power of the community, which is the only thing that could have replaced it....So there is no limit to the power and money law needs, and will demand, to do as communities did for free... We are supporting a huge overburden of law and law enforcement with judges and lawyers all getting paid.... It does no good...It is money for nothing... It is more crazy-ness.... It is madness....Thanks...Sweeney
Comment: #1
Posted by: James A, Sweeney
Fri Apr 3, 2009 7:27 AM
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