“If Governor Scott would just sit with me and others like me, I know he will veto this bill that, if it had been law, would have ended my life.”

That’s Seth Penalver, who was exonerated after 18 years when evidence of innocence was uncovered.

Here’s what he’s talking about:

In the final days of the legislative session, the Florida legislature passed a bill which limits the appeals and speeds up the execution process of those on death row.

On Wednesday, at an event sponsored by the American Civil Liberties Union, two former Death Row inmates who were later exonerated plan to publicly ask for a meeting with Governor Rick Scott to urge him not to sign the measure.

HB 7083, the so-called “Timely Justice Act” limits appeals and requires that when these limited and shortened appeals are exhausted, “Within 30 days after receiving the letter of certification from the clerk of the Florida Supreme Court, the Governor shall issue a warrant for execution if the executive clemency process has concluded, directing the warden to execute the sentence within 180 days, at a time designated in the warrant.”

So, you know, it’s either timely “justice” or it’s grave injustice. But either way, it’s quick. And apparently Florida legislators just like their justice or injustice to happen quickly.

If you have to kill a few innocent people in order to get revenge as fast as possible against several dozen guilty people, well, that’s a good deal, right?

I’ll just go ahead and answer my own question: No, Florida, it’s not.

(Via)

(Source: miami.cbslocal.com)

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Nebraska’s Death Penalty

Nebraska’s death penalty is arbitrary, unfair, expensive, and useless … in short, it’s hopelessly, hopelessly broken:

Since 1976, when the U.S. Supreme Court affirmed the constitutionality of capital punishment, Nebraska has spent an estimated $100 million on death penalty cases and executed three people.

“Why do we have something on our books that is so inefficient? So costly?” asked Sen. Colby Coash of Lincoln, who also once supported the death penalty.

Coash said Nebraska would never again carry out an execution because it was becoming increasingly difficult to get lethal injection drugs.

“There isn’t going to be another execution in this state,” he said. “It’s not gonna happen.

“What good has the death penalty done for our citizens? What good has been done?” Coash asked. “Without an execution, the death penalty is pretty meaningless. It hasn’t saved money. It hasn’t deterred any crime.”

But that doesn’t mean the the legislature is going to repeal the broken, useless, costly, and morally bankrupt “ultimate punishment”:

For the first time in 34 years, a majority of Nebraska lawmakers seems to support abolishing the state’s death penalty.

But a bill they considered Monday to do so appears to be going nowhere since a ”test vote” showed there probably is not enough support to stop a filibuster.

You read that right. A majority of legislators support repeal, but not enough to stop a filibuster or override a veto:

Custom dictates first-round debate on a bill can last as long as eight hours. At that point, it takes 33 of the 49 senators’ votes to end debate and move to a vote.

But after Omaha Sen. Beau McCoy launched a filibuster against the measure, Sen. Brad Ashford of Omaha decided to float a trial balloon by filing a motion to kill the bill and then asking for a vote to gauge support.

A vote against killing the bill was, in essence, a vote in support of abolishing the death penalty. The tally was 18 for killing the bill and 26 against — more than the 25 needed to advance the bill to second-round debate but not the 33 needed to end the filibuster or even the 30 required to override an expected veto by Gov. Dave Heineman.

Lawmakers will reach the eight-hour limit Tuesday. Speaker Greg Adams usually will not bring a bill back for further debate at that point unless supporters can prove they have the 33 votes to end the filibuster.

That’s some mighty impressive leadership right there.

(Source: journalstar.com)

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Are you a Nebraskan? Do you happen to know any?
LB 543, a bill to replace the death penalty with life without parole, is up for debate in the Nebraska Unicameral Legislature.
So click here to tell your state senator that the death penalty is broken and ought to be repealed. Share this link with all the Nebraskans you know and urge them to get in touch with their state senators.

Are you a Nebraskan? Do you happen to know any?

LB 543, a bill to replace the death penalty with life without parole, is up for debate in the Nebraska Unicameral Legislature.

So click here to tell your state senator that the death penalty is broken and ought to be repealed. Share this link with all the Nebraskans you know and urge them to get in touch with their state senators.

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Good News!

After years and years of writing and lecturing about the death penalty, as well as protesting it, I’ve finally caught the attention of noted death penalty troll Dudley Sharp.

In fact, I’m willing to bet he’ll comment on this post before the day is out.

Mr. Sharp owns or is somehow affiliated with just about every domain name that a high school student who was writing a term paper about the death penalty would visit: ProDeathPenalty.com; MurderVictims.com; JusticeForAll.net; ProDPinNC.com; and HomicideSurvivors.com

Sharp doesn’t seem to have any special resources that qualify him to do the work he does; he doesn’t actually do any research of his own on the death penalty. He’s not a political scientist, criminologist, economist, or sociologist, nor does he seem to be an expert on public policy, human behavior, crime, or victimization.

His full-time job, as far as I can tell, is to search the internet for virtually any mention of the death penalty and then extensively comment on the article, blog post, op-ed, or photoset in question. His comments are always pretty much the same variation on this theme (which makes sense since he’s just copying and pasting over and over and over): “The author of these facts is just repeating lies that (s)he read somewhere on the internet. Here are ten links to my own several websites with different facts. My facts are all true.”

Sharp took this tack when I wrote a piece that questioned the studies that tout some magical deterrent effect of the death penalty in a recent blog post. Here is the crux of his complaint (spaced out across four link-filled comments on the same article):

The Running Chcken criticism of Mr. Nold, is guilty of doing what it accuses Mr. Nold.

The RC blindly accepts the 142 “exonerated” when these numbers have been part of a well known fraud, for over a decade.

On deterrence, all of the criticism of the deterrence studies has either been rebutted or will be.

There is a class of criticism which the deterrence authors will not waste their time criticizing….

There is zero evidence that the death penalty deters none. I fact, no credible person can say the death penalty deters none.

The only issue is how much does it deter. An answer for which there will never be a satisfactory answer.

My reply was, I think, fairly straightforward:

The 142 innocents claim was Mr. Nold’s, as were the websites where I found the papers that stood against Mr. Nold’s claims. I mentioned this in my response to Mr. Nold’s op-ed. Perhaps you missed that. What’s more, each of the papers I quote is cited at the link I (and Mr. Nold) provide. In your blog posts, there are no citations and thus no way to access the papers you quote.

Your work is known to me; you have the remarkable ability to comment on every single piece on the internet that mentiones “capital punishment” or “death penalty” and your responses are always exactly the same: “I, Dudley Sharp, have concluded that this is an obvious fact based on my own knowledge.” Despite the impressive amount of time you must devote to this trolling of the internet, I remain unconvinced by you and the three people whose work you believe is authoritative on deterrence. Instead, I’ll throw my lot in with all those who caution the abuse of statistics to make a public policy point. Their work suggests that the only answer we can reliably give on the deterrence question is, “We just don’t know for sure.” With the conclusion, you could continue to support the death penalty and I could continue to oppose it since I’m sure we both have plenty of other reasons for our positions. And that way we’re not saying, as you are, that the statistics clearly prove something that, at this point, they clearly do not.

Amazingly, Sharp did not reply.

Instead, he sent me (and, apparently, every faculty member of the Nebraska College of Law, all of Nebraska’s elected officials, members of the Nebraska media, and the Nebraska County Attorneys Association) four unsolicited email messages chock full of quotes from the Old Testament and philosophers like John Locke, links to posts on his various websites, and a bunch of desperate claims of the sort that people who love executions cling to. Here’s one of my favorites:

Double digit annual executions stopped in the US in 1964 and resumed in 1984.
 
During that period, murders increased by 100%
 
murders in 1964    9,360
 
murders in 1984    18,670

For Sharp, the only possible explanation is not enough use of the death penalty. Apparently population size remained constant over that twenty year time period and nothing of sociological significance took place.

Amazingly, Sharp isn’t embarrassed by this sort of ridiculous inference. In fact, he seems proud of it, posting it all over the internet and sending it to hundreds of individuals in states that are considering death penalty repeal. I suspect he actually thinks that murder rates when up because double digit annual executions weren’t taking place. I also suspect that nothing will ever convince him otherwise.

Happily, Sharp is losing. That’s why he’s been so aggressively trolling the internet for the past five or six years. The number of people who think he’s right about any of his claims — that innocent people pretty much never get sentenced to death; that the death penalty deters tons of murderers; that Christians should all obviously support the death penalty; that the death penalty is less expensive than life imprisonment; and a host of other arguments that don’t withstand even casual scrutiny — is in sharp decline. That’s why he needs to keep spamming people with links to his web empire of junk statistics. And that’s why state legislature after state legislature keeps voting for repeal.

The death penalty doesn’t work; it’s terrible public policy and it’s a moral morass. All over the world, people are coming around to this way of thinking, slowly but surely, and no amount of internet trolling is going to convince them otherwise.

If you check the comments below, in an hour or two I’m sure Mr. Sharp will tell you why I’m lying to you. Maybe he’ll even explain the ridiculous 1964-1984 murder rate stat that I pulled from his email to me … though I’m sure he’ll do so with a link to some more nonsense on one of his many websites.

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Most Reprehensible Reaction Award

In the aftermath of any tragedy — whether man-made or natural — it’s not hard to find the finalists for the “Most Reprehensible Reaction” award.

People like Senator Lindsey Graham, who urged the Obama administration to label the suspect an enemy combatant so we could more easily ignore his rights, thought they had this award locked down. But they’ve got competition.

At the top of the list is surely “journalist” Howie Carr, who wrote a deliriously Islamophobic, anti-immigrant, anti-refugee, anti-liberal opinion piece for the Boston Herald today that begins with this:

So once again, no good deed goes unpunished.

Uncle Sam lets another bunch of leeching future terrorists into the country who have absolutely no business being here, gives them “asylum,” making them immediately eligible for welfare, and this is the thanks we get?

They turn into mass murderers.

We bring in thousands of Muslims from a primitive society that has been battling Christians for centuries, and put them into a peaceful Christian society — what could possible go wrong?

But before we pronounce Carr the outright winner, let’s not forget New York State Senator Greg Ball, who took to Twitter to suggest that our government ought to hurry up and torture the Boston bombing suspect:

When he faced criticism for this position, he doubled down: “If people find that offensive, they’re going to have to check their own conscience.”

He then managed to turn the whole episode into a good example of why New York needs the death penalty, reminding us that, while we might have some moral qualms about torture, we can all rally behind executions.

I’m sure these few examples are just the beginning; of course, we have plenty of time before we have to actually announce the winner of the “Most Reprensible Reaction” award … and I haven’t even really looked at Facebook yet.

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Kirk Bloodsworth and Shujaa Graham, two former death row prisoners, cheer the end of the death penalty in Maryland, as the House of Delegates votes 82-56 in favor of repeal.
(Photo courtesy of Niaz Kasravi, via Witness to Innocence)

Kirk Bloodsworth and Shujaa Graham, two former death row prisoners, cheer the end of the death penalty in Maryland, as the House of Delegates votes 82-56 in favor of repeal.

(Photo courtesy of Niaz Kasravi, via Witness to Innocence)

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I saved this comment from yesterday’s post about a new death penalty abolition bill here in Nebraska because it embodies a great many things that are wrong with our thinking about capital punishment and about criminal justice more broadly.
The commenter takes issue with my argument that the death penalty is more expensive than life imprisonment without parole but does not address any of the other arguments I made against the death penalty in my post, all of which were included in the same sentence as my argument about cost. I wrote:
It would have been nice for the reporters to ask death proponents what they like about it since it’s more expensive than life imprisonment, since it’s biased with regard to both race and class, since it doesn’t deter criminals any more than the threat of life imprisonment, and since Nebraskans can’t actually make it work.
The problem is that when you isolate cost and argue that the death penalty could be made significantly cheaper, you exacerbate all of the other problems I mentioned. Appeals too expensive? Limit them. But then you run into the problem of racial and socio-economic bias that sends a disproportionate number of poor people of color to death row because they can’t afford their own attorneys and end up with whomever the government sends their way. Limiting appeals would certainly mean ignoring lots and lots of ineffective assistance of counsel claims. You also, of course, run into the problem of innocence. It would be interesting to ask all the people who have been exonerated and released from death row what they think about limiting appeals to cut costs.
The commenter is certainly correct that we could make the death penalty less expensive by doing away with many of the appeals that are available to the condemned. The commenter, a good American capitalist, even suggests that we could find a way to turn a tidy profit from our state killing. It seems to have worked well for China, where thousands of prisoners are executed each year, with few avenues for appeal and often with scant notice; and where prisoners’ organs are harvested and sold after the execution. Perhaps this sounds like a paradise to some; to me, it sounds like violation after violation of human rights.
Of course, behind all of this troubling rhetoric about limiting the appeals process to save money is the idea behind the phrase, “Kill the bastards and be done with it.” It is akin to saying, “I’m not using these rights right now, so I doubt they’re very important.” I think we would be hard-pressed to find any situation other than criminal justice in which so many American citizens cared so little about their rights. And it’s entirely bound up with those citizens’ utter inability to imagine themselves or anyone clsoe to them being affected in any way by the criminal justice system. It is the privileged position of those who are well-off, white, and safe. Another way to phrase this idea about killing “the bastards” is to say, “I will never find myself in prison, nor will anyone I love so it doesn’t matter to me what happens to people who are in prison.” It’s easy to argue for harsher sentences, worsening prison conditions, and a greased rail to the execution chamber when the resulting policy shifts will happen to other people, especially people we’ve demonized.
We could make the death penalty cheaper. We could kill more of “the bastards” and maybe even turn a profit like the Chinese. But then we’d better hope we don’t find ourselves in the wrong place at the wrong time and we’d better stop patting ourselves on the back about the centrality of justice and the rule of law to the American way of life.
With the way we currently carry out the death penalty, and with the narrow-minded vision we have of justice at this point anyway, I suppose it’s helpful to see that it could always get worse before it gets better. For my part, I’d prefer to just make things better right away.

I saved this comment from yesterday’s post about a new death penalty abolition bill here in Nebraska because it embodies a great many things that are wrong with our thinking about capital punishment and about criminal justice more broadly.

The commenter takes issue with my argument that the death penalty is more expensive than life imprisonment without parole but does not address any of the other arguments I made against the death penalty in my post, all of which were included in the same sentence as my argument about cost. I wrote:

It would have been nice for the reporters to ask death proponents what they like about it since it’s more expensive than life imprisonment, since it’s biased with regard to both race and class, since it doesn’t deter criminals any more than the threat of life imprisonment, and since Nebraskans can’t actually make it work.

The problem is that when you isolate cost and argue that the death penalty could be made significantly cheaper, you exacerbate all of the other problems I mentioned. Appeals too expensive? Limit them. But then you run into the problem of racial and socio-economic bias that sends a disproportionate number of poor people of color to death row because they can’t afford their own attorneys and end up with whomever the government sends their way. Limiting appeals would certainly mean ignoring lots and lots of ineffective assistance of counsel claims. You also, of course, run into the problem of innocence. It would be interesting to ask all the people who have been exonerated and released from death row what they think about limiting appeals to cut costs.

The commenter is certainly correct that we could make the death penalty less expensive by doing away with many of the appeals that are available to the condemned. The commenter, a good American capitalist, even suggests that we could find a way to turn a tidy profit from our state killing. It seems to have worked well for China, where thousands of prisoners are executed each year, with few avenues for appeal and often with scant notice; and where prisoners’ organs are harvested and sold after the execution. Perhaps this sounds like a paradise to some; to me, it sounds like violation after violation of human rights.

Of course, behind all of this troubling rhetoric about limiting the appeals process to save money is the idea behind the phrase, “Kill the bastards and be done with it.” It is akin to saying, “I’m not using these rights right now, so I doubt they’re very important.” I think we would be hard-pressed to find any situation other than criminal justice in which so many American citizens cared so little about their rights. And it’s entirely bound up with those citizens’ utter inability to imagine themselves or anyone clsoe to them being affected in any way by the criminal justice system. It is the privileged position of those who are well-off, white, and safe. Another way to phrase this idea about killing “the bastards” is to say, “I will never find myself in prison, nor will anyone I love so it doesn’t matter to me what happens to people who are in prison.” It’s easy to argue for harsher sentences, worsening prison conditions, and a greased rail to the execution chamber when the resulting policy shifts will happen to other people, especially people we’ve demonized.

We could make the death penalty cheaper. We could kill more of “the bastards” and maybe even turn a profit like the Chinese. But then we’d better hope we don’t find ourselves in the wrong place at the wrong time and we’d better stop patting ourselves on the back about the centrality of justice and the rule of law to the American way of life.

With the way we currently carry out the death penalty, and with the narrow-minded vision we have of justice at this point anyway, I suppose it’s helpful to see that it could always get worse before it gets better. For my part, I’d prefer to just make things better right away.

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