NYS Assembly Hearing on the Death Penalty

 

I appreciate the opportunity to speak to this important issue.  I would like to address the death penalty question in two parts. One concerns the execution of those who may be innocent of the charges, the second those who are in fact guilty.

 

I do not think anyone can maintain that there is a system of jurisprudence that can guarantee absolutely that no innocent person will ever be executed. Our system is designed by human beings; at every level it is human beings making the decisions. This is the strength of our system of justice. We rely upon the professionalism of our police force, prosecutors, defenders and judges, and upon the reasoned judgment of citizen juries. We believe this offers the best hope for justice and equity. However, we know that every part of the process involves fallibility. Even if we use our best judgment, and are able to avoid the pitfalls of race, class and income, we can still be individually and collectively wrong. Having a death penalty in the process is startling. Once that sentence has been carried out, we have no way back.

 

The finite chance of executing an innocent person should cause us to rule out this method of punishment altogether. I have heard people say that the death penalty is still desirable on balance. When we say this, we are giving voice to a deep and basic moral wrong. Imagine if we were to institute and carry out execution with our eyes wide open to the possibility of killing someone who is innocent. If we consider that deliberately killing an innocent person is a crime, then we would be changing what we intended as justice into what would be in itself a crime.

           

We are seeing amazing technological advances that help us in the process of detection and proof. Others are surely on the way. If there happen to be people in prison whose cases need review, we can do this—providing they are still alive and we have that chance. We have seen a number of people go free after scientific study of the evidence, and have even seen it applied in the case of someone already executed. This is no doubt an important reason for the drop in public support for the death penalty. I believe there are others, and that this is just the beginning of an important and welcome change in public sentiment.

           

The other question is that of executing the person who is truly guilty. This shows scarcely higher morality. We have in this case persons who are entirely in our control. Their every movement, their manner of dress, activities, meals, cell time, visitors—all aspects of life are entirely controlled by us. To take these completely captive persons and deliberately kill them, in an empty, stark, sanitized manner, seems far beyond any concept of humanity. Why would we do that, when we have already placed them under complete and powerful restriction and supervision?

           

I believe the idea that execution is some kind of help to the family of a victim is delusional and harmful. The family may believe this is what they want, and their friends, relatives, news media and neighbors may be urging them on, but the kind of healing they need does not come from still another vision of violence and death. They may always be haunted by the two merged memories: the vision of the person they loved and the vision of a death by execution. Their real need is to separate these images and claim the right to have meaningful memories of their loved ones as they were in life. The lost loved ones have as well the right to be so remembered, without the shadow of further images of death.

 

            The rest of us in society suffer as well from the presence of a death penalty. Far from fostering an impulse for public order, images of violence stir feelings of hatred and aggression, cloud our reason, and may cause a dangerous rush to judgment. The most heinous crimes—the ones generally used to justify this punishment—are the very ones most likely to show these tendencies. We need to act calmly and rationally in all criminal justice matters, without the emotional baggage of death as its outcome.

 

            A sentence of life without parole is infinitely better than a death sentence. I think even those who thought they preferred to be executed can come to believe this, if they are able to lead a common prison life. I know some of the prisoners in one of our maximum-security prisons, all of them in for long sentences and some apparently for life. In spite of the limitations of prison that I mentioned earlier, the men I know are fashioning a life there. They read books, attend religious services (which is where I see them), and have some friendships. 

 

I am not advocating life in prison without parole, and I hope my mention of men whose divine spark survives there will not be seen as my argument for it. I believe that even people who have committed terrible crimes can be capable of eventual parole and I would want our parole boards to have a chance to make that judgment.

 

I know or have known a number of ex-prisoners, some of whom would likely have been sentenced to death if we had had that penalty at the time. One that I knew was in fact threatened with hanging. Many of them have gone on to lead successful and responsible lives, some in the caring professions, reaching out to youth at risk or helping ex-prisoners like themselves. I am glad that they were eventually released.

 

At the same time I am sure that we are all deeply thankful that they were not executed for their crimes, and that remains the primary issue here. Life without parole is in the present statute, and the jury’s right to be sure they have this option has figured in court decisions in our state and in one being brought to the U. S. Supreme Court. It remains superior to a sentence of death. 

 

In closing, I want to say that I believe whole-heartedly in law enforcement. I would like to see some of the large sums we would save without a death penalty added to our budgets for enforcement and crime prevention. After a crime, we need skillful detection, a fair trial and carefully considered sentencing, without the specter of death hanging not only over the accused, but over our society.

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