By Thomas Bartlett Whitaker
“I don’t think I’ll live to see it…I feel sure [the judge] is opposed to the death penalty. If I wrote him a letter, I’m afraid he’ll say, ‘Well, I’m gonna show that fellow. I’ll hold the case open longer.’ And he can do it and I can’t do a thing about it…[a decision] would end it all. And that would be a blessing, just right there. Get it out of that court and get it on the way. If you want to say it goes back to life then so bit it. Render that decision.”
The difference in the appeals process is particularly striking in terms of time, potential for delay, reversal of the verdict, and participant’s responses. Whereas Minnesotans were finished with the process within two years after the conviction, Texans were waiting, in some cases, for over fifteen years. Moreover, Minnesotans indicated that there was almost no delay in the appeals process or reason for uncertainty about the outcome. In contrast, 37% of all Texas cases and 100% of cases still in appeals during Time 3 and Time 4 [later in the timeline, Ie, very old cases] were stuck. Indeed, 10% of Minnesotans were dissatisfied with the appeals process in comparison to over 50% of Texas who were clearly worried gain that they felt they had attained in the death sentence might be undone by a new trial, resentencing, or a determination of the US Supreme Court. Participants’ apprehension about losing the control they thought they had over the murderer’s sentence was significant and likely kept survivors caught and suspended with little sense of who was in charge, what laws and procedures prevailed, what impact new legal proceedings might have on their lives, and how long their waiting to know might last.”
If you believe that racism and bigotry have been excised from the Texas legal system, you might want to watch this video.
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Carole
October 31, 2013 at 12:02 amA few years ago, a Colonel in the Canadian Air Force pled guilty to a slew of crimes that included rape, underwear stealing and killing two women. Even though the Colonel pled guilty from the start, the prosecutors still put on a multi-day trial in which they carefully entered each piece of evidence into the record and described the crime associated with it. The Colonel had to sit in the dock during the trial, and the public and media fought for seats.
After it was over and the Colonel had received his 25 years with an option to extend, the longest sentence he could get, the family of one of the murdered women spoke on the courthouse steps.
"Justice was served", said the clearly grieving mother and brother. And for them, it had been served. The world had now seen his crimes, knew he'd been stripped of his rank and thrown out out of the Air Force and the uniform he once wore burned. Far from the pilot who had occasionally flown the Queen of England, he was now a lowly prisoner with a prison number, while the family was free to take up their lives again, knowing they had a future and the former Colonel's life of crime was over, along with his future.
Reading Thomas' post reinforced my belief that our system only creates more victims by extracting vengeance rather than serving justice and the above story illustrates why.
CS McClellan/Catana
October 5, 2013 at 1:42 amA well thought-out essay, Thomas, and very much along lines that I've been thinking about. Thanks for the link to the study, which I downloaded before I even finished reading. At least someone has made a start on asking the crucial questions. The question that parallels this one is why, of two people growing up in the same dreadful circumstances, one will turn to violence and the other will live a perfectly normal life.
Until we can begin to solve both those problems and find solutions, I think we don’t have a chance in hell of eliminating the death penalty and its companion, life without parole. The whole system is based on what turn out to be myths, and myths are incredibly hard to discredit, as shown by the persistence of the belief that the death penalty serves as a deterrent.