Since the beginning of the United States government, the death penalty has brought controversy. The people of the United States remain divided upon the need for capital punishment. Those who support the death penalty believe those who kill should receive death in return. Others believe it is not our place to take a life, claiming it to be cruel and unusual punishment. In 36 years, 131 death row inmates were found innocent (Death Penalty Information) and Deoxyribonucleic acid (DNA) testing alone has proven 234 people innocent (Innocence Project). Many wrongly convicted individuals received life sentences, so those who received a death sentence prompt us to ask if the death penalty is truly necessary now that so many innocents have suffered. Now is the time to review the guidelines for the death penalty and eliminate the flaws in order to prevent future injustices.
This paper will discuss the death penalty and those wrongly convicted. A wrongly convicted person seeks to prove innocent through various ways such as junk science, government misconduct, eyewitness error, snitch testimony, false confessions and circumstantial evidence that is questionable. This paper will look at the death penalty throughout the United States and those who have found freedom through DNA or by other means.
The Death Penalty Information website states that 120 people released from death row by exoneration and for every eight executions, one person on death row proves innocent.
This information gives reason to question if we made the right decision prior to the advancement of DNA technology. There are many cases on death row that DNA can help prove or disprove innocence. The trouble with conducting DNA testing on all death row cases is mainly funding and only some people on death row will receive outside help.
The first DNA exoneration came to Kirk Bloodsworth; a man sentenced to death, yet granted a retrial when the court discovered the prosecution had withheld exculpatory evidence. The second trial ended in two life sentences and upheld on appeal until 1992 when Centurion Ministries of Princeton, New Jersey sought out the new DNA, called polymerase chain reaction (PCR) on Bloodsworth’s behalf (Warden). Bloodsworth met with freedom in June of 1993 and received a full pardon by December 1994.
Many factors contribute to a wrongful conviction such as insufficient evidence, false confessions, and mistaken identity. There are times when law enforcement will use coercion to illicit a confession and purposely lie to a suspect in hopes of gaining a confession. False confessions are on the rise due to long hours or even days of interrogation. Why allow this treatment when all suspects are innocent until proven guilty?
The costs associated with forensic testing leaves many inmates, without funds to have biological evidence tested, in prison until someone tests the evidence. There is help for those who cannot afford to test the evidence and for those who cannot obtain the evidence. Organizations such as the Innocence Project seek to help those who want to test DNA evidence in their case to prove innocence; the Fortress Innocence Group helps those who do not have DNA evidence seek the truth through other evidence that suggests innocence.
According to Gelineau, a forensic scientist, Mary Jane Burton, of Richmond, VA would tape a piece of the cotton swab she tested to the case file (2005). Ms. Burton’s reason for saving a portion of the cotton swab remains a mystery. Ms. Burton’s actions set forth a chain reaction for DNA exonerations in Richmond, VA. Where does this leave those who claim innocence while awaiting execution? Those who claim innocence remain exactly where they are, still awaiting execution. There are so many innocents in prison, which makes it difficult to determine who goes first. The obvious choice is the death row inmate in order to avoid executing an innocent person. Still, the courts will review the evidence and the stronger cases of possible innocence will prevail.
What is the best way to handle the situation of death row inmates and possible innocence? Perhaps testing the biological evidence in cases where the possibility of innocence exists. Give those who have evidence that suggests innocence a stay of execution until such time innocence is lost. Refrain from imposing the death penalty on cases that have biological evidence that has not completed testing. Change the guidelines to ensure that innocent people will not endure a life of incarceration or possible death.
Think about the affects of what a wrongful conviction will do to an innocent person. The time lost from family and friends, the opportunities lost due to incarceration and the families that do not exist because of the time wasted behind bars for a crime that was not committed by the accused. Think about those who are wrongly convicted, who have to live life with a criminal record of a crime they did not commit. Think about the lack of skills to find a good paying job and think about how long it will take to build up a retirement fund that began late in life. Some states do not compensate wrongly convicted individuals, which is why the wrongly convicted continue to suffer.
Many victims of wrongful convictions must learn to adapt to the changes of the world today and for some it can be difficult. Family may be lost due to passing, leaving them alone with nothing. Some victims went to jail before technology advanced and these individuals have trouble learning how to adapt to the new technology. Some individuals cannot obtain employment due to the criminal record they now retain until the government makes it right. Removing the crime from a person’s record can take years, which interferes with that person’s ability to move on.
Take the time to think about how you would feel if it happened to you or a member of your family. Would you want to live your life knowing you have a record for a crime you did not commit? Would you want to explain the criminal record to a potential employer, with whom you have no work history, after spending many years in jail for a crime you did not commit? No, you would not and neither do those who have endured this injustice. We can change the way the criminal justice system works by reviewing the guidelines and repairing the problems.
While there are no known cases of an innocent person perishing because of the death penalty, one case will be a constant reminder that the death penalty needs revision. According to Nash (2008), on January 20, 2000 Frank Lee Smith died from cancer while on death row, for a crime he did not commit. We must take a stand against this type of injustice and work toward a solution. No one wants to spend his or her life behind bars missing all the luxuries freedom has to offer. What will happen once the government realizes their mistake? Will they provide the wrongly convicted person with the life he or she had before the arrest? The public will never know if all those who died in prison or by way of the death penalty were 100% guilty. There is also no reason to question innocence or guilt once the inmate succumbs to death.
In 2003, according to Weiner and Haney, Governor George H. Ryan commuted the sentences of 156 prisoners on death row. He did this to ensure that no innocent man or woman would fall victim to execution since DNA testing proved 13 people innocent over a period of three years. The Illinois moratorium is the first sign that shows the public that the judicial system is flawed. The Governor did what he felt was best for the residents and prisoners of Illinois, regardless of personal opinions.
The point of this paper is not to encourage a nationwide ban on capital punishment, but a reform of a system that has shown it is flawed. In order for capital punishment to become an effective punishment for those who commit heinous crimes, it must be less than one percent flawless. Just one mistake can bring about a flurry of retaliation from those affected by one wrongful execution. If citizens perceive our nation as inhumane, think of what will happen to patriotism and the fight to protect the freedoms and rights of citizens.
This is not about eliminating the death penalty; it is about protecting the best crime deterrent for states that choose to enforce the death penalty and protecting the wrongly convicted. Many of the states that do not have a death penalty statute do not have a high crime rate and some have seen a decline in the murder rate over the years. Perhaps the death penalty is not a crime deterrent; maybe it is just a way to send a message that there are consequences for taking a life, and the consequence is your own life.
As of April 14, 2009, the Death Penalty Information website states that 17 people are innocent through DNA testing and 113 people by other means. This is not an issue to look upon lightly. These injustices have been happening since 1973, and now is the time to look for a new way to address the issue. Make this a personal project to help seek justice for the wrongly accused and convicted. Place yourself in their shoes and ask yourself if you can spend 20 years on death row before someone takes the time to correct a mistake. Can you sleep soundly at night knowing that an innocent person lives each day in a 5- foot by 9-foot cell? Can you imagine yourself in the shoes of a wrongly convicted person, pleading for someone to correct this injustice?
Take the time to research the cases of those who have lived their lives locked up in prison, are found innocent and released with a record and decide if you choose to look the other way when innocent people are paying for crimes they did not commit when the real criminal lurks in the shadows. Think about the 120 innocent people who were serving time while the true criminal lived among us. Think about the ones who claim to be innocent, those who will waste funds to test evidence. Think about the solid proof law enforcement will have to keep guilty inmates in jail. Yes, it does create obstacles, but the outcome will always be worth the effort.
Investigate the differences between the costs of DNA testing and supporting a criminal in prison for a life sentence or more. Which way is beneficial to the future? Can we honestly say that we are beyond mistakes and those who sit on death row are not worthy of our time and efforts to ensure we have convicted the right person? Is a conviction more important than the life of a wrongly convicted individual?
The second most important thing we can do to help those wrongly convicted is to educate the public on the heinous violation of civil rights. Strengthen the penalties against those who lie to law enforcement and ensure one will never forget the consequences. Work to eliminate mistakes and support the world of science that has brought freedom to innocent people. Give them back their life and make it known that allowing an innocent person to continue to live with a marred criminal record is continuing the injustice.
References
Death Penalty Information (2009) The Innocence List. Retrieved April 22, 2009 from http://www.deathpenaltyinfo.org/innocence-list-those-freed-death-row
Gelineau, K. (2005). Saved from the grave. Dead lab worker’s records mean freedom for 3 men. MSNBC. Retrieved March 15, 2009, from http://www.msnbc.msn.com/id/9666591/
Innocence Project (2009) Home page. Retrieved March 15, 2009 from http://www.innocenceproject.org/
Nash, J. (2008). “I AM INNOCENT” A comprehensive encyclopedic history of the world’s wrongly convicted persons. Cambridge, MA: Da Capo Press.
Warden, R. (n. d.) Northwestern Law, Kirk Bloodsworth. Retrieved April 22, 2009 from http://www.law.northwestern.edu/wrongfulconvictions/exonerations/mdBloodsworthSummary.html
Wiener, R., & Haney, C. (2004, December). The Death Penalty in the United States: A Crisis of Conscience. Psychology, Public Policy, and Law,10(4), 618-621. Retrieved March 16, 2009, doi:10.1037/1076-8971.10.4.618
