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03/19/2009
THE DEATH penalty remains one of those select issues in our public
conversation, along with guns and abortion, driven as much, if not
more, by emotion than actual data.
Despite being a policy fraught with error, wasteful spending and
unreliable convictions that prompted former Illinois Gov. George Ryan
to declare a moratorium, the death penalty continues to enjoy high
public approval.
There have been a number of recent articles that examine the cost
effectiveness of the death penalty. Tough economic times may be the
only way to rid the culture of a policy that has America in lock-step
with the famed "axis of evil."
Given the economics, with more states examining the viability of
lifetime imprisonment in lieu of the death penalty, the Alameda
County Coalition for Alternatives to the Death Penalty hosted a forum
in Berkeley this week on the death penalty, featuring three family
members of murder victims, a former prosecutor and a person
wrongfully convicted in Alameda County.
Alameda County is one of the most aggressive death-penalty counties
in the state. Each death penalty trial costs county taxpayers more
than $1.1 million more than a traditional murder trial — resources
that could go to other county needs.
The participants, who come to this issue from very different
perspectives agree on one thing — the death penalty does not work!
Each panelist offered an insight on the flaws with the death penalty
based on personal experiences.
It may feed the public's momentary thirst for revenge, but the death
penalty is not a deterrent. It does not save lives and it adds
unnecessary cost to state and local coffers.
Panelist Aaron Owens spent 10 years on death row wrongfully convicted
of murder. Ironically, Owens was freed after the district attorney
who prosecuted him finally concluded that he was innocent.
The Owens example makes the case against those arguments to do away
with the death penalty appeal process as it currently stands.
Proponents of capital punishment contend the process is too lengthy,
cumbersome and expensive.
Recently, there have numerous columns and talk show topics focused on
the appeal process for Richard Allen Davis, the convicted murderer of
Polly Klaas, which finally began after he spent 13 years in prison.
While I understand the reaction to Davis, given the heinous nature of
the crime, the death penalty is a policy implemented in the macro
that justifies its existence in the micro. The emotion that is
attached to Davis blinds us to the imperfection of the policy, as
Owens bears witness.
The sluggish appeal process that many death penalty advocates abhor
must be the price if California is to resist being totally consumed
by publicly-funded barbarism. There can be no short cuts if the state
wishes to continue to be in the revenge business.
But appeals are costly and every issue in these economic times must
fall under the microscope of scrutiny for its cost effectiveness.
Invariably, whenever I write in opposition to the death penalty, I
receive e-mails that chronicle isolated cases that individuals
believe warrant capital punishment.
Again, the thirst for revenge blinds us to certain realities. Those
who are poor, who cannot afford adequate legal representation, people
of color as well as those who suffer from mental illness or mental
retardation comprise the majority of those who receive the death
penalty.
Those who advocate for the death penalty seldom argue for the massive
increase in resources required for the death penalty being considered
equitable. Why not life in prison without parole? It's cheaper and
Davis would never be freed.
The event held in Berkeley put a face on the death penalty. Victims
who did not receive closure once it was implemented, prosecutors
through their experience informs them of the futility of the policy
and a potential death penalty victim who without a long appeal
process would not be alive to tell his story.
But I suspect as long as it remains politically advantageous for
candidates seeking elected office to support the death penalty and as
long as it is administered the "nobodies" of our society we can
afford to waste a few dollars, even in a tough economic climate, to
feed our appetite for revenge.
Byron Williams is an Oakland pastor and columnist for Bay Area News
Group-East Bay. E-mail him at byron@byronspeaks.com or leave a
message at 510-208-6417.
http://www.insidebayarea.com/opinion/ci_11942051