I still don't know how to feel about the death penalty. The topic has been in the news a lot lately. Virginia executed John Allen Mohammed, the notorious DC sniper who, with help from Lee Boyd Malvo, shot at least ten people from the modified trunk of his car. The U.S. Attorney in Texas has indicated that, before there's even an indictment, he will most likely seek the death penalty for Major Nidal Malik Hasan who shot and killed 13 people at Fort Hood. Khalid Sheikh Mohammed is about to stand trial in New York which may result in a rare execution in that state.
These are nice, clean cases. The killers are bad guys. Like they say in Texas: "They needed killin'." They either freely admitted their crime (Khalid), were seen doing it (Maj. Hasan) or, the evidence was overwhelming (John Allen). The usual cry for cowboy justice was raised and few prosecutors would have risked public ire by considering a lighter sentence. Can you imagine the outrage if the New York DA suggested a life sentence for Khalid Sheikh Mohammed?
If our capital punishment statutes were limited to senseless, multiple murders where the evidence left no doubt as to guilt, there might be less concern about executing criminals. Sadly, America's criminal justice system is much too free with state sponsored executions. You've seen the numbers: 37 executions in the U.S. in 2008; 45 so far this year; Texas, the lethal cocktail capital of the world, accounted for 48% last year and 46% this year. (Whoa! Is someone in Austin going soft on crime?) Since 1976, 1,081 of the 1,181 executions in America took place in the South. That's 91%.
I'm not sure what any of this means but I'm pretty sure that the South doesn't account for 91% of the population or 91% of the serious crimes. They might have 91% of the cops who think it's OK to arrest the first person (usually the first black or Spanish person) who happens by the scene of the crime and pack him off to death row. They might have 91% of the District Attorneys who, lest they appear to be coddling criminals, are more than happy to demand death sentences at every possible opportunity. They might even have 91% of the country's jurors who figure "if the cops arrested the bum, he must be guilty".
We need a National Death Penalty Review Board. If we are determined to continue to be the only civilized society to condone state sponsored executions let's at least make sure the son-of-a-bitch actually did it. This panel would look at all aspects of the crime and the trial. Without the media's harsh glare and the pressure to convict someone to soothe public sentiment, a review board would at least ensure that "driving while black" near the scene of a crime didn't continue to be a capital offense. We have plenty of retired judges who, appointed for life, would meet once a year to decide on the justice of capital cases. No liberals need apply. Each appointee must be willing to approve the will of a jury if the situation warrants.
I wish that more public institutions were troubled by this deadly quirk in the American psyche. Not a single religious organization lobbies actively against capital punishment. The condemnation of executions by the Pope, while tepid, represents the only Christian voice in protest. Most American Christians are happy with "an eye for an eye" regardless of the blinding effect. Executions will continue in America because America demands that they continue. If Khalid Sheikh Mohammed is the new face of the death penalty in this country so be it. But like heaven, death row should be reserved for only a select few. You should really have to earn a spot.
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