MO bill would ban the death penalty until 2011

The bill's sponsor, Rep. Bill Deeken, R-Jefferson City, supports the death penalty, but he wants to make sure the system is fair. Snip from the Columbia Missourian:

“If I was on a jury and condemned a person to death, and he was put to death, and I found out five years later that he was not guilty, that would be very hard for me to live with,” Deeken said.

Dennis Fritz, a local guy who was wrongfully convicted in Oklahoma until DNA evidence freed him, spoke in favor of the moratorium. It's sort of a moot point right now since the Supremes have essentially stopped executions nationwide ... until they make their ruling on lethal injection, which could happen later this year.

The Missourian says the new MO measure appears to have bipartisan support.

Comments

[blarney]

It's rare comparatively that people are not guilty of crimes they committed. I think it's silly to suspend it and instead should make an express lane for the death penalty.

[G]

You conservatives are a strange bunch...kill here, don't kill there...make up your mind.

[nimrod]

Let's just make all liberals happy and punish murders with a lengthy timeout! Are you kidding me?! Suspend the death penalty until 2011?!

With today's technology, I believe that the people who receive this penalty are in fact guilty of the crime. They committed the crime knowing this is the penalty they could face.

Now let's get that needle, or gas, or rope, or firing squad ready for the killers of Ann Harrison.

[True American]

Liberal or conservative is not relevant to the death penalty. Consequences for your actions is Biblical (for those who care) and the right thing to do. The death penalty for certain horrific crimes is justifiable and should be done promptly, in my opinion. Forgiveness is in the heart, whether the murderer is sentenced to die or sentenced to sit in prison until death. What really matters is the hearts of who's left behind and how they go on with life - and I'm referring to both the people who loved the victim and the people who loved the murderer. The ones left to deal with the pain are the ones who matter. On the flip-side, if someone is executed while hard-hearted and unrepentant, then their soul is lost forever. If they sit in prison long enough, maybe they'll have a change of heart and an openness to let God rework their character, and they can find forgiveness in a just God's eyes and their soul is saved. The commandment says Thou shall not MURDER... you can forgive someone in your heart for their crime and still accept that they have to face a consequence, and the consequence for an evil murderer is death.

[Big Dog]

I would support the death penalty if it were applied fairly, however its not. Rarely do serial killers receive the death penalty but others may be executed for one murder. Then theres legal representation who can plea bargain for a life sentence in exchange for "details" of the crime or a guilty plea.

Another fact is that it cost more to execute than to house them. When you are sentenced to death you automatically receive appeals until they are exhausted. Which means that alot of money and time is spent going through this process which can be a million dollars or more. If I recall correctly, it cost roughly $35,000 annually to house a criminal.

[Keeping it Real]

“It's rare comparatively that people are not guilty of crimes they committed.”

???? ...DUH WHAT!! RARE THAT PEOPLE ARE NOT GUILTY OF CRIMES THEY COMMITTED????

STATEMENT MAKES NO SENSE AT ALL… LOL????

Do you mean crimes they are "convicted of"?

Reqardless, there are definitely cases when a person has been proven guilty beyond a shadow of a doubt in court just to be later proven innocent.

There are hundreds of cases with minority men who have been convicted of crimes they did not commit by a bias/racist court system, only to be proven INNOCENT years later because; the victim confesses to lying, guilty person confesses/bragged to doing the crime or DNA tests proved they were innocent.

The true is….it is ONLY the White RACE that thinks that they are exempt from being falsely convicted and sentenced to the death penalty prematurely.

[Keeping it Real]

And if you do not agree with my last statement... please include your race (honestly of course,)with your response.

[Nivek9]

"During 2006 25 countries, 91% in China, Iraq, Iran, Pakistan, Sudan, and the United States alone, executed 1,591." Quote is from Amnesty International's website.

Pretty good company for the United States to be in isn't it? That's sarcasm for the idiots in the room.

The bottom line is, the United States' insistence on continuing the death penalty has lumped us in with countries that are considered backwards, barbaric and less civilized than the rest of the world.

How many of you staunch death penalty supporters are also anti-abortion zealots? That's what I thought. Don't you find that a tad hypocritical?

Here's another stat that shows that the death penalty is much more expensive that life imprisonment.

"In Kansas, the costs of capital cases are 70% more expensive than comparable non-capital cases, including the costs of incarceration.
(Kansas Performance Audit Report, December 2003)."

And that's just for Kansas.

I'm not an activist but I had a few minutes (which is all it took to find this information out) and decided to raise intelligent arguments for all the "hang 'em high and hang 'em now" fools on this list.

I find it odd how many racist, narrow-minded, uninformed people seem to have figured out how to get to the KC STAR discussion lists to make posts exposing themselves for the closed minded fools they are.

If we as a community put one innocent person to death accidentally because our flawed system allowed it, then we are all murderers for allowing the death penalty to continue in our country.

[The_Golfer]

who are you anonymous?

[blarney]

"Pretty good company for the United States to be in isn't it? That's sarcasm for the idiots in the room."

Not any worse than being in company with a bunch of socialist whiners. Amenesty International is a joke anyway. Just in case any of the idiots in the room didn't already know this.

"The bottom line is, the United States' insistence on continuing the death penalty has lumped us in with countries that are considered backwards, barbaric and less civilized than the rest of the world. "

Considered by whom? People like Amnesty International? WGARA? It's amnesty international. if you are concerned about how some other country thinks of us, just move there and quit worrying about it.

"How many of you staunch death penalty supporters are also anti-abortion zealots? That's what I thought. Don't you find that a tad hypocritical? "

Uh, death penalty and anti-abortion have nothing to do with eachother. One if in recourse for a heinous crime and the other is killing a child who did nothing more than was conceived. Just in case the idiots in the room didn't know the difference.

"I'm not an activist but I had a few minutes (which is all it took to find this information out) and decided to raise intelligent arguments for all the "hang 'em high and hang 'em now" fools on this list."

Your intelligent argument has to do with some unmamed country thinks, a comparison between two things that have nothing to do with eachother and Amnesty international. Seems like only a fool would even attempt this argument.

"I find it odd how many racist, narrow-minded, uninformed people seem to have figured out how to get to the KC STAR discussion lists to make posts exposing themselves for the closed minded fools they are. "

Well if you leave that would be one less, and this would be a better place.

"If we as a community put one innocent person to death accidentally because our flawed system allowed it, then we are all murderers for allowing the death penalty to continue in our country."

Justice is blind and justice is not infallable(for the idiots in the room). This doesn't mean you don't apply justice.

[True American]

"How many of you staunch death penalty supporters are also anti-abortion zealots? That's what I thought. Don't you find that a tad hypocritical?"

How does exterminating a proven murderer remotely compare to killing an unwanted and clearly innocent baby? Give me a break...

I do agree that the system is flawed. If someone is undeniably guilty (they admitted it, they drove you to the body, they had the weapon and DNA proved them guilty, there were multiple witnesses - only examples of determining guilt) then they should be executed on the spot, ESPECIALLY if there's no sign in them of remorse. If it's a court-room battle and the "shadow of a doubt" is extremely faint, but still there, then the death penalty might not be the best approach.

But again I say, if they sit in the pen for life, maybe they have a chance to change their heart... and be forgiven by God. It's a difficult debate.

[Nivek9]

Could of sworn I logged in before I made that post.... 'Twas I who left that rant.

[True American]

I love you, Blarney!! You're posts are one of the reasons I come here. I agree with everything you said. Seriously.

[Newbie]

"How many of you staunch death penalty supporters are also anti-abortion zealots? That's what I thought. Don't you find that a tad hypocritical?"

What if you're in favor of both?

With a "fair" trial comes the consequences. You have to be "proven" guilty. With today's technology we are getting much better at showing proof.

There should be stipulations as to what, how, and why the murder was committed as to whether they get the death penalty.

The serial killers get life instead of death in hopes of finding out how and why they do it plus getting evidence on those he murdered to be able to close those cases.

I still think they need to be isolated from society but not a burden to the taxpayers. Put them in an escape from New York setting and let them live the violent life they wanted.

[True American]

Good call, Newbie. I can think of a few good places to send them... California seems to be pretty tolerant of stupidity these days. But we'd lose access to that beach... One of the polar caps would be good.

[Nivek9]

"Justice is blind and justice is not infallable(for the idiots in the room). This doesn't mean you don't apply justice."

I never suggested that we don't apply justice. That is essential to any civilized country. I am just suggesting we abolish the death penalty. It isn't a deterrent to violent crime in any way and leaves us vulnerable to making the mistake of killing innocent people due to our flawed system.

Your problem with Amnesty International also seems to show you as one of the closed-minded people I am referencing. What difference does it make where I got the statistic? It is factual and can be backed up by other resources that you may find more to your liking. Just because I referenced an organization seen as socialistic does not mean that the statistic is wrong. Would you feel better if I site statistics from more conservative organizations in the future?

And it's spelled infallible.

[True American]

Newbie, why are you in favor of abortion?

[blarney]

"I never suggested that we don't apply justice. That is essential to any civilized country. I am just suggesting we abolish the death penalty. It isn't a deterrent to violent crime in any way and leaves us vulnerable to making the mistake of killing innocent people due to our flawed system."

The death penalty is a form of justice.
Jail isn't a deterrent to violent crime should we just abolish it too?
Innocent people die all the time and it's too few of them in this discussion to actually try to abolish it over.

"Your problem with Amnesty International also seems to show you as one of the closed-minded people I am referencing. What difference does it make where I got the statistic? It is factual and can be backed up by other resources that you may find more to your liking. Just because I referenced an organization seen as socialistic does not mean that the statistic is wrong. Would you feel better if I site statistics from more conservative organizations in the future?"

Call me close minded if you want, Amnesty international is a joke. The statistic isn't reliable because it's amnesty international, also who cares how many murderers we kill. If they can't live in society they don't need to live, I find it more horrible to keep someone in a cage for the rest of their life. That is cruel and unusual and it's simple minded to think that the death penalty is any worse.

"And it's spelled infallible."

Oh WoW, spelling smack. Gee whiz and you referenced anyone who didn't agree with you as an idiot, then you do this. Good call you just made yourself pointless.

[Newbie]

True American,

That answer would open a can of worms in here. I don't believe in late term abortion, if you want one you can make your mind up before then, if you waffle that long then you need to go ahaed and have it.

The basic would be, rape case, young people accidentally getting preggo, unwanted children suffering from being unwanted is probably highest on my list.

Adoption doesn't fit because there are way too many children waiting to be adopted now.

But this digresses from the thread...just answering a question

[True American]

I'll avoid the can of worms for now, too. Just wondered...

[Joe S TheRagMan]

"Jail isn't a deterrent to violent crime should we just abolish it too?" - Blarney

Dude, that statement ROCKED!

I'm pro-choice and pro-death penalty. For those who disagree, think about these two things:

1) We're paying BILLIONS of dollars in welfare to people who don't work, don't take care of their kids, don't make their kids attend school (as evidenced with the less than 50 percent graduation rates in some of the largest public school systems in America), and just don't give a sh*t. Are we better off as a country? These unwanted kids, born out of mom's and dad's stupidity and perhaps more frequently, one's desire for FREE MONEY, are tossed aside while mommy and/or daddy pisses away the welfare check. Now, we're supporting those lost kids in jail, and in some cases, putting them to death.

I believe they should do with civilians as they did with the military more than 20 years ago. The military told service members that they will no longer pay them more with each added dependent. Thus if you have forty children, you get no more than if you have one. It's your responsibility to care for the child(ren).

Push that agenda onto the welfare system. In addition, include tons of Planned Parenthood information with the checks. Now that doesn't mean that it has to be info on abortion, but it could be how to prevent STD's, where to get condoms, or how to get free or reduced-priced birth control medication/devices.

2) I want the death penalty. I think it's well under-used and that our appeals process is way out of hand. I give a convict no more than five years to prove his or her innocence before we pop a cap in his or her head and let him fall into a grave, without a casket. Pour some lime on his or her ass and cover that person up.

Many people are against the death penalty and want it abolished. Let's do this (just so it's fair). Those who want to get rid of the death penalty, line up and get your checkbooks out. You guys are now responsible for funding the former death-row inmates for eternity.

[khayes7356]

Just to let the poster TRUE AMERICAN know that the statement "Rarely do serial killers receive the death penalty but others may be executed for one murder." KNOW THAT THERE HAVE BEEN 89 SERIAL KILLERS EXECUTED OF THE 1099.

Also the cost of keeping an inmate is not $35,000 if the inmate is maximum security, also the figure does not include figures for the new "life" inmates and it needs to include figures on new construction, medical, etc.

[Nivek9]

"Good call you just made yourself pointless."

Like there's a point to any of this anyway. It's pretty optimistic to think that way. All a dicussion like this is good for in this venue is blowing off steam anyway.

Label me all you like. Your words in this discussion are as pointless as mine to anyone but yourself. Opinions are like... well you know.

[blarney]

"Like there's a point to any of this anyway. It's pretty optimistic to think that way. All a dicussion like this is good for in this venue is blowing off steam anyway.

Label me all you like. Your words in this discussion are as pointless as mine to anyone but yourself. Opinions are like... well you know."

I didn't label you, you did it to yourself because you acted like a jerk. Grow up you obviously can't handle these discussions so maybe you need to go find a game site.

Comparing the deathy penalty to an abortion is totally stupid! What crime is the unborn child guilty of? I am against abortion, but I am for the death penalty. I see the death penalty as a form of self defense, and defense of others. Even though I don't have children, I'm glad that the two responsible for Anne Harrison's death will not be able to murder someone else's children. I don't hate them; they have done nothing that would require I forgive them, but I don't want them to have opportunities to harm another child, either.

Joe, the people using children for welfare money aren't the people getting abortions. So whether or not abortions are legal are not, have nothing to do with the amount of welfare money paid out to these low-lifes.

[blarney]

WoW, someone missed the point. I think they gradumated from KCMO school district.

[True American]

*Joe* The system needs to change with regard to children and parenting and welfare - I agree. But the barbaric choice to murder the "problem" is a shallow and heartless answer to a larger issue that has political and monetary overtones that apparently override the baby's right to the life, liberty and the pursuit of happiness in the eyes of many people.

[True American]

*khayes7356* That wasn't me who made the statistical statement about death row inmates being exectuted...

[True American]

Joe says this about abortion:

"1) We're paying BILLIONS of dollars in welfare to people who don't work, don't take care of their kids, don't make their kids attend school (as evidenced with the less than 50 percent graduation rates in some of the largest public school systems in America), and just don't give a sh*t. Are we better off as a country? These unwanted kids, born out of mom's and dad's stupidity and perhaps more frequently, one's desire for FREE MONEY, are tossed aside while mommy and/or daddy pisses away the welfare check. Now, we're supporting those lost kids in jail, and in some cases, putting them to death."

So your solution is to just kill them now before they have to experience what may or may NOT be their future? Get real...

[KHAYES7356]

TRUE AMERICAN --sorry for the error--
BIG DOG THAT ONE WAS FOR YOU
!

[Nivek9]

"I didn't label you, you did it to yourself because you acted like a jerk. Grow up you obviously can't handle these discussions so maybe you need to go find a game site."

I am personally opposed to the death penalty and I am happy to see Missouri propose a ban even if it is only temporary.

The tit for tat I am having with Blarney is silly. Especially since I was just told by him to "grow up". Hmm... Perhaps a comma after "Grow up" in your insulting sentence would have impressed me more and made me strive to become more mature. Alas, you blew it. I'll remain a child forever now.

We are all products of our environment. I am from an environment where discussions about the death penalty involved factual statistics regarding time and money spent on capital cases, capital punishment's effectiveness as a deterrent to crime, capital punishment in the U.S. in relation to other Western countries, proven cases where innocent individuals were indeed executed and other damning evidence that supports my opinion that the death penalty should be abolished.

If you don't agree with me then that's fine for you. Don't expect to sway my opinion with your uneven and confrontational responses to my posts.

And yes, I realize I am being hypocritical with my "confrontational" comment due to my provocative initial post. My bad.... :-)

[blarney]

"The tit for tat I am having with Blarney is silly. Especially since I was just told by him to "grow up". Hmm... Perhaps a comma after "Grow up" in your insulting sentence would have impressed me more and made me strive to become more mature. Alas, you blew it. I'll remain a child forever now."

WoW, spelling and grammar smack all in the same thread. It's good to know when someone really doesn't have anything of value to add to the conversation.

The only thing you stated was that you think people here are close minded and racist. Neither of those fit into the conversation but then anyone with an IQ equal to room temperature would know this. So you either were just throwing things out or you just gravitate towards people you think are narrow minded and racist because those are your true feelings.

I don't think I could sway you because you spend too much time trying to sound smart yet your posts don't reflect it. People of low intelligence lack the ability to see, or even consider other peoples views.

Good night give you wee little brain a rest, maybe next time you can show up without being a horses but.

[True American]

So much love here.... warms the soul...

[blarney]

I'm not good for suffering fools.

[Lindsay]

Hey Blarney. My truck broke down this morning, and I think it is done for.

[James Hart]

Blarney: But I think you DO like making fools suffer.

[Nivek9]

"Talk sense to a fool and he calls you foolish." Euripides

I guess I'm not sure why a spelling and grammar "smack" are bad things. If you want to be taken seriously I was always taught to make sure your meaning was clear through proper use of language.

I've expressed my opinion and inadvertently gotten more attention than I bargained for. My work is done here.

[blarney]

Lindsay, that sucks. What happened to it?

James, yes I do like making them suffer.

[Lindsay]

I don't know. It lost power on the highway, then died after I got to the shoulder. It has a lot of problems. My guess is something wrong in the fuel system.

[blarney]

I'll chat with you this evening about it. All may not be lost.

[beenherebefore]

I was on welfare for a bit. I found out quickly there was no way a person could survive and play by the rules. There is no chance to better yourself the way the system is designed. I mean it make it very difficult, because the more you try the drastically more benefits are taken away. So you have to go big to get off, or go home. Luckily, I went big and now make enough such that the taxes taken out in one week's pay is far more than benefits I received in one month.

I appreciated the help. I have paid the money back tenfold (at least). You ask how the bennies were used? To feed my newborn whose bio dad took off.

Let's not lump all Welfare recipiants into one category.

But...let's fry those proven murders!

[beenherebefore]

murderers...don't make fun of Welfare people who can't spell or type!

[help]

Lindsay, I had a truck do that, turned out to be the ignition module. Remember the holy trinity of combustion engines: fuel, fire, and air - find out which one is missing and then you just have to figure out why (the why can be tricky though).

[parkay]

We will not give up our God-given right to capital punishment. Our ancestors killed a lot of British troops to preserve that and other rights from an oppressive government. Let's not have to go through another revolution.

http://www.msnbc.msn.com/id/8556687/

[blarney]

WoW, stuff happens.

[Dudley Sharp]

Moratorium - Bad Idea

To: The Missouri General Assembly and
Media throughout Missouri

FROM: Dudley Sharp, Justice Matters, contact info below


Rep. Bill Deeken (R-Jefferson City) and others have filed or co sponsored HB 1870, which would establish a moratorium on the death penalty until 2011, along with a death penalty study commission.

Rep. Deeken and others have voiced various reasons to support that bill (see below), I have followed those with my REPLY, to rebut or add to those ideas.
1. Rep Deeken: Is Missouri executing innocent people?

Reply: The answer is no.

Actual innocence reviews are already done, extensively, throughout the investigation, the pre trial, trial and appellate process and by the executive branch, through clemency/commutation review.

Is the commission going to have a new trial with cross examinations, rules of evidence, sworn testimony? This is the job of the legal process and the judiciary.

Any study will show that, very rarely, actual innocents are found guilty and sentenced to death, They are later freed based upon post conviction reviews.. We already know this, just as we know that actual innocents are, also rarely, found guilty for all levels of crime.

There is no proof of an innocent executed in the US, at least since 1900.

In addition, there are Innocents Projects throughout the US, including in Missouri, whose sole task is looking for innocents convicted or executed. There is no logical reason for The Missouri General Assembly to spend additional time and money on such a study.

The supporters of this bill should be aware that innocents are more at risk with an execution moratorium or, otherwise, without the death penalty.

SEE: "The Death Penalty: More Protection for Innocents", to follow.

What about a much more serious innocence problem?

How many Missourians have been harmed and murdered by those criminals on parole and probation, while under Missouri government supervison? I suspect thousands of innocents have sufferred serious injuries and hundreds of innocents have been murdered by those criminals in Missouri since 1977.

Possibly a moratorium and study of those practices is truly merited. It is a huge innocent harmed problem.

2.Rep Deeken: Look at the role race plays in the administering the death penalty

REPLY: The race issue has been well covered and can also be a review issue, pre trial, trial and on appeal, when merited. When based upon thorough examination, see below, racial bias in death penalty cases does not appear to be a current problem.

See "RACE: No Bias in Death Penalty Sentencing", to follow.

3. Rep Deeken: Look at the adequacy of a defendant’s legal counsel and

REPLY: Adequacy of defense counsel can always be an issue at every stage of the legal process.

Is there any criminal sanction in Missouri that gets better representation and better due process protections than the death penalty? No.

4. Rep Deeken: Do prosecutors who seek the death penalty do it consistently across the state?

REPLY: No need for this study. No sanction, absent mandatory sentencing guidelines, is consistent across any state. The death penalty cannot be mandatory. Prosecutorial discretion is important. Some prosecutors pursue the death penalty more often than others. This is the same with all sanctions that don't have mandatory sentencing.

This is well known. No need for a study.

5. Rep. Deeken’s bill would establish a ten-person commission.

COMMENTARY: Nationally, most of these commissions are stacked against the death penalty and it is, usually known anti death penalty folks, or closet anti death penalty folks, who push them. The proposed ten member commission in Missouri could, easily, be stacked with 6-9 anti death penalty folks, with the result predetermined.

There are two ways to avoid that bias. No commission, which seems merited, based upon the review, above. Or select well known supporters and opponents of the death penalty, making sure there is an even number of both, where both sides to the debate agree on those chosen and their numbers. It's tough to do, but it's possible. The result would likely be a 5-5 vote.

Therefore, no commission seems like the better solution.

7) What do the supporters of HB 1870 really want?

Rep. Deeken states: “If I was on a jury and condemned a person to death, and he was put to death, and I found out five years later that he was not guilty, that would be very hard for me to live with."

REPLY: Neither a commission nor a moratorium will remove that fear, unless the real goal is to do away with the death penalty. Furthermore, it is questionable that any of the stated concerns merit an additional study or additional delay in a process that already has the longest and most thorough review process.

Furthermore, innocents are more at risk without the death penalty. They may cause some to reconsider their thinking.

SEE: "The Death Penalty: More Protection for Innocents", to follow.

So what is it that the supporters really want? It's a fair question.

8) Voice of Opposition

Rep. Scott Lipke, R-Jackson, said "My sense is (the moratorium) is a vehicle to totally do away with the death penalty".

“There are a lot of factors that I always hear argued about as a reason that we need to get rid of it — somebody changes a witness or an account of a crime. But people need to understand is there’s a lot of things already built into the system.”

REPLY: Precisely.

Dudley Sharp, Justice Matters
e-mail sharpjfa(AT)aol.com, 713-622-5491,
Houston, Texas

Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-Span, Court TV, FOX, NBC, NPR, PBS and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.

A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.

Pro death penalty sites

homicidesurvivors(dot)com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx

www(dot)dpinfo.com
www(dot)cjlf.org/deathpenalty/DPinformation.htm
www(dot)clarkprosecutor.org/html/links/dplinks.htm
joshmarquis(dot)blogspot.com/
www(dot)lexingtonprosecutor.com/death_penalty_debate.htm
www(dot)prodeathpenalty.com
www(dot)yesdeathpenalty.com/deathpenalty_contents.htm (Sweden)

Permission for distribution of this document, in whole or part, is approved with proper attribution.

[Dudley Sharp]

Some death penalty reality

The Death Penalty in the US: A Review
Dudley Sharp, Justice Matters
 
NOTE: Detailed review of any of the below topics, or others, is available upon request
 
In this brief format, the reality of the death penalty in the United States, is presented, with the hope that the media, public policy makers and others will make an effort to present a balanced view on this sanction.
 

Innocence Issues
 
Death Penalty opponents have proclaimed that 127 inmates have been "released from death row with evidence of their innocence", in the US, since the modern death penalty era began, post Furman v Georgia (1972).
 
That number is a fraud.
 
Those opponents have intentionally included both the factually innocent (the "I truly had nothing to do with the murder" cases) and the legally innocent (the "I got off because of legal errors" cases), thereby fraudulently raising the "innocent" numbers. This is easily confirmed by fact checking.
 
Death penalty opponents claim that 24 such innocence cases are in Florida. The Florida Commission on Capital Cases found that 4 of those 24 MIGHT be innocent -- an 83% error rate in for the claims of death penalty opponents. Other studies show their error rate to be about 70%.
 
Therefore, 20-25 of the alleged 127 innocents MIGHT be actually innocent -- a 0.3% actual guilt error rate for the over 8000 sentenced to death since 1973.  The actual innocents were all freed,
 
It is often claimed that 23 innocents have been executed in the US since 1900.  Nonsense.  Even the authors of that "23 innocents executed" study proclaimed "We agree with our critics, we never proved those (23) executed to be innocent; we never claimed that we had."  While no one would claim that an innocent has never been executed, there is no proof of an innocent executed in the US, at least since 1900.
 
No one disputes that innocents are found guilty, within all countries.  However, when scrutinizing death penalty opponents claims, we find that when reviewing the accuracy of verdicts and the post conviction thoroughness of discovering those actually innocent incarcerated, that the US death penalty process may be one of the most accurate criminal justice sanctions in the world. 
 
Under real world scenarios, not executing murderers will always put many more innocents at risk, than will ever be put at risk of execution.
 

Deterrence Issues
 
16 recent US studies, inclusive of their defenses,  find a deterrent effect of the death penalty.
 
All the studies which have not found a deterrent effect of the death penalty have refused to say that it does not deter some.  The studies finding for deterrence state such.  Confusion arises when people think that a simple comparison of murder rates and executions, or the lack thereof, can tell the tale of deterrence.  It cannot. 
 
Both high and low murder rates are found within death penalty and non death penalty jurisdictions, be it Singapore, South Africa, Sweden or Japan, or the US states of Michigan and Delaware.  Many factors are involved in such evaluations.  Reason and common sense tell us that it would be remarkable to find that the most severe criminal sanction -- execution -- deterred none.  No one is foolish enough to suggest that the potential for negative consequences does not deter the behavior of some.  Therefore, regardless of jurisdiction, having the death penalty will always be an added deterrent to murders, over and above any lesser punishments.
 

Racial issues
 
White murderers are twice as likely to be executed in the US as are black murderers and are executed, on average, 12 months more quickly than are black death row inmates.
 
It is often stated that it is the race of the victim which decides who is prosecuted in death penalty cases.  Although blacks and whites make up about an equal number of murder victims, capital cases are 6 times more likely to involve white victim murders than black victim murders.  This, so the logic goes, is proof that the US only cares about white victims.
 
Hardly.  Only capital murders, not all murders, are subject to a capital indictment.  Generally, a capital murder is limited to murders plus secondary aggravating factors, such as murders involving burglary, carjacking, rape, and additional murders, such as police murders, serial and multiple murders.  White victims are, overwhelmingly, the victims under those circumstances, in ratios nearly identical to the cases found on death row.
 
Any other racial combinations of defendants and/or their victims in death penalty cases, is a reflection of the crimes committed and not any racial bias within the system, as confirmed by studies from the Rand Corporation (1991), Smith College (1994), U of Maryland (2002), New Jersey Supreme Court (2003) and by a view of criminal justice statistics, within a framework of the secondary aggravating factors necessary for capital indictments.
 

Class issues
 
No one disputes that wealthier defendants can hire better lawyers and, therefore, should have a legal advantage over their poorer counterparts.  The US has executed about 0.15% of all murderers since new death penalty statutes were enacted in 1973.  Is there evidence that wealthier capital murderers are less likely to be executed than their poorer ilk, based upon the proportion of capital murders committed by different those different economic groups? Not to my knowledge.
 

Arbitrary and capricious
 
About 10% of all murders within the US might qualify for a death penalty eligible trial.  That would be about 64,000 murders since 1973.  We have sentenced 8000 murderers to death since then, or 13% of those eligible.  I doubt that there is any other crime which receives a higher percentage of maximum sentences, when mandatory sentences are not available.  Based upon that, as well as pre trial, trial, appellate and clemency/commutation realities, the US death penalty is likely the least arbitrary and capricious criminal sanctions in the  US.
 

Christianity and the death penalty
 
The two most authoritative New Testament scholars, Saints Augustine and Aquinas, provide substantial biblical and theological support for the death penalty. Even the most well known anti death penalty personality in the US, Sister Helen Prejean, author of Dead Man Walking, states that "It is abundantly clear that the Bible depicts murder as a capital crime for which death is considered the appropriate punishment, and one is hard pressed to find a biblical 'proof text' in either the Hebrew Testament or the New Testament which unequivocally refutes this.  Even Jesus' admonition 'Let him without sin cast the first stone,' when He was asked the appropriate punishment for an adulteress (John 8:7) -- the Mosaic Law prescribed death -- should be read in its proper context.  This passage is an 'entrapment' story, which sought to show Jesus' wisdom in besting His adversaries.  It is not an ethical pronouncement about capital punishment."  A thorough review of Pope John Paul II's position, reflects a reasoning that should be recommending more executions.
 

Cost Issues
 
All studies finding the death penalty to be more expensive than life without parole exclude important factors, such as (1) geriatric care costs, recently found to be $69,0000/yr/inmate, (2) the death penalty cost benefit of providing for plea bargains to a maximum life sentence, a huge cost savings to the state, (3) the death penalty cost benefit of both enhanced deterrence and enhanced incapacitation, at $5 million per innocent life spared, and, furthermore, (4) many of the alleged cost comparison studies are highly deceptive.
 

Polling data
 
76% of Americans find that we should impose the death penalty more or that we impose it about right (Gallup, May 2006 - 51% that we should impose it more, 25% that we impose it about right)
 
71%  find capital punishment morally acceptable - that was the highest percentage answer for all questions (Gallup, April 2006, moral values poll).
 
81% of the American people supported the execution of Timothy McVeigh, with only 16% opposed. "(T)his view appears to be the consensus of all major groups in society, including men, women, whites, nonwhites, "liberals" and "conservatives."  (Gallup 5/2/01).
 
81% of Connecticut citizens supported the execution of serial rapist/murderer Michael Ross (Jan 2005).
 
While 81% gave specific case support for Timothy McVeigh's execution, Gallup also showed a 65% support AT THE SAME TIME when asked a general "do you support capital punishment for murderers?" question. (Gallup, 6/10/01).
 
22% of those supporting McVeigh's execution are, generally, against the death penalty (Gallup 5/02/01). That means that about half of those who say they oppose the death penalty, with the general question,  actually support the death penalty under specific circumstances, just as it is imposed, judicially.
 
Further supporting the higher rates for specific cases, is this, from the French daily Le Monde December 2006 (1): Percentage of respondents in favor of executing Saddam Hussein:USA: 82%; Great Britain: 69%; France: 58%; Germany: 53%; Spain: 51%; Italy: 46%
 
Death penalty support is much deeper and much wider than we are often led to believe, with 50% of those who say they, generally, oppose the death penalty actually supporting it under specific circumstances, resulting in 80% death penalty support in the US, as recently as December 2006.
 
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Whatever your feelings are toward the death penalty, a fair accounting of how it is applied should be demanded.
 
copyright 1998-2008 Dudley Sharp
 
Dudley Sharp, Justice Matters
e-mail  sharpjfa@aol.com,  713-622-5491,
Houston, Texas
 
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-Span, FOX, NBC, NPR, PBS and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
 
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
 
Pro death penalty sites 

homicidesurvivors(dot)com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx

www(dot)dpinfo.com
www(dot)cjlf.org/deathpenalty/DPinformation.htm
www(dot)clarkprosecutor.org/html/links/dplinks.htm
joshmarquis(dot)blogspot.com/
www(dot)lexingtonprosecutor.com/death_penalty_debate.htm
www(dot)prodeathpenalty.com
www(dot)yesdeathpenalty.com/deathpenalty_contents.htm  (Sweden)
www(dot)wesleylowe.com/cp.html

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