The arbitrariness of the death penalty
May 14, 2015 2 Comments
Not only does the death penalty vary dramatically between states, even within states there is huge variance– quite often depending upon how bloodthirsty the local prosecutor is. For example, I always tell my classes about Harris County, Texas (Houston) which typically executes more people than any other state. Nice article in Slate looking at how much difference the particular prosecutor makes (along with plenty of disturbing examples of over-willingness to use the death penalty). Love this summary:
What distinguishes these counties from neighbors that have mostly abolished the death penalty, in fact if not in law? Perhaps the biggest factor is the presence of a handful of disproportionately deadly prosecutors who represent the last, desperate gasps of a deeply flawed punishment regime. Most of their colleagues are wisely turning away from a practice that has revealed itself to be ineffective at deterring crime, obscenely expensive, inequitably administered, and not infrequently imposed upon the innocent. But America’s deadliest prosecutors continue to pursue death sentences with abandon, mitigating circumstances and flaws in the system be damned.
And here’s some nice examples:
Cox is one of them. Jeannette Gallagher of Maricopa County, Arizona, is another. She and two colleagues are responsible for more than one-third of the capital cases—20 of 59—that the Arizona Supreme Court reviewed statewide between 2007 and 2013. Gallagher recently sent a 19-year-old with depression to death row even though he had tried to commit suicide the day before the murder, sought treatment, and was turned away. She also obtained a death sentence against a 21-year-old man with a low IQ who was sexually abused as a child, addicted to drugs and alcohol from a young age, and suffered from post-traumatic stress disorder. She then sent a U.S. military veteran with paranoid schizophrenia to death row. Her response to these harrowing mitigating circumstances has not been to exercise restraint, but rather to accuse each of these defendants of simply faking his symptoms. The Arizona Supreme Court has found misconduct in three of her cases, labeling her behavior as “inappropriate,” “very troubling,” and “entirely unprofessional.”
It’s bad enough that when it comes to executing people are peer nations are Saudi Arabia and Yemen, but the worst part is just how flawed and arbitrary our system of executions (like the rest of American criminal justice) can be.
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