THE TRUTH ABOUT THE DEATH PENALTY

1worldinternational is pleased to have Andrea Trattner as its guest author. This week she presents a compelling polemic on the death penalty. 1worldinternational assures its readers that the views of supporters of the death penalty will be somewhat altered after viewing this page. Again, the views espoused by the author are solely hers.


Note: This article refers mainly to the USA, which is the only G8 country continuing to enforce the death penalty. Most readily available data regarding convictions and executions is from US sources, with other countries, such as China, refusing to publish official statistics relating to convictions and executions. It is therefore reasonable to assume that the actual number of executions carried out each year is substantially higher than official reports suggest.


Intoduction

In May 2012, Columbia University law professor James Liebman published an article (An Anatomy of a Wrongful Execution (2012), of his findings following an investigation into the case of Carlos DeLuna, convicted of stabbing a Hispanic woman to death in 1983. Liebman’s investigation highlighted a catalogue of errors that had led to the conviction of DeLuna, throwing serious doubt on the conviction.

However, Carlos DeLuna could not benefit from the findings of this investigation. This was because following his conviction in the state of Texas, he was executed by lethal injection in 1989, more than 20 years before Liebman’s findings were published.


Flaws in the Arguments of the Supporters of the Death Penalty

The conviction of Carlos DeLuna rested on the testimony of an eyewitness who saw a Hispanic man leaving the scene of the crime, who later identified that man to be DeLuna. The forensic evidence gathered rendered no conclusive findings and DeLuna not only claimed to be innocent, but also named the person that he believed to be guilty, a man known to the police following a string of offences, including armed robbery and as a suspect in another murder investigation. In addition, the man that DeLuna named as the murderer, a Mr Hernandez, was also reported to have confessed to the murder at one point.

Liebman concluded that the flaws in the investigation, not least “faulty eyewitness testimony, poor legal representation and evidence withheld from the defence — continue to put innocent people at risk of execution….”


Arguments against the Death Penalty

The possibility of innocence is one of the strongest arguments against the use of the death penalty. The possibility of wrongful execution is very real as no criminal justice system is without human error; people make mistakes and this has led to wrongful convictions in capital cases. Human error takes many forms within the justice system:

• eyewitness error - from confusion or faulty memory
• government misconduct - by both the police and the prosecution
• junk science - mishandled evidence or use of unqualified "experts"
• snitch testimony - often given in exchange for a reduction in sentence
• false confessions - resulting from mental illness or retardation, as well as from police torture
• other - hearsay, questionable circumstantial evidence, etc.

Since 1973, 140 people have been released from death row in light of new evidence. There is no way to accurately calculate how many innocent people have been wrongly executed as courts do not entertain claims of innocence once the defendant is dead. However, there are cases where evidence has come to light which strongly suggests the defendants’ innocence after the sentence has been carried out. Whatever the cause of the wrongful execution, there is no way to compensate for the mistake once the truth comes to light.


Executions

Globally, although fewer countries are carrying out executions (21 countries worldwide in 2011) the number of executions carried out in 2011 showed an increase from 2010 figures, mainly attributed to the “significant increase” of executions in Iran, Iraq and Saudi Arabia.

At least 676 executions were known to have been carried out in 2011 with more than 18,750 people sentenced to death worldwide by the end of 2011. According to the UK newspaper, The Guardian, the countries that carried out the most executions in 2011 are believed to be China, Iran, North Korea, Yemen and USA, with the USA being the only G8 country to have carried out executions. Official figures do not include the thousands of executions which are believed to be carried out in China as China does not provide any figures regarding convictions and executions.

The USA is not only the only remaining G8 country to carry out executions; it is also one of the five top executioners based on 2011 figures. Since reintroducing the death penalty in 1976, 1295 people have been executed. In 2011, 43 people were executed in 13 of the 33 states that retain the death penalty. This year 18 executions have been carried out so far. The state of Texas has carried out most executions since 1976, with Texan executions totalling 30% of the USA total in 2011.


The Future

In November 2012 Californians will vote in a referendum considering the abolition of the death penalty. This measure would replace the death penalty for death row inmates to life imprisonment. In California only 13 executions have been carried out since reintroducing the death penalty in 1978 with no executions being carried out since 2006.

In light of the presence of human error in the legal justice system, clearly demonstrated by cases such as that of Carlos DeLuna, it must be concluded that the death penalty is not an acceptable punishment for crimes as errors made in the conviction cannot be rectified later. Innocent people have been executed, which is not justice and cannot be compensated for after the sentence has been carried out.


Sound-off

There is currently no evidence that demonstrates that States that have death penalty laws have lower crime rates than states without such laws. The death penalty has no deterrent effect on the crime rates.

Furthermore, there is a serious moral issue with giving the power over life and death to members of the judicial system. Not least because of the known presence of human error and possibility for judgements to be influenced for personal or political gain. Legally, some countries carry out the death penalty but this does not mean that morally, it isn’t wrong.



Andrea Trattner studied law in Austria and England. She worked as a volunteer for Amnesty International for many years. She dealt in particular with issues about Africa (Zimbabwe). Her personal interest is above all the issue of death penalty and its abolition, in particular regarding death penalty in the USA.

GLOBAL PERSONALITY OF THE WEEK

It was reported in the last week that the Chinese dissident, Fang Lizhi had died in America at the age of 76. Lizhi left his homeland of China for America in 1990 over fears that he would be targeted by the Chinese authorities for his part in orchestrating civil protests.

Fang Lizhi famously played a major part in the 1989 Tiananmen Square protest in Beijing. Lizhi was said to have hosted pro-reform meetings at his residence, written to the government on several occasions urging the release of pro-reform activists and actively engaging in pro-reform activities and in the process risking his life and that of his family.

The man who defined human rights as “fundamental privileges that people have from birth, such as the right to think and be educated, the right to marry and so on” may be gone, but his legacy of risking it all for what is right will never be extinguished.

GLOBAL PERSONALITY OF THE WEEK

Chinese dissident, Zhu Yufu is this week’s 1worldinternational Global Personality of the Week. Mr Yufu, is at present facing trial in the country’s eastern city of Hangzhou for composing a poem sent via Skype which allegedly references Tiananmen Square. Observers recall that the Tiananmen Square massacre of 1989 is one of the country’s darkest moments hence the government’s hard line stance in its approach to this matter.

The poem titled “Its time” has resulted in Yufu being charged with the crime of “inciting subversion of state power”. A few lines of the poem read: “With your own two feet/ Its time to head to the Square and make your own choice/ Its time people of China/ Its time”. Yufu’s previous term in jail does not appear to have altered his course and we hope his actions continue to inspire dissidents and human rights activists alike in their fight for justice.

2011 NEWS STORIES OF THE YEAR AND ONES TO WATCH IN 2012

Today, 1worldinternational compiles and publishes its list of the most newsworthy stories of 2011 and predictions of 2012’s expected headlines. In no particular order, the following countries provided 2011’s most newsworthy stories:

1. Tunisia – The country held its first elections following the end of Zine al-Abidine Ben Ali’s twenty something year rule. Many forget that the wind of change generated by the Arab spring emanated from the self immolation of Tunisia’s Mohamed Bouazizi.

2. South Sudan – The country became the 193rd state party to the UN Charter following a referendum in which 99% voted in favour of secession from Sudan.

3. Egypt – 2011 saw the end of the reign of Hosni Mubarak’s authoritarian 30-year rule. Mr Mubarak is at present facing trial for charges of murder which carries the death penalty if found guilty.

4. Libya – The UN Security Council Resolution 1973 brought Muammar Gaddafi’s 42 year rule to an end. Unfortunately Colonel Gaddafi did not live long enough to face the law before the Courts as he met his death in what can best be described as mysterious circumstances.

5. Cote d’Ivoire – Troops loyal to the incumbent President Alassane Ouattara overpowered rival forces led by Laurent Gbagbo following a disputed election reportedly won by the former. Mr Gbagbo will face the International Criminal Court (ICC) next year.

6. Serbia – Europe’s most wanted man and Bosnian Serb, Ratko Mladic, was finally captured after years of being on the run. The phrase ‘justice delayed is not justice denied’ could not be more apt on this occasion.

7. Afghanistan – The al-Qaeda figurehead, Osama bin Laden was shot dead by American troops in Pakistan. The al-Qaeda leader was said to have been a resident of Pakistan for a while. The violence still continues thus disproving the belief that the most effective way of killing a snake is by chopping its head off.

8. Palestine – With Mahmoud Abbas at the helm furthering its cause, Palestine was granted full membership of UNESCO although his quest for independence at the UN Security Council was unsuccessful. Mr Abbas is likely to say that the UNESCO endorsement is a step further towards its goal of full recognition as a nation.

9. Yemen – Like his Tunisian, Libyan and Egyptian counterparts, the Yemeni President, Ali Abdullah Saleh’s 33-year reign came to an end in 2012. Under an agreement drafted by the Gulf Cooperation Council (GCC), Mr Saleh will formally step down from power in February/March of 2012.

10. Saudi Arabia – The unthinkable happened when King Abdullah decreed that women would for the first time have the right to vote and run in local elections from 2015.


ONES TO WATCH IN 2012

1. Afghanistan – Following President Barack Obama’s declaration, it is expected that the 33,000 US troops in Afghanistan will leave the country by mid -2012. With the level of violence being experienced by the country from insurgents at this time, President Obama may need to re-evaluate this move.

2. South Sudan – Latest clashes between the world’s newest country and its neighbour, Sudan, has the potential to escalate into a full blown conflict. Watch this space as they say.

3. Russia – Prime Minister Putin and yours truly never thought the day would come when protesters would defy threats of intimidation and the authorities to voice their displeasure over alleged rigged elections in the country. It remains to be seen whether the protests will lead to a rerun of the disputed elections or even, be the precursor to the end of Mr Putin’s presidential bid.

4. Iran – The country’s burgeoning nuclear ambitions have been frowned upon by the likes of Britain, USA and Israel. The proclamations of the Ayatollah and President Ahmedinejad have certainly not helped matters. With recent murmurings of Israeli and US joint military action, one fears we have not heard the last of this one.

5. North Korea – Kim Jong Un was named Supreme Commander following the death of his father Kim Jong Il earlier this month. Observers hope that a new course of action will be taken by the new leader in terms of its relationship with the international community. Kim Jong Un’s recent warning to South Korea and its allies that there will be no change in policy perhaps extinguishes the aforementioned hope.

6. Congo – Joseph Kabila’s disputed election victory in December 2011 led to violence, looting and destruction in this already conflict-ridden country. One of his opponents during the elections, Etienne Tshisekedi rejected the election results and proceeded to swear himself in as President. At present, there is no indication of any dialogue taking place between the parties; therefore one can only predict a continuation of the topsy turvy state of affairs which the country is now used to.

7. Iraq – 39,000 US troops were withdrawn this year after a 9-year campaign in the country which saw the overthrow of Saddam Hussein. There are real fears of sectarian violence and political impasse following the withdrawal.

8. The Middle East – Palestine, Syria, Yemen, Lebanon, Israel, Hezbollah, Hamas etc. Needless to say, there will be numerous newsworthy articles emanating from this region of the world as has always been the case.

9. China – Like Russia, few would have thought that protesters would be able to summon up courage to voice their distaste for the country’s ruling party and the endemic corruption prevalent in the nation. Will the Arab Spring spread to the Far East? One doubts it though one would have had to be a prophet to predict the downfalls of Gaddafi, Mubarak, Ben Ali and Saleh in 2011.

10. Yemen – Mr Saleh’s agreed handover date of February/March 2012 steadily approaches although this has not provided much delight to Yemenis as Mr Saleh has in the past reneged on promises made to leave power. The world watches with bated breath.