Every so often, one capital case makes a public spectacle of the American machinery of death. Last week, it was the controversy over Troy Davis, who was executed in Georgia after years of impassioned argument, organizing and litigation.
I honor those who worked so hard to save Davis’s life because they forced the nation to deal with the imperfections and, in some instances, brutalities of the criminal justice system.
Yet after all the tears are shed, the repeal of capital punishment is still a political question. Can the politics of this question change? The answer is plainly yes.
It’s hard to imagine now, but in 1966, more Americans opposed the death penalty than supported it — by 47 percent to 42 percent. But the crime wave that began in the late 1960s and the sense that the criminal justice system was untrustworthy sent support for capital punishment soaring. By 1994, 80 percent of Americans said they favored the death penalty, and only 16 percent were opposed.
Since then, the numbers have softened slightly. Over the past decade, the proportion of Americans declaring themselves against capital punishment has hovered around 25 to 32 percent. The mild resurgence of opposition — caused by a decline in violent crime and by investigations raising doubts about the guilt of some death-row prisoners — has opened up political space for action.
Liberals are not going to lead this fight. Too many Democratic politicians remember how the death penalty was used in campaigns during the 1980s and ’90s, notably by George H.W. Bush against Michael Dukakis in 1988. They’re still petrified of looking “soft” on crime.
Moreover, winning this battle will require converting Americans who are not liberals. The good news is that many are open to persuasion. Gallup polling shows that support for capital punishment drops sharply when respondents are offered the alternative of “life imprisonment, with absolutely no possibility of parole.” When Gallup presented this option in its 2010 survey, only 49 percent chose the death penalty; 46 percent preferred life without parole.
And a survey last year for the Death Penalty Information Center by Lake Research Partners showed that if a variety of alternatives were offered (including life without parole plus restitution to victims’ families), respondents’ hard support for the death penalty was driven down to 33 percent.
If a majority is open to persuasion, the best persuaders will be conservatives, particularly religious conservatives and abortion opponents, who have moral objections to the state-sanctioned taking of life or see the grave moral hazard involved in the risk of executing an innocent person.
Despite the cheering for executions at a recent GOP debate, there are still conservatives who are standing up against the death penalty. In Ohio this summer, state Rep. Terry Blair, a Republican and a staunch foe of abortion, declared flatly: “I don’t think we have any business in taking another person’s life, even for what we call a legal purpose or what we might refer to as a justified purpose.”
Last week, Don Heller, who wrote the 1978 ballot initiative that reinstated the death penalty in California, explained in the Los Angeles Daily News why he had changed his mind. “Life without parole protects public safety better than a death sentence,” he wrote. “It’s a lot cheaper, it keeps dangerous men and women locked up forever, and mistakes can be fixed.”
The most moving testimony against Troy Davis’s execution came from a group of former corrections officials who, as they wrote, “have had direct involvement in executions.”
“No one has the right to ask a public servant to take on a lifelong sentence of nagging doubt, and for some of us, shame and guilt,” they said. “Should our justice system be causing so much harm to so many people when there is an alternative?”
Political ideology has built a thick wall that blocks us from acknowledging that some of the choices we face are tragic. Perhaps we can make an exception in this case and have a quiet conversation about whether our death-penalty system really speaks for our best selves. And I thank those conservatives, right-to-lifers, libertarians and prison officials who, more than anyone else, might make such a dialogue possible.
By: E. J. Dionne, Opinion Writer, The Washington Post, September 25, 2011
When you visit Atlanta, ask about the death of Troy Davis, an execution by lethal injection as miles of people across land and sea kept a vigil until it came to pass at 11:08 p.m. last Wednesday evening.
Nice to know law and order—or do I mean lynch law and order?—prevails in the stubborn deep South, whatever the world thinks. Davis was put to death despite a slew of supporters, including dignitaries and law enforcement experts, who found shades of reasonable doubt in his murder case.
In a stroke of amazing timing and relevance, Georgia’s capital city is the setting of a tragical musical, Parade, based on a true story of a 1915 lynching. I just saw the brilliant production on opening night at Ford’s Theatre on 10th Street here in Washington—the very spot where Abraham Lincoln was shot at close range, by someone he never saw coming in the dark. A vengeful son of the South, an actor, played a Shakespearean scene for all he was worth—MacBeth, Lincoln’s favorite.
On that tragic April night, Lincoln was heartily enjoying a comedy. Similarly, all seems bright at first in this Ford’s Theatre play. Parade’s exuberant ensemble charms with spring songs, costumes, and revelry as the curtain opens on Atlanta’s celebration of “Confederate Memorial Day” in April 1913. But the holiday itself reveals the defiance of Atlanta’s white society, keeping the anti-Yankee candles burning.
The theatre director, Paul R. Tetreault, expertly captures the tableau of a wounded world that tells itself, over and over, that it was never vanquished, despite the festering sore of the Recent Unpleasantness.
An old guard culture, hostile to outsiders, was the downfall for a Jewish New Yorker in his early 30s, Leo Frank, who made a good living as a factory superintendent. He was accused and arrested of a gruesome child murder. Playwright Alfred Uhry, author of Driving Miss Daisy, wrote the book for the Broadway play, launched onstage in 1998. Uhry has family ties to the story, in true Southern storytelling style. There are no secrets down there, except the ones they choose to tell years later.
Parade is no picnic as it wends its way through the Southern justice system on a murder case that became a national cause, like the Davis case. Frank was found guilty of fatally strangling a girl worker in his pencil factory. When he was sentenced to hang, there was an outcry from quarters who felt a virulent strain of anti-Yankee anti-Semitism played a part in the verdict.
The governor of Georgia a century ago, John Slaton, went against the will of Atlanta’s townspeople. His character, portrayed by Stephen F. Schmidt, exhibits courage and pathos, clear about the consequences of bucking the establishment. Governor Slaton reviews the conflicting evidence in Frank’s case and grants him clemency: life imprisonment instead of death by the state’s hand. That is precisely what Georgia state officials refused to do for Troy Davis.
Lead actor Euan Morton telegraphs Frank’s desperate plight with impressive restraint. Jenny Fellner, the actress who plays his wife Lucille, sparkles onstage with her singing voice and her journey to loving her husband, locked up and alone, more than she ever did.
Relentlessly, the end closes in. A well-connected mob of white men break into the jail where Frank is held, to take him for a long night ride. It was a well-planned thing. In the show as in life, the hooded men string Frank up—as he prays in Hebrew—and hang him, with picture postcards to show for it all. Very nice.
So if you get to Marietta, ask them about the tree where Frank was hanged. Yes, Georgia has lots of colorful local history, and the fun part is trying to see where the past ends and the present begins. Both the Davis and Frank convictions were reviewed by the U.S. Supreme Court, which denied relief or mercy in both cases. Oliver Wendell Holmes, the famous justice, scolded Georgia for what he called a form of “lynch law” in Frank’s trial. But he was a damn Yankee in the minority.
Tetreault and others chose this timely tale to inaugurate The Lincoln Legacy Project, an initiative to spark a national dialogue on overcoming violence based on hate or bigotry. Parade’s history lesson could not be more sobering. Early in the 20th century, lynchings of black men were at an all-time high in the Southern states (including Maryland.) This was a spur to the founding of the National Association for the Advancement of Colored People (NAACP) in 1909. Ari Roth of Theater J, a partner in co-producing the play, notes Frank met the same fate as so many black men at the hands of mobs. Parade, Roth said, is a “galvanizing reminder of what can go wrong in our country when hate speech and raging angers aren’t tempered and set to rest.”
Amen. And let the conversation begin.
By: Jamie Stiehm, U. S. News and World Report, September 26, 2011