June 18, 2000

Bush Softens Death Penalty Stance, Gore Ducks Issue

Texas Governor George W. Bush’s stand on capital punishment appeared to soften this month – whether by doubt, conversion or politics. No matter, the subject deserves continuing examination.

He issued his first reprieve of a condemned man -- albeit for just 30 days. The prisoner was only 20 minutes away form a lethal injection.

The delay will allow a DNA test to be performed on behalf of Ricky McGinn convicted of raping and murdering his 12-year- old stepdaughter in 1993. McGinn maintains he is innocent.

Opponents of capital punishment contend McGinn should have been tested before his trial in 1995.

Bush’s supporters say, “Yes, indeed. And it should have been done before he became governor. His delay now is an example of compassionate conservatism.”

One could wonder why Bush waited until the last minute to be compassionate. But, hey, politics is politics. Vice-president Al Gore’s stance on capital punishment is unequivocal avoidance of the issue.

The latest Gallup Poll shows 66 percent of Americans approve the death penalty – down from the 1995 high of 79 percent.

Bush, a staunch law-and-order administrator, perhaps trusts the judicial system overly much. In his five and a half years as governor, 131 court-ordered executions have been carried out in Texas without intercedence.

When challenged during an early primary, Bush declared: “I am confident that every person put to death in Texas on my watch has been guilty of the crime charged and had full access to the courts.”

Certainly, everyone should have confidence in the courts – especially law enforcement officers. Democracy depends upon respect for laws impartially rendered by trained judges.

This is not always so, according to abolitionists. They cite hundreds of cases botched by incompetent or careless attorneys and jurists. Two or three convicted murderers are released every year because of new evidence or courtroom technicalities.

Illinois Gov. George Ryan last January condemned “this shameful record of convicting innocent people.” His state has released 13 death-row inmates since 1976, one more than it has executed. Ryan declared a moratorium on executions until the judicial system shapes up.

Moratoriums are being considered by New Jersey, Pennsylvania, Maryland, Oklahoma, Alabama and Washington state. Sen. Russ Feingold of Wisconsin has introduced a bill in Congress calling for a temporary halt to executions nationwide.

Poor blacks -- often represented by court-appointed public defenders – are convicted and executed disproportionately to whites able to pay their own lawyers. Cynics say this is because disadvantaged, untutored people of color disproportionately commit more crimes.

Be that as it may, the number of convictions and executions by race are much the same.

In Texas, as of April l, there were 188 blacks, 166 whites and 103 Hispanics on death row. The number of executions since 1976 was 111 whites, 74 blacks and 31 Hispanics.

California had 568 death-row inmates – 229 whites, 207 blacks and 106 Hispanics. The numbers of executions since 1976 were 5 whites, l black and 2 “other.” Most death row inmates die of disease, old age or prison murder -- while waiting for appeal decisions -- than are executed.

New York had 5 on death row – 3 white, 1 black and l other. There has not been a single execution there since 1976.

Nationwide, only 5 percent of convicted murderers are executed. Of course, that small number is unacceptable if even one, innocent person is deprived of life.

Opponents inflate this possibility by citing the number of people set free on appeals. These lucky, or deserving, persons are categorized as “innocent,” or “exonerated.” In nearly all instances, though, the lawyers or judges trying their cases committed technical errors or demonstrated incompetence.

Most developed nations have abolished capital punishment. The principal holdouts are United States, Japan, China, Iran, and Saudi Arabia. The U.S. abolished the death penalty for a short time before 1976 but most states resumed it as the crime rate started up.

Since then, 640 people have been executed for capital crimes by the federal government and the 38 states that impose the death penalty. Last year, 98 persons were put to death. The total is expected to climb.

Now that the murder rate has dropped 30 percent in recent years, fervor for capital punishment has cooled among Americans generally but intensified among opponents.

Proponents, the majority, are convinced the drop in homicides is the result of reinstituting the death penalty. Thus, the crime deterrent and Biblical foundation for capital punishment still prevails.

Hopefully, capital punishment laws will be reformed by the next Congress to recognize the benefits of DNA testing, modern attitudes, uniform rules, ready access to competent lawyers and speedy decisions.

The country needs better than it’s getting.

PARTING SHOTS

Two computer hard drives containing nuclear bomb secrets are missing from a Los Alamos Laboratory vault. Maybe Clinton can buy them back from China.

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No matter what happens, there is always someone who knew it would.

Lindsey Williams is a Sun-Herald columnist and can be reached at linwms@lindseywilliams.org.