On June 13, CBS News’ pro­gram Sunday Morning fea­tured a report enti­tled, The Slow Death of the Death Penalty, which addressed var­i­ous issues regard­ing the use of the death penal­ty today. The report high­light­ed the cas­es of Ronnie Lee Gardner, who was sched­uled to be exe­cut­ed in Utah this week, and Gaile Owens, whose sched­uled exe­cu­tion in September would make her the first woman to be exe­cut­ed in Tennessee since 1820. The video fea­tured inter­views from many death penal­ty experts, includ­ing Kelly Henry, a fed­er­al pub­lic defend­er rep­re­sent­ing Gaile Owens. Henry said mit­i­gat­ing cir­cum­stances of sex­u­al and emo­tion­al abuse were not pre­sent­ed dur­ing Owens’s tri­al and could have changed the out­come of the case. She said that Owens’s tri­al coun­sel pro­vid­ed woe­ful­ly inad­e­quate rep­re­sen­ta­tion. The report illus­trat­ed the arbi­trari­ness of the death penal­ty by point­ing to anoth­er woman in Tennessee who was also respon­si­ble for her hus­band’s death and who received only a light sen­tence. Richard Dieter, Executive Director of the Death Penalty Information Center, who was also fea­tured in the report, said, If we had a death penal­ty that only picked the worst of the worst that it would make some sense, but what we have is often the death penal­ty for those who had the worst lawyer.”

The report not­ed the declin­ing use of the death penal­ty in the U.S. Dieter point­ed to some of the rea­sons why less death sen­tences are being hand­ed down: The vic­tim is always a bet­ter per­son to side with, but there are prin­ci­ples, there are fair­ness issues. Americans have a basic sense of fair­ness and they know the death penal­ty is con­tra­dict­ing that.” New York Law School Professor Robert Blecker, a sup­port­er of the death penal­ty, agreed in part: “[The death penal­ty] does­n’t work well enough. There are many deep flaws in both direc­tions. Many peo­ple are being con­demned to die who do not deserve to die. And peo­ple are not being con­demned to die who do deserve to die.”

(CBS News, The Slow Death of the Death Penalty,” June 13, 2010). See also Arbitrariness and Representation. Click here for DPIC’s Multimedia Resources.

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