Philip Yam is the News Editor of Scientific American Magazine. He recent­ly post­ed an item on the mag­a­zine’s Web site about the death penal­ty. Some excerpts from the post­ing, enti­tled Science ver­sus the Death Penalty,” are below:

The U.S. remains the only devel­oped Western nation to per­mit exe­cu­tions despite seri­ous flaws in the sys­tem. No need for any paci­fi­cist pro­cliv­i­ty or lib­er­al lean­ing to see that – just look at the science.

First, there’s DNA evi­dence. Although it can­not prove guilt beyond all doubt – who can for­get O.J. Simpson? – it can defin­i­tive­ly prove inno­cence. The first DNA exon­er­a­tion occurred in 1989, and since then many on death row have been set free because of it – the Death Penalty Information Center counts 122 exon­er­a­tions since 1973. It showed that too many con­vic­tions result­ed from slop­py or overzeal­ous police work and pros­e­cu­tion, or incom­pe­tent defense attor­neys. It helped con­vince then Republican gov­er­nor George Ryan of Illinois in 2003 to declare the death penal­ty arbi­trary and capri­cious” and to com­mute the sen­tences of all 157 inmates on the state’s death row.

But DNA isn’t the only con­tri­bu­tion from sci­ence to this issue. Thanks to psy­chol­o­gy stud­ies, we know that the human brain can, with rather dis­turb­ing ease, cre­ate false mem­o­ries. (See, for instance, a news sto­ry on the top­ic in the December 2005 issue of Scientific American Mind, or the fea­ture arti­cle Creating False Memories,” by Eiizabeth Loftus in the September 1997 Scientific American.) We know that wit­ness tes­ti­mo­ny can be unre­li­able, even when it comes from upstand­ing cit­i­zens and not just from co-defen­dants or jail­house snitch­es who have been promised sweet deals. We know that some per­son­al­i­ty types are more like­ly to yield to the pres­sures to con­fess – and that these peo­ple do so just to please their inter­roga­tors or to avoid harsh treatment.

Most states are now rec­og­niz­ing the weak­ness­es of the death penal­ty. The num­ber of cap­i­tal sen­tences have dropped from a peak in the ear­ly to mid-1990s of a bit more than 300 per year to about 100 in 2005, accord­ing to data com­piled in the December 17 issue of the Economist.

Science has shown that our death penal­ty sys­tem is deeply flawed. Now the U.S. pub­lic needs to see those flaws.

(Scientific American, Blog: Sciam Observations, post­ed Jan. 5, 2006 by Philip Yam). See also Innocence.

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