Professor John Bessler Traces Italian Philosopher's Abolitionist Legacy in New Book and Article
In 1764, Italian philosopher Cesare Beccaria wrote the treatise, Dei delitti e delle pene, which author John Bessler (pictured) says spawned global movements for fair and proportional punishment and against practices such as torture and the death penalty. Beccaria’s book was a best-seller that swept across Europe and, translated into English in 1767 as An Essay on Crimes and Punishments, into the American colonies, shaping the beliefs of America’s founding fathers, and influencing leaders, revolutionaries, and law reformers. In two recent publications, Bessler—a law professor and author of numerous books on the death penalty—traces the lasting influence of the 18th-century Italian nobleman and describes how Beccaria’s advocacy of equal treatment under the law and his powerful opposition to torture and the death penalty remains relevant today and has inspired an international movement that, he says, now “involv[es] scores of highly respected anti-death penalty activists and organizations.” Bessler’s latest book, The Celebrated Marquis, takes its title from a compliment given to Beccaria by the delegates of the Continental Congress. In it, Bessler describes how Beccaria’s ideals have taken root in the U.S. and shaped progressive criminal justice reforms across a span of 250 years. His article, The Abolitionist Movement Comes of Age, published in the winter 2018 issue of the Montana Law Review, chronicles Beccaria’s historical impact on efforts to abolish the death penalty across the globe. “There was a time when death sentences and executions were almost universally embraced throughout the world and when the punishment of death was the mandatory punishment for a wide array of felonies,” Bessler writes. “That has largely changed, with those changes in law and practice taking place in many nations.” The death-penalty debate, he writes, has transformed over the centuries “from one that originally focused on absolute power, the divine right of kings, and the asserted right of monarchs to take human life with impunity, to one focused on whether it violates basic or fundamental human rights for the state to kill individual offenders.” Comparing it to the anti-slavery movement in the 19th century, Bessler says “today’s global anti-death penalty movement ... has finally come into its own on the international stage.” Looking forward, he says, one can see a day in the not too distant future in which there is a peremptory international norm against executions and the death penalty itself joins torture as a prohibited international practice.
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NEW RESOURCES: University of Virginia Interactive Database Maps the Modern Death Penalty
The University of Virginia School of Law has created a new interactive web resource (click on map) that allows researchers and the public to visually explore death-sentencing practices in the United States from 1991 through 2017. The interactive map provides county-level data on death sentences imposed across the United States, drawing from a new database created by University of Virginia Law Professor Brandon Garrett (pictured) for his recent book, End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice. The interactive map, which is a web supplement to the book, permits users to view where and how many death sentences were imposed in the U.S. each year, and to contrast and compare sentencing patterns over time in states, counties, and the U.S. as a whole. Using a slider to view chronological shifts in sentencing patterns, the map illustrates how death sentences have declined nationwide and become increasingly isolated to a few outlier counties. “This is the first resource to map out modern death sentencing in the United States,” Garrett said. “The mapping vividly shows how geographically isolated death sentencing has become.” The data forms the backbone of End of Its Rope, in which Garrett analyzes the dramatic decline in the use of the death penalty over the last 25 years. The publicly available database contains information on more than 5,000 death sentences, allowing researchers and lawyers to analyze patterns and trends. “Several researchers, in addition to those of us at UVA, have already made use of the data, and we hope that more do so in the future,” Garrett said. Garrett worked with a UVA Law librarian, law students, and undergraduates to compile the data from government records, court rulings, and other sources.
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BOOK: “Surviving Execution” Chronicles Miscarriages of Justice in the Richard Glossip Case
In his new book Surviving Execution: A Miscarriage of Justice and the Fight to End the Death Penalty, Sky News reporter Ian Woods tells the story of his relationship with condemned Oklahoma prisoner Richard Glossip, whose case gained prominence after the U.S. Supreme Court agreed to review his challenge to the state’s lethal-injection procedures. Although Glossip’s case is most frequently associated with the Supreme Court’s 2015 decision in Glossip v. Gross and Oklahoma’s dramatic, last-minute recission of his execution warrant when the state’s anonymous drug supplier delivered the wrong execution drug, Surviving Execution focuses more on Glossip’s conviction itself and the author’s belief that Oklahoma is attempting to execute an innocent man. Glossip, who has consistently maintained his innocence, was prosecuted and sentenced to death in Oklahoma County by a prosecuting administration riddled with misconduct in capital cases. The book chronicles the details of Glossip’s conviction, exposing the numerous holes Woods sees in the state’s case. Against the backdrop of multiple execution dates, Woods explains how he developed a friendship with Glossip, and in turn, witnessed the intensive ourpouring of support that Glossip gained as his execution date approached, including the high-profile involvement of Sister Helen Prejean, actress Susan Sarandon, and British businessman Richard Branson. Woods—whom Glossip asked to witness the execution—also discusses his personal struggle over whether to watch a man die at the hands of the state. Glossip's execution, originally scheduled for January 2015, was stayed while the Supreme Court reviewed his lethal-injection case. After his narrow 5-4 loss in that case, Oklahoma rescheduled his execution for September 2015. That execution date was stayed by the Oklahoma courts to consider Glossip's claim of innocence. Ultimately, the state court gave the go-ahead for the execution, and Glossip's execution was rescheduled for later in the month. However, that execution attempt was halted when the state failed to obtain the correct lethal-injection drug and all executions in Oklahoma were put on hold while the state reviewed its execution procedures. Woods’ book attempts to combine journalistic independence with his search for the truth and his conclusion that Glossip was not guilty of the murder of victim Barry Van Trease. In a Sky News podcast just before the aborted execution was to occur, Woods summarized Glossip’s case, saying, “There is no incontrovertible proof that Richard Glossip is guilty of murder. No forensic evidence, no eyewitness account, other than that of the killer, who saved his own skin by blaming Richard. The state of Oklahoma is going to kill him on Wednesday, so I’m not going to sit on the fence any longer. I'm telling you: I think that’s wrong.” In Surviving Execution, Woods explains why.
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BOOK: Death-Row Exoneree Anthony Ray Hinton Publishes “Heart-Wrenching Yet Ultimately Hopeful” Memoir
Anthony Ray Hinton spent thirty years confined on Alabama's death row for murders he did not commit. Three years after his exoneration and release, he has published a memoir of his life, The Sun Does Shine: How I Found Life and Freedom on Death Row, that recounts stories from his childhood, the circumstances of his arrest, the travesty of his trial, how he survived and grew on death row, and how he won his freedom. The book, co-authored with Lara Love Hardin, has earned praise from Kirkus Review as an “urgent, emotional memoir from one of the longest-serving condemned death row inmates to be found innocent in America,” and "[a] heart-wrenching yet ultimately hopeful story about truth, justice, and the need for criminal justice reform." Nobel laureate Archbishop Desmond Tutu called Hinton's book "an amazing and heartwarming story [that] restores our faith in the inherent goodness of humanity." The memoir begins: “There’s no way to know the exact second your life changes forever.” He was arrested in 1985 and capitally charged in connection with the murder of two fast-food restaurant managers, even though he had been working in a locked warehouse 15 miles away when that crime was committed. The prosecutor, who had a documented history of racial bias, said he could tell Hinton was guilty and "evil" just by looking at him. Hinton's incompetent trial lawyer did not know and did not research the law, and erroneously believed the court would not provide funds to hire a qualified ballistics expert to rebut the state expert's unsupported claim that the bullets that killed the victims had been fired from Hinton's gun. Instead, his lawyer hired a visually impaired "expert" who did not know how to properly use a microscope, whose testimony was destroyed in front of the jury. Hinton was convicted and sentenced to death. Hinton speaks candidly about the psychological effect executions of other prisoners had on him as he feared execution for crimes he did not commit. Writing about the 1987 execution of Alabama prisoner Wayne Ritter, Hinton says, “I didn’t even realize they had executed [him] until I smelled his burned flesh.” Faced with this gruesome reality, Hinton realized, “I wasn’t ready to die. I wasn’t going to make it that easy on them.” In 2002, three top firearms examiners testified that the bullets could not be matched to Hinton's gun, and may not have come from a single gun at all. In 2014, the U.S. Supreme Court unanimously held that Hinton had been provided substandard representation and returned his case to the state courts for further proceedings. Prosecutors decided not to retry him after the state's new experts said they could not link the bullets to Hinton's gun. Hinton's lead attorney in the efforts to overturn his conviction and obtain his freedom was Bryan Stevenson, Executive Director of the Equal Justice Initiative and author of Just Mercy. In the forward to The Sun Does Shine, Stevenson writes that Hinton’s story “is situated amid racism, poverty, and an unreliable criminal justice system.” Hinton, he writes, "presents the narrative of a condemned man shaped by a painful and tortuous journey around the gates of death, who nonetheless remains hopeful, forgiving, and faithful." Hinton—the 152nd person exonerated from America's death rows since 1973—says he hopes his story will increase public awareness of the risks of executing the innocent and the irreparable failures of the nation's capital-punishment system. "The death penalty is broken," he writes, "and you are either part of the death squad or you are banging on the bars.”
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Researcher: Racial Disparities Require Abolishing or Severely Restricting Death Penalty
Severely restricting the use of capital punishment or abolishing the death penalty altogether would help rectify some of the persistent racial disparities found in the United States' criminal justice system, according to Cassia Spohn (pictured), the Foundation Professor of Criminology and Director of the School of Criminology & Criminal Justice at Arizona State University. In a chapter on Race and Sentencing Disparity in the recently released Academy for Justice four-volume study, Reforming Criminal Justice, Spohn—the author of How Do Judges Decide? The Search for Fairness and Justice in Punishment—writes that there is “clear and convincing evidence of racial disparity in the application of the death penalty” in the United States. Spohn's chapter traces the theoretical and methodological development in research into the relationship between race/ethnicity and sentencing over the past eight decades. She concludes that “reducing racial and ethnic disparities in sentencing and punishment requires something more than the passage of legislation designed to reduce incrementally the discretion of prosecutors, judges, and corrections officials." She recommends three major reforms "to reduce both the punitive bite of incarceration and the disparity in punishment": eliminating mandatory minimum sentences, abolishing the death penalty, and enacting Racial Justice Acts that would allow judges to consider whether racial bias played a role in the decision to seek or impose the death penalty and permit prisoners to challenge their sentences with statistical evidence showing a pattern of racial discrimination in sentencing. Spohn cites demographic evidence that, she says, convincingly demonstrates clear racial disparities in the administration of the death penalty in the United States. In 2016, 41.8% of the 2,905 prisoners under sentence of death in the United States and more than a third of those executed since 1977 (34.5%) were Black, although African Americans make up only 13% of the population. Similarly, she writes, those who murder White victims are sentenced to death and executed at disproportionately high rates: from 1977 through 2016, 75.6% of executed prisoners were convicted of killing White victims, as compared to 15.3% who were convicted of killing Black victims, and 6.9% convicted of killing Hispanics. The disparities, she found, were "particularly pronounced" in the use of the death penalty for rape, before the Supreme Court declared that practice unconstitutional in 1977. Between 1930 and 1972, 455 people were executed for rape; 405 of them (89%) were Black men and a number of states did not execute a single White man for rape during this period. Spohn argues that Racial Justice Acts could provide important safeguards in addressing discriminatory death-penalty practices. However, she writes, efforts to enact them have largely failed. The U.S. House of Representatives included a Racial Justice Act as part of the Omnibus Crime Bill of 1994, but it was removed by the Senate, where opponents "argued that it would effectively abolish the death penalty in the United States." Only Kentucky and North Carolina enacted state Racial Justice Acts, and the North Carolina legislature repealed its act in 2013 after four death row prisoners established that race had been a significant factor in their sentencing. Spohn concludes that "[t]he defeat of the Racial Justice Act in Congress and the failure of the issue to gain traction in the states, coupled with persuasive evidence of racial disparity in the application of the death penalty, suggest that the remedy for racial bias in the capital sentencing process is abolition of the death penalty."
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Murder Victims’ Family Members Speak of Moving Forward, Without the Death Penalty
Family members of murder victims share no single, uniform response to the death penalty, but two recent publications illustrate that a growing number of these families are now advocating against capital punishment. In From Death Into Life, a feature article in the January 8, 2018 print edition of the Jesuit magazine America, Lisa Murtha profiles the stories of how several prominent victim-advocates against the death penalty came to hold those views. And in a recently released compilation of essays, Not in Our Name, nine family members of murder victims share their stories of coping, grieving, and reconciliation in the face of losing a loved one to murder, and tell how their experiences transformed their views about capital punishment. “While each has endured the extreme pain of losing a loved one to murder, they all are staunchly opposed to what they say is more violence in the form of a state-sanctioned execution and a death penalty,” said Ron Steiner, leader of Oregonians for Alternatives to the Death Penalty, which released the essays in November. The death penalty is often characterized as providing justice and closure for family members of the victims. But, Murtha writes, "for many, the death penalty provides neither the closure nor the healing that legal and political systems oftentimes promise. Instead, a growing number of victims’ families are saying it inhibits that healing." Murtha reports on the different reasons offered by five different victims’ families who spoke out against the death penalty in 2016. "One learned how profoundly the murderer had changed in prison, another just wanted the appeals to stop and another discovered that the men originally convicted of the crime were actually innocent," she writes. Murtha also recounts the emotional journeys of Bob Curley, Marietta Jaeger Lane, and Bill Pelke, who are now vocal opponents of the death penalty. After his 10-year-old son Jeffrey was murdered, Curley launched a years-long crusade to reinstate capital punishment in Massachusetts, believing the death penalty might prevent something like this from happening [again].” He came to oppose the death penalty after seeing that the man he believed was less culpable for the death of his son received a harsher sentence and became convinced that "the system is just not fair" and could not be trusted to reach the right result in capital cases. Lane, a lifelong practicing Catholic, said she initially wanted to kill the man who abducted and murdered her 7-year old daughter, but she said, "I surrendered [and] did the only thing I could do, which was [give] God permission to change my heart.” Pelke's 78-year-old grandmother was robbed and murdered by group of teenage girls, and 15-year-old Paula Cooper was sentenced to death. Pelke was convinced his grandmother "would have had love and compassion for Paula Cooper and her family and that she wanted me to have that same sort of love and compassion. I learned the most important lesson of my life .... I didn’t have to see somebody else die in order to bring healing from Nana’s death.”
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