1) There is NEVER absolute certainty of guilt. (Beyond a reasonable doubt is diluted in our society due to emotions.
2) It promotes eye for an eye mentality. – It is promoted for revenge which is improper in any justice system.

Often, the death penalty dialogue gravitates to the subject of innocents at risk of execution. Seldom is a more common problem reviewed. That is, how innocents are more at risk without the death penalty.

Enhanced Incapacitation

To state the blatantly clear, living murderers, in prison, after release or escape, are much more likely to harm and murder, again, than are executed murderers.

Although an obvious truism, it is surprising how often folks overlook the enhanced incapacitation benefits of the death penalty over incarceration.

Enhanced Due Process

No knowledgeable and honest party questions that the death penalty has the most extensive due process protections in US criminal law.

Therefore, actual innocents are more likely to be sentenced to life imprisonment and more likely to die in prison serving under that sentence, that it is that an actual innocent will be executed.

That is. logically, conclusive.

Enhanced Deterrence

16 recent studies, inclusive of their defenses, find for death penalty deterrence.

A surprise? No.

Life is preferred over death. Death is feared more than life.

Some believe that all studies with contrary findings negate those 16 studies. They don’t. Studies which don’t find for deterrence don’t say no one is deterred, but that they couldn’t measure those deterred.

What prospect of a negative outcome doesn’t deter some? There isn’t one . . . although committed anti death penalty folk may say the death penalty is the only one.

However, the premier anti death penalty scholar accepts it as a given that the death penalty is a deterrent, but does not believe it to be a greater deterrent than a life sentence. Yet, the evidence is compelling and un refuted that death is feared more than life.

Enhanced Fear

Some death penalty opponents argue against death penalty deterrence, stating that it’s a harsher penalty to be locked up without any possibility of getting out.

Reality paints a very different picture.

What percentage of capital murderers seek a plea bargain to a death sentence? Zero or close to it. They prefer long term imprisonment.

What percentage of convicted capital murderers argue for execution in the penalty phase of their capital trial? Zero or close to it. They prefer long term imprisonment.

What percentage of death row inmates waive their appeals and speed up the execution process? Nearly zero. They prefer long term imprisonment.

This is not, even remotely, in dispute.

Life is preferred over death. Death is feared more than life.

Furthermore, history tells us that lifers have many ways to get out: Pardon, commutation, escape, clerical error, change in the law, etc.

In choosing to end the death penalty, or in choosing not implement it, some have chosen to spare murderers at the cost of sacrificing more innocent lives.

Furthermore, possibly we have sentenced 25 actually innocent people to death since 1973, or 0.3% of those so sentenced. Those have all been released upon post conviction review. The anti death penalty claims, that the numbers are significantly higher, are a fraud, easily discoverable by fact checking.

The innocents deception of death penalty opponents has been getting exposure for many years. Even the behemoth of anti death penalty newspapers, The New York Times, has recognized that deception.

To be sure, 30 or 40 categorically innocent people have been released from death row . . . (1) This when death penalty opponents were claiming the release of 119 “innocents” from death row. Death penalty opponents never required actual innocence in order for cases to be added to their “exonerated” or “innocents” list. They simply invented their own definitions for exonerated and innocent and deceptively shoe horned large numbers of inmates into those definitions – something easily discovered with fact checking.

There is no proof of an innocent executed in the US, at least since 1900.

If we accept that the best predictor of future performance is past performance, we can, reasonably, conclude that the DNA cases will be excluded prior to trial, and that for the next 8000 death sentences, that we will experience a 99.8% accuracy rate in actual guilt convictions. This improved accuracy rate does not include the many additional safeguards that have been added to the system, over and above DNA testing.

Of all the government programs in the world, that put innocents at risk, is there one with a safer record and with greater protections than the US death penalty?

Unlikely.

Full report -All Innocence Issues: The Death Penalty, upon request.

Full report – The Death Penalty as a Deterrent, upon request

(1) The Death of Innocents: A Reasonable Doubt,
New York Times Book Review, p 29, 1/23/05, Adam Liptak,
national legal correspondent for The NY Times

copyright 2007-2009, Dudley Sharp
Permission for distribution of this document, in whole or in part, is approved with proper attribution.

Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com 713-622-5491,
Houston, Texas

Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS, VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O’Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.

A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.

Death penalty support is much deeper and much wider than we are often led to believe, with significant percentages of those who say they, generally, oppose the death penalty, actually supporting it under specific circumstances.

General Support

71% of Americans find that we should impose the death penalty more or that we impose it about right – only 21% that it is imposed too often. (Gallup, May 2008 – 48% that we should impose it more, 23% that we impose it about right)

66% find capital punishment morally acceptable – that was the highest percentage answer for all questions (Gallup, May 2007, moral values poll).

When asked the general question “do you support capital punishment for murderers?” , 64% of Americans said yes, with 30% opposed (Gallup, 10/08).

Specific Case Support is much higher

81% of the American people supported the execution of Timothy McVeigh, with only 16% opposed. “(T)his view appears to be the consensus of all major groups in society, including men, women, whites, nonwhites, “liberals” and “conservatives.” (Gallup 5/2/01).

85% of the primarily liberal Connecticut respondents voiced support for serial/rapist murderer Michael Ross’ “voluntary” execution. (Quinnipiac University Poll, January 12, 2005). This is the best death penalty poll I have seen, that shows how distorted polling can be, based on the way a question is asked.

79% support the death penalty for terrorists (Survey USA News Poll #12074, Sponsor: WABC-TV New York, 4/26/2007 New York State poll)

“78% of (Nebraska’s) 3,232 respondents said they supported the death penalty for “heinous crimes.” 16% opposed. “. . . a nearly identical number (76%) said they opposed legislation that would abolish the death penalty. (”Survey Shows Statewide Support for Death Penalty”, MPB Public Affairs Poll, 2/14/08)

73% of Connecticut voters support the death penalty for the two parolees accused of the Cheshire (Ct) home invasion rape/murders of a mother and her two daughters. While 63% of Connecticut voters support the death penalty for murderers, in general, AT THE SAME TIME. (”Connecticut Voters Support Death Penalty 2-1″, Quinnipiac University Poll, 11/7/07). NOTE: Support is more than 3 to 1. The poll showed 73% for execution, 23% opposed, for those parolees. It was 63-27% for the general question.

This, from the French daily Le Monde, December 2006 (1):

Percentage of respondents in favor of executing Saddam Hussein:
Great Britain: 69%
France: 58%
Germany: 53%
Spain: 51%
Italy: 46%
USA: 82%

We are led to believe there isn’t death penalty support in England or Europe. European governments won’t allow executions when their populations support it: they’re anti democratic. (2)

97%+ of Guatemalans support the death penalty. 2.6% oppose
(telephone survey, newspaper Prensa Libre, 2/14/08)
www(dot)latinamericapress.org/article.asp?lanCode=1&artCode=5545

79% support the resumption of hanging in Jamaica. 16% oppose. (Bill Johnson Polling for The Gleaner (Jamaica) Newspaper, 1/12-13/08

Two-thirds of Czechs for death penalty reintroduction – poll
Prague- Almost two-thirds of Czechs believe that death penalty should exist in the Czech Republic, while one-third believes the opposite, according to a poll the CVVM agency conducted in May and released. June 12, 2008, Ceskenoviny.cz/news/

Why the large “error rate” between general and specific case support?

That very wide “error rates”, between general support and specific case support, is likely due to the differences in (1) the widespread media coverage of anti death penalty claims, without the balance of contradicting those false claims, producing lower general support, (2) the absence of that influence when looking at individual cases when the public knows the crimes, the guilt of the murderer, and absent the anti death penalty bias factor, thus producing much higher specific case support and/or (3) reluctance of some respondents to voice stronger support for the death penalty, unless specific examples of murderers and their crimes are provided, as evidenced within (1) and (2).

Death Penalty Opposition? Look Again.

Significant percentages of those who say the oppose the death penalty do, in fact, support that sanction under specific circumstances. This provides firm evidence that death penalty support is much wider and deeper than expressed with the answer to the general death penalty polling questions.

57% of those who say they oppose the death penalty, generally, actually do support it for McVeigh’s execution (81% supported the execution of McVeigh, 16% opposed (Gallup 5/02/01), while 65% offer general support for executions, with 28% opposed (Gallup, 6/10/01). The polls were conducted at nearly the same time.

40% who say they oppose the death penalty, generally, actually do support it for terrorists. (79% support and 18% oppose the death penalty for terrorists. 67% support and 29% oppose the death penalty for murder.) (SAME POLL – Survey USA News Poll #12074, Sponsor: WABC-TV New York, 4/26/2007 New York State poll)

84% of those who, generally, say they oppose the death penalty, actual did support it for Michael Ross. (SAME POLL – 85% say Connecticut serial rapist/murderer Michael Ross should be allowed to waive appeals and be executed. When asked whether they favor or oppose the death penalty, 59% favor – 31% oppose (Quinnipiac University Poll, January 12, 2005).

NOTE: The percentages will likely have a range of change, instead of a specific percentage, because there would be a transfer of points, not just from those opposing, under the general question, but from the undecided” or “did not answer” group, as well, into the supportive group for specific murders.

Distortion: Death Penalty vs Life Without Parole Polls

When responding to this question: “If you could choose between the following two approaches, which do you think is the better penalty for murder: the death penalty (or) life imprisonment, with absolutely no possibility of parole?”, Gallup found

47% for the death penalty, 48% for life without parole, (Gallup, May 2006).

Some, including Gallup and Quinnipiac, speculate that this represents lower support for the death penalty. Such improper speculation cannot be justified and is an unethical use of pollsters opinion.

Neither respondent group is saying do away with the other sanction or that they oppose the other sanction. What is does mean is that 95% of US citizens support the death penalty and/or life without parole for murderers. It could also mean that 85% of all respondents support both sanctions.

For example, “Which do you think is better – vanilla ice cream or chocolate ice cream?” 50% prefer chocolate, 45% vanilla. However, 85% actually like both vanilla and chocolate ice cream – with a slightly lower percentage liking vanilla, marginally less. 99% of respondents don’t want either ice cream banned. 1% were undecided.

Also, this Gallup question is highly prejudicial, which wrongly influence the answers. This has become commonplace.

First, “absolutely” no possibility of parole doesn’t exist.

What is absolute is that the executive branch can reduce sentences and the legislature can change the laws and make them retroactive, if it benefits the criminal, thereby offering two avenues for parole in “absolutely” no-parole cases.

Therefore, the polling question offers a false premise which, obviously, distorts the answers. Gallup has been made aware of this for some time.

Secondly, by law it cannot be a choice of either only a death sentence or only a life sentence, as Gallup wrongly poses. Constitutionally, the death penalty cannot be mandatory. Therefore, at least two sentencing options must always be provided to jurors in a death penalty eligible case.

Gallup did not ask this their misleading question in 2007. I hope they did it because of theses error issues and will not resume it or mention it in the future.

The proper questions might be, IF you are searching for a true life vs execution choice,:

For (specific case) murderers, do you prefer the punishment options of
1) The death penalty or life without parole? or
2) Life without parole, only, or lesser sentences, excluding a death sentence in all cases?

Furthermore, this has the benefit of reflecting reality, as opposed to the distorted fiction of Gallup’s (and others’) current life vs death questions. The death penalty cannot be a punishment option, without also having life or other options and the death penalty is case specific.

Conclusion

Death penalty support is much deeper and much wider than we are often led to believe, with significant percentages of those who say they, generally, oppose the death penalty, actually supporting it under specific circumstances.

There is 82% death penalty support in the US, as recently as December 2006. Even the most liberal of US states, Connecticut, has shown very strong support for specific case executions – 85% (2005), 73% (2007).

95% of US citizens support the death penalty and/or life without parole for murderers. Therefore, we already have the most democratic approach – we give jurors the choice between those two sentences in capital eligible cases.

Copyright 2005-2009, Dudley Sharp, Permission for distribution of this document, in whole or part, is approved, with proper attribution.

Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas

Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O’Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.

A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.

(1) The recent results of a poll conducted by Novatris/Harris for the French daily Le Monde on the death penalty shocked the editors and writers at Germany’s left-leaning SPIEGEL ONLINE (Dec. 22, 2006). When asked whether they favored the death penalty for Saddam Hussein, a majority of respondents in Germany, France and Spain responded in the affirmative.

(2)An excellent article, “Death in Venice: Europe’s Death-penalty Elitism”, details this anti democratic position (The New Republic, by Joshua Micah Marshall, 7/31/2000). Another situation reflects this same mentality. “(Pres. Mandela says ‘no’ to reinstating the death penalty in South Africa – Nelson Mandela against death penalty though 93% of public favors it, according to poll. “(JET, 10/14/96). Pres. Mandela explained that “. . . it was necessary to inform the people about other strategies the government was using to combat crime.” As if the people didn’t understand. South Africa has had some of the highest crime rates in the world in the ten years, since Mandela’s comments. “The number of murders committed each year in the country is as high as 47,000, according to Interpol statistics.” As of 2006, 72% of South Africans want the death penalty back. (”South Africans Support Death Penalty”, 5/14/2006, Angus Reid Global Monitor : Polls & Research).

“Modern society has rendered the death penalty morally useless and socially unacceptable for any reason.”

Your claim is morally vacant and factually false.

The death penalty is supported for the same reason all criminal sanctions are, that is that it is found to be just and appropriate for some crimes. Just because you list one case where the death penalty does not appear to be appropriate, that has no bearing on the ethical use of it in others.