TIME TO STOP THE KILLING
by
Thomas A. Horkan, Jr.
April 8, 1999
Sometimes, Tallahassee during a legislative
session seems to be in a time warp or in another world. Several bills on
the death penalty this year raise that impression.
What
is going on in the rest of the world? Chicago recently hosted a meeting of
a large number of former prisoners who had been released from death row because
they were not guilty. The largest number of prisoners released from death
row was from Florida: 19. Nineteen innocent people who had been
sentenced to die, most of whom had undergone writs of execution, gone on death
watch and been spared execution only by the dedicated efforts of the capital
collateral representatives or private
attorneys.
Florida has executed 43 persons since the
death penalty was reinstituted in 1972. Nineteen were released from death
row. Thus, 30 percent of all cases finalized have been proven
innocent. There is no telling how many of the 360 or more now on death row
are innocent, but there can be little doubt that some of them
are.
Protests against the use of the death penalty in
the United States come from religious, secular and international
sources
Pope John Paul II has increased his pleas for
its abolition, saying at St. Louis, Mo., last January, "I renew the appeal I
made most recently at Christmas for a consensus to end the death penalty, which
is both cruel and unnecessary."
The Catholic bishops of
Florida have often spoken against it. On two occasions, they joined with
the leaders of some 14 Protestant denominations in powerful statements opposing
this method of punishment. Jewish leaders point to the statement in the
Babylonian Talmud that one execution in seven times 70 years would be too
many. Many in the Evangelical community speak eloquently in opposing the
death penalty.
The U.S. Bishops issued a statement on
Good Friday asking for an end to the death penalty, saying: "Respect for
all human life and opposition to the violence in our society are at the root of
our longstanding position against the death penalty. We cannot teach that
killing is wrong by killing." The bishops went on to ask the Catholic
community to stand with victims of crimes and their families "as they struggle
to overcome their terrible loss and find some sense of
peace."
The American Bar Association, which takes no
position on the death penalty itself, has called for a moratorium on its use
until adequate resources are provided for realistic legal services for the
defendants in death cases. The Florida Council of Churches has undertaken
its own moratorium effort, as has Pax Christi.
The
United Nations Commission on Human Rights, which we champion when it condemns
Iraq or China, recently visited Florida and three other states in reviewing the
practice of the death penalty. Florida was singled out for criticism in a
report that outlined various international agreements and declarations outlawing
this practice. The European Union is proposing to the commission an
anti-death penalty resolution.
Amnesty
International has repeatedly criticized us for our widespread use of the death
penalty. Italy recently conducted a rather bizarre trial in Rome for a
murder that took place in Miami. The court even came to Miami to take
testimony, before returning to Italy to decide the case. Why?
Because Italy, like all other countries in Western Europe, find the death
penalty so barbaric it refuses to extradite a prisoner to the United States if
that is a possibility. Mexico is holding a prisoner and refusing to
extradite him to Florida for the same reason.
So, what
has been done and what is now proposed in Tallahassee during legislative time?
Over the years, the Legislature has increased the number of aggravating
circumstances justifying capital punishment. Originally it was three; now
the number is17. In 1997, because the Office of Capital Collateral
Representative was so successful in reversing death penalties and freeing
innocent prisoners, the legislature divided the office up into three regional
offices and gave state officials surveillance over the office which represent
clients against the state.
Then in 1998, the
Legislature required earlier filing of petitions and appeals, without providing
the necessary funds; therefore it provided for volunteer attorneys who would
receive a maximum fee of $50,000 to handle the defendant's case for all
proceedings in state and federal courts, trial and appellate. The ABA and
others recommend that such services, if done competently, call for fees and
costs in the millions of dollars.
This year, companion
bills are filed in the House and Senate to drastically further restrict the
ability of prisoners to assert their rights, whether of innocence or
otherwise. The Senate bills are SB1158 and
SB1926.
This explains why religious people, secular
people, civilized people here and all around the world, abhor the way our state
seems to embrace violence and killing as the way to end violence and
killing.
Florida needs to step back and take a hard
look at its ritual of killing people whom our humanly flawed legal system finds
guilty of murder. Yes, there should be a moratorium. Someone has to
stop the killing, and if it isn't us, who will it be.is?
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