Thursday, May 17, 2012

Did We Execute An Innocent Man?

Andrew Cohen says yes:
At 11 p.m Monday, the Columbia Human Rights Law Review (at Columbia University) published and posted its Spring 2012 issue -- devoted entirely to a single piece of work about the life and death of two troubled and troublesome South Texas men. In explaining to their readers why an entire issue would be devoted to just one story, the editors of the Review said straightly that the "gravity of the subject matter of the Article and the possible far-reaching policy ramifications of its publication necessitated this decision."
The article is titled "Los Tocayos Carlos: Anatomy of a Wrongful Execution" and it was written by James S. Liebman, Shawn Crowley, Andrew Markquart, Lauren Rosenberg, Lauren Gallo White, Lauren Rosenberg and Daniel Zharkovsky. Los Tacayos can be translated from Spanish as "namesakes" and the two men at the heart of the story were, indeed, named Carlos DeLuna and Carlos Hernandez.. On December 7, 1989, this intense piece establishes beyond any reasonable doubt, Texas executed the former for a murder the latter had committed.
The Review article is an astonishing blend of narrative journalism, legal research, and gumshoe detective work. And it ought to end all reasonable debate in this country about whether an innocent man or woman has yet been executed in America since the modern capital punishment regime was recognized by the Supreme Court in 1976. The article is also a clear and powerful retort to Justice Scalia in Kansas v. Marsh: Our capital cases don't have nearly the procedural safeguards he wants to pretend they do.
Soon to be published as a book, Los Tacayos Carlos is a seminal piece of online advocacy as well. Not only is the article itself now available on the web in its entirety (at www.thewrongcarlos.net) but so are all of its supporting materials. "The web version of the Article contains approximately 3,469 footnotes," the Review editors tell us, which in turn "provide hyperlinks to view the cited sources," including a great deal of the evidence relevant to the case. Now, everyone in the world who is interested can learn how bad it all can go when human beings try to administer what's supposed to be a fair, just and accurate death penalty.
I believe the real answer is yes we have, a sizable number of times.  But now there may be irrefutable proof.  Cohen starts out by highlighting Antonin Scalia's asinine opinion from a death penatly case a few years ago.  It shows just one instance of a truly terrible jurist spouting off.  The death penalty should be abolished in this country.  It is a racially and class-based misapplication of justice, and the number of innocent men released from death row should shame even the strongest supporter of capital punishment.  It is not a deterrent to crime, and it isn't any cheaper than life imprisonment.  And for all of those Catholics out there upset about paying for abortion and birth control, don't forget you are paying for state sanctioned murder.

No comments:

Post a Comment