Innocence matters

When the notion of “cruel and unusual punishment” was conceived in the 17th century, it was probably hoped the phrase would be more broadly applied and understood in later years. While many European countries have taken the cue, promoting rehabilitation as an alternative to jail stints, the American view of crime is increasingly regressive. Our support of capital punishment, despite doubts over the prisoner’s guilt, is particularly troubling.

In 1991, a county jury convicted Troy Anthony Davis, a black man, for the 1989 murder of white Savannah police officer Mark Allen MacPhail outside a Burger King. Since the trial, seven of the nine non-police witnesses have recanted their stories, claiming they were coerced into providing false testimony. Moreover, the prosecution was unable to provide any physical evidence linking Davis to the crime.

In July 2007, Davis was granted a stay just 24 hours before his scheduled execution. Then followed a series of unsuccessful appeals to the state Supreme Court and the Georgia Board of Pardons and Paroles. On Sept. 12, Davis’ motion for clemency was denied and his execution was set for Sept. 23.

The virtual silence over this miscarriage of justice is telling. I’ve yet to find a statement of support for Davis from either presidential candidate, pro-life groups or death penalty opponents. Instead, the message I seem to be getting is that all the talk about a fair trial doesn’t apply to everyone, particularly blacks.

Davis’ 17 years on death row is, indeed, a function of the American penchant for medieval policies. However, as with most social illnesses these days, Davis’ legal predicament can also be credited to the Republicans. In 1996, then-Speaker of the House Newt Gingrich engineered the federal Antiterrorism and Effective Death Penalty Act (AEDPA).

The Act, passed in the aftermath of the Oklahoma City bombings, restricts the power of Federal Courts to review habeas cases of state criminal convictions and sentences. Since the passage of AEDPA, its effect on legal proceedings has been quite pronounced. For example, the rate of intervention by federal courts in death row cases has dropped from 45 percent to just 10 percent in the span of a decade. Considering the gravity of capital punishment cases and the likelihood of judicial errors, this is simply unacceptable.

Even staunch supporters of the death penalty will agree that the execution of an innocent individual is reprehensible. Once we establish this, is it a stretch to call for a moratorium on all forms of capital punishment? After all, advancements in DNA testing have demonstrated the potential for error in the criminal justice system. Since 1973, 129 people have been released from death row due to a wrongful conviction.

As members of a civilized society, we are conditioned to respond to unjust acts, situations that violate our sense of right and wrong. However, the death penalty does little to restore a sense of fairness to the criminal justice system. Indeed, Davis’ scheduled execution next week will only be a misplaced attempt at justice.