By Antonio D. French
Filed Wednesday, July 18, 2007 at 7:16 AM
The following is an editorial from Congressman Wm. Lacy Clay...
"State Violence Should Be Subject to Oversight By New Commission"
The business of death is a serious one that merits extensive and exhaustive oversight. Although I argue that the death penalty should not be employed in Missouri, Attorney General Jay Nixon deems the practice necessary and appropriate. Due to extensive support for reintroduction of the incorporation of the death penalty and in line with the Federal ruling, the re-introduction of the death penalty is inevitable. Although the Federal bench may have ruled Capital punishment to be a legitimate form of punishment, not cruel or unusual, unjust prosecution and execution is cruel and unusual. Missouri is behind the times in finding new ways to prove guilt on defendants part. 
A specific example of this failure exists in the case of Reginald Clemons. Clemons was convicted in 1991 of murdering two girls near the Chain of Rocks Bridge. Although he is on death row, his case has not been re-opened. Although over-whelming evidence and one confession points to guilt in another direction of another party, his case has not been reviewed.
Thinking along the same logical lines, the state of New Jersey seeks to eliminate the death penalty. This desire stems from a number of reasons not the least of which are cost and mounting cases of false conviction. Many New Jersey-ites have come together and joined with the Innocence Project (created by attorneys Barry Scheck and Peter Neufeld) which works to abolish the death penalty. New Jersey death penalty opponents cite the case of Byron Halsey. Halsey was found guilty of one of the most vicious murders known to New Jersey residents at the time. With the introduction of DNA testing and other new methods of legal investigation, Halsey was found innocent.
On death row previous to his acquittal, Halsey is a prime example of the possibility of error within the judicial system. The Criminal Justice Reform Commission of New Jersey works to reform and eventually abolish the death penalty through examinations of false accusation cases involving introduction of DNA evidence.
In Missouri, if we are to reinstitute this violent and irreversible action, we are required to incorporate bodies to regulate this violent action. We must follow New Jersey’s example and create a commission to ensure that Clemons is not wrongfully executed. Missouri must establish a board of commissioners to investigate all death-row cases extensively for error or discrimination before any inmate can be executed. In title II, section 201, of Congressman Jesse Jackson Jr.’s 2001 death penalty bill, it discusses and supports the creation of a national commission on the death penalty. In co-sponsoring Congressman Jesse Jackson Jr.'s bill, the “National Death Penalty moratorium Act of 2001”, I hope to establish a local version of the aforementioned commission.
Much like every man-made system, the judicial system is rife with errors large and small. With introductions of DNA testing, psychological examination, along with many other methods of investigation, legal systems around the U.S. are reevaluating their guilty-convictions in cases that result in a death sentence. According to Innocence Project data, since 2000, there have been 104 exonerations throughout the U.S. based on DNA evidence alone. Without a commission to investigate, these exonerations might not have taken place.
I fear that although improvements regarding unwarranted executions are being made, they may already be too late for some. There is increasing evidence that points to the notion that Larry Griffin, executed in June of 1995, was innocent of the charges for which he was executed. Due to lack of an adequate review of the proceedings of his case, Griffin was executed. The amount of overwhelming evidence present against the guilty verdict of this case is daunting and leaves me disheartened.
The very essence that makes the death penalty dangerous is its permanence. One cannot un-ring a bell. A board of commissioners established to review death row cases in Missouri would ensure exonerations when appropriate and fewer inappropriate and unjust executions. I urge Missourians to support every effort to create this commission and to limit rampantly unwarranted use of the death penalty in our state.
8 Comments:
Regardless of the ruling, punishment by death is archaic. I don't care how you dress it up to look official and sane, it is, was, and always will be insane. We truly live in a barbaric society with barbaric norms. Eye for an eye has never brought back one life. It also doesn't seem to deter others from doing the same crime. We have killed more innocent people through this system than guilty ones only to look back later and say, "oops". So what good is it? Just a way to express vengence. Vengence is mine sayeth the Lord!
7/18/2007 11:32 AM
Maybe I'm cynical, but, I look at the death penalty as a fiscally responsible alternative to life in prison. Assuming, of course, it is implemented quickly.
If a heinous predator can't live in polite society, it must be eliminated.
7/18/2007 3:46 PM
Plus, Anonymous, there has NEVER been proof of an innocent person executed.
7/18/2007 3:47 PM
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7/18/2007 5:09 PM
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7/18/2007 5:10 PM
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7/18/2007 5:11 PM
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7/18/2007 5:12 PM
When the jobs left, and the drugs hit the streets in order to replace those jobs, jail became the solution. Rather than provide men a decent wage we throw them in jail for selling drugs to survive. And we can't forget that African Americans don't import the drugs.
Jail is a method for keeping the black family down and out. Believe it was intentional or not, that is what jail does to African Americans.
7/18/2007 5:14 PM
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