Cosby: Death to the death penalty

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By Kelly Cosby

Wednesday, October 14, 2009

The abolition of capital punishment is not a matter of being soft on crime. It’s about having a humane and just system that works.

Troy Davis, charged with murdering an off-duty police officer, is on death row in Georgia. Of the nine eyewitnesses who testified against Davis, seven have withdrawn their evidence as nonfactual and blamed police interrogation tactics for the false testimonies.

The U.S. Supreme Court ordered on Aug. 17 that Davis be allowed an evidentiary hearing, according to CNN. This gives Davis another opportunity to demonstrate his innocence and escape death row.

Many death penalty abolition and equal rights groups have claimed racism as a factor in Davis’ trial. They worry that if this continues to affect the case during Davis’ evidentiary hearing, an innocent man will be put to death.

Is this cruel and unusual form of punishment really worth the price? The costs are both moral and monetary.

It’s hard for me to discuss the moral inconsistencies of the death penalty without bringing up my faith. As a Christian, I believe it is wrong to punish someone with death at the hand of a human being, because God should provide judgment, not humans.

Catholicism dictates that the eye-for-an-eye mantra in the Bible is actually meant to restrict government, not to allow broader action by the government, according to the Catholics Against Capital Punishment Web site. I am not Catholic, but I do believe that it’s not within Jesus’ philosophy to advocate a death sentence.

Religious arguments aside, there are plenty of other moral arguments against capital punishment. A much more constructive function of criminal justice is to pursue rehabilitation for criminals.

There is also the obvious possibility of executing an innocent person. The case of Cameron Todd Willingham in Corsicana, Texas, provides an example of a death by shoddy evidence.

Willingham was convicted of arson; officials said he burned his house with his three children inside. Willingham protested his innocence until his death, and although evidence surfaced proving the investigation had been faulty, Gov. Rick Perry deemed the execution appropriate, according to the Huffington Post. Willingham was executed Feb. 17, 2004, as an innocent man.

The disturbing fact that executing an innocent person can and has really happened should be reason enough to ban the death penalty. One must also recognize the abuse of basic human rights.

“These death sentences are cruel and unusual in the same way that being struck by lightning is cruel and unusual,” Justice Potter Stewart said in the 1972 Supreme Court case Gregg v. Georgia.

Though Justice Stewart was speaking of death sentences he believed were handed out on the basis of race, I would argue that all death sentences are cruel and unusual since the determining factors are not always consistent or reliable. It is psychologically and physically cruel as well. Horror stories of lethal injections gone wrong are enough to make one’s skin crawl.

The financial cost of the death penalty is perhaps more persuasive to individuals not moved by the moral argument. According to a performance audit report by the Kansas Legislature, cases involving the death penalty cost an average of 70 percent more than cases that don’t. This should be reason enough for some Republican lawmakers to consider the abolition of capital punishment.

— Cosby is an Overland Park sophomore in journalism and political science.

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Comments

dudleysharp (anonymous) says...

This is a typical, inaccurate, non fact checked, anti death penalty fiction.

Troy Davis: Both sides need to be told
Dudley Sharp, contact info below

Anyone interested in justice will demand a fair, thorough look at both sides of this or any case. Here is the side that the pro Troy Davis faction is, intentionally, not presenting.

(1) Davis v Georgia, Georgia Supreme Court, 3/17/08
Full ruling http://www.gasupreme.us/pdf/s07a1758.pdf
Summary http://www.gasupreme.us/op_summaries/...

" . . . the majority finds that 'most of the witnesses to the crime who have allegedly recanted have merely stated that they now do not feel able to identify the shooter.' "One of the affidavits 'might actually be read so as to confirm trial testimony that Davis was the shooter.' "

(2) "THE PAROLE BOARD'S CONSIDERATION OF THE TROY ANTHONY DAVIS CASE" , 9/22/08, http://www.pap.state.ga.us/opencms/op...

"After an exhaustive review of all available information regarding the Troy Davis case and after considering all possible reasons for granting clemency, the Board has determined that clemency is not warranted."

"The Board has now spent more than a year studying and considering this case. As a part of its proceedings, the Board gave Davis' attorneys an opportunity to present every witness they desired to support their allegation that there is doubt as to Davis' guilt. The Board heard each of these witnesses and questioned them closely. . . . the Board has studied the voluminous trial transcript, the police investigation report and the initial statements of all witnesses. The Board has also had certain physical evidence retested and Davis interviewed."

(3) A detailed review of the extraordinary consideration that Davis was given for all of his claims,
by Chatham County District Attorney Spencer Lawton http://tinyurl.com/46c73l

Troy Davis' claims are undermined, revealing the dishonesty of the Davis advocates . SEE pages 4-7, which show the reasoned, thoughtful and generous reviews of Davis' claims, as well a how despicable the one sided cynical pro Troy Davis effort is.

(4) Officer Mark Allen MacPhail: The family of murdered Officer MacPhail fully believes that Troy Davis murdered their loved one and that the evidence is supportive of that opinion. http://www.markallenmacphail.com/

Not simply an emotional and understandable plea for justice, but a detailed factual review of the case.

(5) "Death and Dying", by Cliff Green, LIKE THE DEW, 7/22/09,
http://likethedew.com/2009/07/22/deat...

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.

October 14, 2009 at 5:25 a.m. ( | suggest removal )

dudleysharp (anonymous) says...


1) "Cameron Todd Willingham: Media Meltdown & the Death Penalty:
"Trial by Fire: Did Texas execute an innocent man?", by David Grann
http://homicidesurvivors.com/2009/10/...

As more reality comes to light, the more into disrepute run's Grann's article.

Myarticle, above, was written and released prior to the Corsicana Fire Marshall's report, below

2) EXCLUSIVE: City report on arson probe:
State panel asks for city response in Willingham case
http://www.corsicanadailysun.com/news...

3) No Doubts
http://www.corsicanadailysun.com/thew...

For a collection of articles, go to:

Corsicana Daily Sun, The Willingham Files
http://www.corsicanadailysun.com/thew...

OTHER REPORTS: There is the potential for, at least, 3 more, official, reports on this case: the Texas Fire Marshall's office, which will give an official and requested reply, the Corsicana Police Dept. and Navarro County District Attorney's office, both of which, I speculate, may only contribute to the TFM report, but could issue their own reports.

There is an official "report" which, it appears, few have paid attention to - the trial transcript.

I find that rather important because, at least five persons, who were involved with the trial, the prosecutor, defense attorney, two surviving fire investigators and a juror have all voiced support for the verdict, still, in the light of the criticism of the arson forensics.

One of those original fire investigators is, now, an active certified arson expert.

October 14, 2009 at 5:26 a.m. ( | suggest removal )

dudleysharp (anonymous) says...

"Death Penalty Support: Modern Catholic Scholars"
http://prodpinnc.blogspot.com/2009/07...

"Sister Helen Prejean & the death penalty: A Critical Review"
http://homicidesurvivors.com/2009/05/...

"Pope John Paul II: Prudential Judgement and the death penalty"
http://homicidesurvivors.com/2007/07/...

"The Death Penalty: More Protection for Innocents"
http://homicidesurvivors.com/2009/07/...

"Deterrence and the Death Penalty: A Reply to Radelet and Lacock"
http://homicidesurvivors.com/2009/07/...

"Death Penalty, Deterrence & Murder Rates: Let's be clear"
http://prodpinnc.blogspot.com/2009/03...

"Cost Savings: The Death Penalty"
http://homicidesurvivors.com/2009/05/...

Regarding Kansas death penalty costs, I suggest you read the criticism of the Kansas cost "study".

In other words, fact check.

October 14, 2009 at 5:30 a.m. ( | suggest removal )

mettat (anonymous) says...

Dear Ms. Cosby,
Thank you for this excellent and informative piece. Your manifold approach to the issues is enlightening. Isn't it sad when money matters must make that list of considerations? But it is even sadder that that is the aspect many of us imagine might reach the most people in this country that is addicted to violence, but happens to be even more greedy than violent.

It is sad that mr dudley latched on to your piece. While you have well represented the broad facts of those vitally important cases, it would take volumes to lay out the detail they deserve; but even if you were to, I doubt it would lift mr dudley from the record crack his needle is stuck in. He dares to speak of fact checking, when he simply parrots? Thank you for seeing more deeply and broadly.

Keep on your fine work!

Admiration, mettat

October 14, 2009 at 8:32 a.m. ( | suggest removal )

SenorChang (anonymous) says...

More like Dudley DULL, am I right?

October 14, 2009 at 2:49 p.m. ( | suggest removal )

mettat (anonymous) says...

Yes, SenorChang. And that might help me with something: I just can't get myself to call him SHARP.

His line of thinking - rather, of parroting - really would be "dull," if it were not so violent. We could do a puppet show of that mindset: How many human beings will a politician in a death penalty state kill to win elections? How many 'facts' will their groupies deform?
NOTHING akin to FACTS.

Mr. Dull, how many of the distortions you pass off as 'facts' come from prosecutors trying to justify their misconduct? Or governors trying to prove they're manly ('tough').... ? Or other corrupt powers.... Update your 'facts.'

October 14, 2009 at 5:11 p.m. ( | suggest removal )

dudleysharp (anonymous) says...

Here's how I work.

I respond, usually, in detail to false and one sided article, such as this one. I attempt to address every point, which I did.

I am happy to respond to specific, detailed criticism, which deals with the fact and opinions of the original article and my response to it.

So, be specific. Don't make personal, meaningless, immature comments.

It was clear that Ms. Cosby made her conclusions based only upon one side of the issues and that, for her, having both sides of the issue are not necessary to make judgments.

The other respondents in their comments appear to agree with her.

I disagree. I think more information, not less, is a benefit to all of us who are trying to make informed decisions.

October 15, 2009 at 11:54 a.m. ( | suggest removal )

mettat (anonymous) says...

Mr. Sharp,
Where there is reasonable doubt, it is unconscionable to execute someone. Period. In the cases discussed by Ms. Cosby, there is enough more-than-reasonable, even SERIOUS doubt for these discussions to be occuring all over the country and the world. THAT ALONE is reason not to proceed with any execution, ever.

For you to pounce on details you simply do not agree with, including bantering(!) over what IS fact and what is not, at cost of the most pertinent points of an article, is disservice in the best of times; when a human LIFE IS AT STAKE, it is indecent.

October 15, 2009 at 3:21 p.m. ( | suggest removal )

SenorChang (anonymous) says...

Yo Dudley Dull, here's all I'm hearin' comin' outta yo jive mouth:

"BLAH BLAH BLAH POOPY POOPY POO."

How's that for immature, poopface?

October 16, 2009 at 2:27 a.m. ( | suggest removal )

Geiiga (anonymous) says...

It's interesting that the defense attorney says that the verdict was correct and appropriate, isn't it? I think that shines a light on the Texas "justice" system more than anything else. Of course, that's assuming he's on the up-and-up and nothing improper has happened, like Gov. Perry offering him a job as a judge if he says the right things.

That latter theory seems to have the most credibility, as Mr. Martin's comments on Anderson Cooper's show break attorney-client privilege and rise to the level of disbarment. Assuming he's actually saying what he thinks, then it paints the justice system in Texas as an elaborate farce, with each attorney dancing in predetermined steps in order to arrive at a predetermined outcome.

October 18, 2009 at 3:46 p.m. ( | suggest removal )

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