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Life and death struggle over capital punishment

25 Sep 2011 - Preaching the News for Sunday

Questions of life and death, virtue and iniquity, mercy and justice are raised in this Sunday’s readings. The case of Troy Davis has done the same. The condemned inmate, who convinced hundreds of thousands of people but not the justice system of his innocence, filed an 11th-hour plea Wednesday asking the U.S. Supreme Court to stop Georgia authorities from executing him for the 1989 murder of off-duty police officer Mark MacPhail, but the high court declined to do so and Davis was executed late Wednesday night. From the Book of Ezekiel we hear the argument: “When someone virtuous turns away from virtue to commit iniquity, and dies, it is because of the iniquity he committed that he must die. But if he turns from the wickedness he has committed, he does what is right and just, he shall preserve his life.” Though Davis' attorneys said seven of nine key witnesses against him disputed all or parts of their testimony, state and federal judges repeatedly ruled against granting him a new trial. “Remember your mercies,” urges the psalmist of the Lord this Sunday. Amnesty International says nearly 1 million people signed a petition on Davis' behalf. Supporters of a stay included Pope Benedict XVI, former President Jimmy Carter, a former FBI director, the NAACP, several conservative figures, and many celebrities. Davis' supporters staged vigils in the U.S. and Europe Wednesday, declaring "I am Troy Davis" on signs, T-shirts, and the Internet. "Troy Davis has impacted the world," his sister Martina Correia said at a news conference. "They say, 'I am Troy Davis,' in languages he can't speak." "He has had ample time to prove his innocence," said MacPhail's widow, Joan MacPhail-Harris. "And he is not innocent." Davis was not the only U.S. inmate scheduled to die Wednesday evening. In Texas white supremacist gang member Lawrence Russell Brewer headed to the death chamber for the 1998 dragging death of a black man, James Byrd, Jr., one of the most notorious hate-crime murders in recent U.S. history. In his encyclical The Gospel of Life Pope John Paul II said that “the dignity of human life must never be taken away, even in the case of someone who has done great evil. Modern society has the means of protecting itself, without definitively denying criminals the chance to reform.” In 2005 the Catholic bishops of the United States issued the document "A Culture of Life and the Penalty of Death" in which they called for an end to the use of the death penalty in the United States, stating “it is time for our nation to abandon the illusion that we can protect life by taking life.” Sources: Articles by Matthew Bigg for Reuters, Greg Bluestein for theAssociated Press, and “Backgrounder on the Death Penalty” at usccb.org

georgia texas lawrence russell troy davis capital punishment death penalty lawrence russell brewer
Pope agrees it’s time for the death penalty to pass away

04 Dec 2011 - Preaching the News for Sunday

If “justice shall look down from heaven,” as the psalmist assures us this Sunday, than the justice systems of civilized nations should be able to come up with suitable alternatives to capital punishment, Pope Benedict XVI argued Wednesday. The pope made the comments during his weekly public audience to participants at a meeting being promoted by the Community of Sant'Egidio on the theme "No Justice without Life." The lay Catholic organization of 50,000 members was started by high school students in Rome in 1968 and focuses on service to the poor and ecumenism. Benedict said he hopes "your deliberations will encourage the political and legislative initiatives being promoted in a growing number of countries to eliminate the death penalty." Like his predecessor Pope John Paul II, Benedict has appealed for commutation in a number of death penalty cases, many in the United States. In the late 1990s the Roman Catholic Church hardened its opposition to the death penalty in a revised statement of its teaching. It said the death penalty is permissible only in the narrowest of circumstances and only when there is no other way to protect the public. “The greatest of all world-righting movements was established more than 2,000 years ago,” says Exploring the Word contributor Patrice Tuohy this Sunday. “It began with a voice crying in the wilderness. Its defining characteristic was nonviolence. In your passion for justice, remember to ‘be eager to be . . . at peace.’ ” Sources: An article by the Associated Press and a "Prepare the Word" Story Starter by Patrice Tuohy

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Racial prejudice a suspect in death-penalty verdicts

12 Feb 2012 - Preaching the News for Sunday

Considered guilty of sin, lepers faced great prejudice in ancient societies. Jesus, moved by compassion, modeled a different response in this Sunday’s gospel. A university’s death-penalty study has the potential to offer a new model for death-row inmates in North Carolina who are trying to prove that racial prejudice played a significant role in the selection of the juries that determined their punishment. The study finds that blacks are more than twice as likely as whites to be dismissed as potential jurors in such cases. North Carolina passed the Racial Justice Act in 2009, making it the first state in the country to give death-row inmates a chance to have their sentences changed to life without parole if they can prove that race played a significant role in determining punishment. A study by researchers at Michigan State University may prove to be instrumental in showing this kind of bias. In 173 cases between 1990 and 2010, the study examined decisions involving 7,421 potential jurors (82 percent were white; 16 percent were black). In cases where there was at least one black potential juror, prosecutors dismissed more than twice as many blacks from the jury (56 percent) as others (25 percent). When the defendant was black, the disparity was even greater. Even accounting for “alternative explanations” besides race for different “strike rates”--for instance, excluding those who expressed ambivalence about the death penalty--the study found blacks were still more than twice as likely to be dismissed. Under a 1986 U.S. Supreme Court case, it is unconstitutional for a prosecutor to strike any potential juror on the basis of race, ethnicity, or gender. Source: An editorial by the New York Times

Prejudice north carolina death penalty jurors juries michigan state university
Time to stay the executions?

03 Nov 2013 - Preaching the News for Sunday

The Son of Man comes “to save what was lost,” Jesus says in this Sunday’s gospel. Three men who had been sentenced to death, only to have their lives spared when they were exonerated years later, have been on a speaking tour with a Catholic priest urging the abolition of the death penalty.Delbert Tibbs, Joe D’Ambrosio, and Damon Thibodeaux, who collectively spent almost 40 years on death row before being set free, gave 10 talks in five days in Ohio this past week in hopes of persuading people to oppose the death penalty. “I do what I do,” Thibodeaux said, “because I don’t want to see this happen to somebody else. And I don’t want to see the next execution of an innocent man [sic].”Traveling with the trio are Father Neil Kookoothe, a Cleveland Catholic priest whose efforts led to D’Ambrosio’s freedom, and two British filmmakers, Will Francome and Mark Pizzey, who have documented cases of exonerated death-row inmates.Common reasons for death sentences being overturned include false accounts by witnesses, prosecutorial misconduct, and forced confessions, the filmmakers said. Francome and Pizzey report that 142 people have been freed from death row, representing 10 percent of the number of prisoners executed since the death penalty was reinstated in the 1970s. They named their documentary series One For Ten.Homily hint: Death-row exonerations have increased significantly with the advent of DNA testing. The prospect that even one innocent person might be put to death for a crime they did not commit should be enough to convince anyone to hit the pause button on capital punishment. There are other ways to see that justice is served while also recognizing the inevitability of human error and therefore not exacting a punishment that can never be undone. Source: An article by David Yonke for Religion News Service

capital punishment death penalty delbert tibbs joe d’ambrosio damon thibodeaux neil kookoothe will francome mark pizzey one for ten
A capital decision, death penalty opponents agree

16 Feb 2014 - Preaching the News for Sunday

The reading from the Book of Sirach this Sunday speaks of humanity needing to choose between “life and death, good and evil.” Jay Inslee, governor of the State of Washington, announced Tuesday that he will not permit death by execution in Washington while he remains in office, despite the fact that it is legal in his state.Citing “problems that exist in our capital punishment system,” Inslee, a Democrat, said he would issue a reprieve in any death-penalty case that crossed his desk, though he would not let any death-row prisoners go free. A future governor could reverse this action, he noted, and order an execution to be carried out.The move makes Washington the latest in a series of states to step away from capital punishment and Inslee the third Democratic governor in recent years to do something similar. Gov. John Kitzhaber of Oregon announced in 2011 that he would not permit any executions on his watch, and last year Gov. John Hickenlooper of Colorado issued an indefinite reprieve in the only death-penalty case during his tenure.The death penalty is legal in a majority of states, although 18 states have outlawed it, including six which have done so in the last six years. For governors who oppose the death penalty, refusing to order executions may be an easier way to make a point than to try to reverse a law.“There are too many flaws in the system,” Inslee said on Tuesday. He noted that since the state’s current capital punishment laws were enacted in 1981, more than half of the 32 death sentences imposed in Washington had been overturned. “And when the ultimate decision is death, there is too much at stake to accept an imperfect system.” He added, “With my action today, I expect Washington State will join a growing national conversation about capital punishment.”Homily hint: One of the critical weaknesses of capital punishment, critics argue, is that it leaves no margin for human error—and it is manifestly evident that humans are prone to err. There are many ways that justice can be served, but the “ultimate penalty” should be reserved for the better judgment of a much higher authority than fallible humans. Source: An article by Ian Lovett for the New York Times

washington state capital punishment death penalty jay inslee
Egyptian court issues deadly sentence

30 Mar 2014 - Preaching the News for Sunday

In the Sunday reading from the Letter to the Ephesians, we hear that darkness is banished in the light of Christ, which awakens believers to fuller life: “Try to learn what is pleasing to the Lord,” the reading encourages. One has to wonder whether the Lord of life would be pleased that an Egyptian court has chosen to sentence 529 people to death in the largest capital punishment case on record in Egypt.The mass-sentencing of alleged supporters of ousted Islamist president Mohamed Morsi underscore the severity of an ongoing campaign by Egypt’s military-backed leaders to silence opposition, eight months after a military coup ousted Morsi, the country’s first democratically elected leader.It was unclear what evidence prosecutors presented to support Monday’s ruling, which came after only two court sessions. A defense attorney in the case said that the defense was never given access to the evidence and that none of the defendants—or their attorneys—were allowed in court for the verdict.When lawyers for the defense objected to court procedures during the first hearing Saturday, security personnel threatened members of the defense team to silence them, said one of the lawyers, Ahmed Shabeeb. “This whole process is a sham,” he said.Human rights group Amnesty International called the ruling ”a grotesque example of the shortcomings and the selective nature of Egypt's justice system.” U.S. State Department spokesperson Marie Harf said it would be it would be "unconscionable" for Egypt's government to carry out the death sentences."The imposition of the death penalty for 529 defendants after a two-day summary proceeding cannot be reconciled with Egypt's obligations under international human rights law" said Harf. "If Egypt's leaders want to ensure a political transition to democracy . . . they must unequivocally ensure an environment that is free of intimidation or retribution. This includes ensuring due process and fair trials for all Egyptians accused of crimes."Homily hint: The Catholic Church speaks out forcefully against the death penalty. While few of us are in a position to singlehandedly effect the outcome of a verdict in a court case thousands of miles away, we can add our appeal to that of millions worldwide: pursue justice through just means. Sources: Articles by Abigail Hauslohner and Lara El Gibaly for the WashingtonPost, Zvi Bar’el for Haaretz.com, RTTNews.com, and Amnesty.org

egypt amnesty international capital punishment death penalty mohammed morsi criminal justice marie harf
Death sentence debacle renews debate

04 May 2014 - Preaching the News for Sunday

Referring to the Resurrection of Jesus, this Sunday’s reading from Acts of the Apostles affirms that “God raised him up, releasing him from the throes of death.” Clayton D. Lockett, a prisoner sentenced to death in Oklahoma and strapped to a gurney Tuesday evening, stayed conscious during a 45-minute botched execution that left him writhing and moaning in the throes of death before succumbing to a heart attack.Witnesses described Lockett in the execution room mumbling “man” after being declared unconscious. He was “grimacing, grunting, and lifting his head and shoulders entirely up from the gurney,” wrote Ziva Branstetter, enterprise editor of The Tulsa World and one of 12 news media witnesses to the execution. In describing the scene, Branstetter wrote, “reporters exchange shocked glances. Nothing like this has happened at an execution any of us has witnessed since 1990, when the state resumed executions using lethal injection.”Oklahoma Governor Mary Fallin said at a news conference Wednesday that she has called for an independent review of the failed execution. The problems with the bungled execution are expected to fuel the debate about the ability of states to administer lethal injections that meet the U.S. Constitution’s requirement that they be neither cruel nor unusual punishment.That question has drawn renewed attention from defense lawyers and death penalty opponents in recent months, as several states scrambled to find new sources of drugs used in executions because drug makers that oppose capital punishment—many based in Europe—have stopped selling to prisons and corrections departments.Catholic leaders and many other religious organizations have repeatedly voiced opposition to capital punishment. Anti-death penalty groups called for an immediate moratorium on all executions in Oklahoma.Public support for the death penalty has generally been declining. In the most recent Gallup poll of Americans’ views of the death penalty for prisoners convicted of murder, 60 percent said they were in favor of it in October 2013, down from a peak of 80 percent in September 1994.Homily hint: Supporters of the death penalty often refer to vengeance or retribution as a legitimate reason to support capital punishment. But on reflection, doesn’t such a position reveal a lack of trust in God’s judging power? If we truly believe that judgment belongs to God, there should be no need for us to take someone’s life in the name of justice. Sources: Articles by Erick Eckholm and Motko Rich for the New York Times and Katie Fretland for The Guardian (UK)

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Judged guilty until proven innocent

07 Sep 2014 - Preaching the News for Sunday

“Come, let us sing joyfully to the Lord. . . . Let us come into his presence with thanksgiving,” exclaims the psalmist in calling us to rejoice this Sunday. There was rejoicing and thanksgiving aplenty in a North Carolina courtroom Tuesday when two mentally disabled half-brothers were declared innocent and released 30 years after their convictions in the rape and murder of an 11-year-old girl. The case against the men, always weak, fell apart after DNA evidence implicated another man with a history of rape and murder. The startling shift in fortunes for the men, Henry Lee McCollum, now 50, who has spent three decades on death row, and Leon Brown, 46, who was serving a life sentence, provided one of the most dramatic examples yet of the potential for false, coerced confessions and also of the power of DNA tests to exonerate the innocent. As friends and relatives of the two men wept, a superior court judge, Douglas B. Sasser, said he was vacating their convictions and ordering their release. “Thank you, Jesus,” said McCollum’s father as the judge said that the convictions were void. “Thank you, Jesus,” he repeated. Lawyers for the two men from the Center for Death Penalty Litigation, a nonprofit legal group in North Carolina, began pressing for DNA testing of the physical evidence in the case, which included a cigarette butt found near sticks used in the murder. Recent testing by an independent state agency, the North Carolina Innocence Inquiry Commission, found a match for the DNA on the cigarette butt—not to either of the imprisoned men, but to Roscoe Artis, who lived only a block from where Sabrina Buie’s body was found and had a history of rape convictions. “I have never stopped believing that one day I’d be able to walk out that door,” McCollum said in a recent videotaped interview. “A long time ago, I wanted to find me a good wife, I wanted to raise a family, I wanted to have my own business and everything,” he said. “I never got a chance to realize those dreams. Now I believe that God is going to bless me to get back out there.” Homily hint: DNA evidence is a relatively recent addition to forensics, and none too soon. It has already led to the exoneration of numerous people who otherwise faced lengthy prison sentences and even a death sentence. Such exonerations should provide all the evidence we need that the death penalty must be abandoned. The possibility of sending an innocent person to their death is a horror that must be prevented at all costs. Source: An article by Johathan M. Katz and Erik Eckholm for The New York Times

death penalty wrongful conviction dna evidence
Indonesian executions cause international outcry

03 May 2015 - Preaching the News for Sunday

To the Lord “my soul shall live” proclaims the psalmist this Sunday. Despite months of desperate legal and diplomatic appeals to let them live, eight convicted drug traffickers—citizens of Australia, Nigeria, Ghana, Brazil, and Indonesia—were executed by the Indonesian government Wednesday morning. Strung to a pole and staring down at the weapons pointed at their hearts, the prisoners reportedly sang “Amazing Grace” and “Bless The Lord O My Soul” in the moments before they were executed. Filipina migrant worker Mary Jane Veloso’s scheduled execution was postponed after a woman believed to have recruited her turned herself into the Manila police. Homily hint: The death penalty is wrong for so many reasons—innocent people put to death, the denial of the opportunity for reform and restitution, the example of using violence in answer to wrongdoing, the abuse of power involved, and, as in this case, disproportional justice. Drug trafficking is a very serious offense, but the taking of a human life for such an offense is an even greater offense. For more on the Indonesian executions, see: Indonesia executions: prisoners sang Amazing Grace in last moments; Myuran Sukumaran’s death-row paintings cry out against a monstrous inhumanity

drug trafficking indonesia death penalty
Jury faces life-or-death decision in Boston bomber sentencing

17 May 2015 - Preaching the News for Sunday

In the reading from Acts of the Apostles for this Seventh Sunday of Easter, focus is on the importance of finding a faithful replacement apostle so that the 12 apostles be united. The jury now in deliberation on the fate of convicted Botston Marathon bomber Dzhokhar Tsarnaev can only call for his death if all 12 jurors agree. In gripping testimony, Sister Helen Prejean, who gained fame for her book Dead Man Walking, appeared as the last person to take the stand for the defense after having met with Tsarnaev five times in the past year. “I had every reason to think . . . he was genuinely sorry for what he did," Prejean told the court. Homily hint: The last words of the defense lawyer to the jury deliberating on Tsarnaev’s fate were, “We’re asking you to choose life. Yes, even for the Boston Marathon bomber.” Our faith and our church calls us to do the same. Vengeance is not justice, and evil will not overcome evil. Choose reconciliation in the choices you confront in your own life. For more on the Boston Marathon bomber sentencing, see: Boston Marathon bomber ‘genuinely sorry,’ Sister Helen Prejean tells jurors; Jury resumes deliberating sentence for Boston Marathon bomber

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