Abolition and Context

by State Rep. Gary Holder-Winfield | May 15, 2009 12:20 PM | | Comments (3)

Garyhwi.pngI was supposed to celebrate to drink and revel in my victory. I was supposed to wake the next morning jubilant. I did neither.

I had just spearheaded the death penalty abolition bill’s first passage, in the House of Representatives.

As big a proponent of abolition of the death penalty as I am, I was happy. But upon awakening, away from the congratulations, as I opened my eyes and sat on the edge of my bed thoughts about people like Dr. William Petit and how they might feel filled my head and the truth is I did not want to smile or dance or drink or revel.

The reality is that we had taken a step the night before that I believe to be absolutely the right one. As much as I believe that, still, my own words during the debate about context resonated with me in a way that I had not expected.

In the end this was not a decision about Dr. Petit on the one side as a family member of murder victims or the family members on the other side, my side, whose names we have forgotten. In the end they are both not wrong in the opinions they hold.

In the end this came down to whether outside of the individual circumstances of those on either side this was the right thing to do. It was. But context matters and as right as it was as many letters of support I have gotten as many families of victims as agree with me there are some (who I contend we cannot make law for as their individual circumstances may inform but should not determine public policy) who don’t agree.

And so we continue and it is difficult but if we are really trying to do what is right maybe it should be so.







Share this story

Share |

Comments

Posted by: cedarhillresident [TypeKey Profile Page] | May 18, 2009 4:16 PM

I thought Gary was totally amazing!! HE is doing great work up there!!!

Posted by: Dudley Sharp [TypeKey Profile Page] | June 14, 2009 8:59 AM

The Death Penalty: More Protection for Innocents
Dudley Sharp

Of all the government programs in the world, that put innocents at risk, is there one with a safer record and with greater protections than the US death penalty?

Unlikely.

Enhanced Due Process - No knowledgeable and honest party questions that the death penalty has the most extensive due process protections in US criminal law. Therefore, actual innocents are more likely to be sentenced to life imprisonment and more likely to die in prison serving under that sentence, that it is that an actual innocent will be executed. That is. logically, conclusive.

Enhanced Incapacitation - To state the blatantly clear, living murderers, in prison, after release or escape, are much more likely to harm and murder, again, than are executed murderers. Although an obvious truism, it is surprising how often folks overlook the enhanced incapacitation benefits of the death penalty over incarceration.

Enhanced Deterrence - 16 recent studies, inclusive of their defenses, find for death penalty deterrence. A surprise? No. Life is preferred over death. Death is feared more than life. Some believe that all studies with contrary findings negate those 16 studies. They don't. Studies which don't find for deterrence don't say no one is deterred, but that they couldn't measure those deterred.

What prospect of a negative outcome doesn't deter some? There isn't one.

Enhanced Fear - Some death penalty opponents argue against death penalty deterrence, stating that it's a harsher penalty to be locked up without any possibility of getting out. Reality paints a very different picture. What percentage of capital murderers seek a plea bargain to a death sentence? Zero or close to it. They prefer long term imprisonment. What percentage of convicted capital murderers argue for execution in the penalty phase of their capital trial? Zero or close to it. They prefer long term imprisonment. What percentage of death row inmates waive their appeals and speed up the execution process? Nearly zero. They prefer long term imprisonment.

This is not, even remotely, in dispute.

What of that more rational group, the potential murderers who choose not to murder, is it likely that they, like most of us, fear death more than life?

Life is preferred over death. Death is feared more than life.

The False Promise - Part of the anti death penalty deception is that a life sentence, with no possibility of release, is a superior alternative to the death penalty. It's a lie. History tells us that lifers have many ways to get out: Pardon, commutation, escape, clerical error, change in the law, etc. There are few absolutes with sentencing. But, here are two: the legislature can lessen the sentences of current inmates, retroactively, and the executive branch can lessen any individual sentence, at any time. This has been, actively, pursued, for a number of years, in many states, because of the high cost of life sentences and/or geriatric care, found to be $60,000-$90,000 per year per inmate.

Innocents released from death row: Some reality - Furthermore, possibly we have sentenced 25 actually innocent people to death since 1973, or 0.3% of those so sentenced. Those have all been released upon post conviction review. The anti death penalty claims, that the numbers are significantly higher, are a fraud, easily discoverable by fact checking. There is no proof of an innocent executed in the US, at least since 1900.

In choosing to end the death penalty, or in choosing not implement it, some have chosen to spare murderers at the cost of sacrificing more innocent lives.

copyright 2007-2009, Dudley Sharp
Permission for distribution of this document, in whole or in part, is approved with proper attribution.

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.

A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.

Pro death penalty sites

essays http://homicidesurvivors.com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx

Posted by: Dudley Sharp | June 14, 2009 9:13 AM

Part 1: Rep. Holder-Winfield was wrong on all points and Governor Rell knew it.

Rep. Holder Winfiled writes: "in light of revelations of falsely accused people being executed."

REPLY: There is no proof of an innocent executed in the US, at least since 1900. The evidence is that innocents are more protected with the death penalty.

The Death Penalty: More Protection for Innocents
Dudley Sharp

Of all the government programs in the world, that put innocents at risk, is there one with a safer record and with greater protections than the US death penalty?

Unlikely.

Enhanced Due Process - No knowledgeable and honest party questions that the death penalty has the most extensive due process protections in US criminal law. Therefore, actual innocents are more likely to be sentenced to life imprisonment and more likely to die in prison serving under that sentence, that it is that an actual innocent will be executed. That is. logically, conclusive.

Enhanced Incapacitation - To state the blatantly clear, living murderers, in prison, after release or escape, are much more likely to harm and murder, again, than are executed murderers. Although an obvious truism, it is surprising how often folks overlook the enhanced incapacitation benefits of the death penalty over incarceration.

Enhanced Deterrence - 16 recent studies, inclusive of their defenses, find for death penalty deterrence. A surprise? No. Life is preferred over death. Death is feared more than life. Some believe that all studies with contrary findings negate those 16 studies. They don't. Studies which don't find for deterrence don't say no one is deterred, but that they couldn't measure those deterred.

What prospect of a negative outcome doesn't deter some? There isn't one.

Enhanced Fear - Some death penalty opponents argue against death penalty deterrence, stating that it's a harsher penalty to be locked up without any possibility of getting out. Reality paints a very different picture. What percentage of capital murderers seek a plea bargain to a death sentence? Zero or close to it. They prefer long term imprisonment. What percentage of convicted capital murderers argue for execution in the penalty phase of their capital trial? Zero or close to it. They prefer long term imprisonment. What percentage of death row inmates waive their appeals and speed up the execution process? Nearly zero. They prefer long term imprisonment.

This is not, even remotely, in dispute.

What of that more rational group, the potential murderers who choose not to murder, is it likely that they, like most of us, fear death more than life?

Life is preferred over death. Death is feared more than life.

The False Promise - Part of the anti death penalty deception is that a life sentence, with no possibility of release, is a superior alternative to the death penalty. It's a lie. History tells us that lifers have many ways to get out: Pardon, commutation, escape, clerical error, change in the law, etc. There are few absolutes with sentencing. But, here are two: the legislature can lessen the sentences of current inmates, retroactively, and the executive branch can lessen any individual sentence, at any time. This has been, actively, pursued, for a number of years, in many states, because of the high cost of life sentences and/or geriatric care, found to be $60,000-$90,000 per year per inmate.

Innocents released from death row: Some reality - Furthermore, possibly we have sentenced 25 actually innocent people to death since 1973, or 0.3% of those so sentenced. Those have all been released upon post conviction review. The anti death penalty claims, that the numbers are significantly higher, are a fraud, easily discoverable by fact checking. There is no proof of an innocent executed in the US, at least since 1900.

In choosing to end the death penalty, or in choosing not implement it, some have chosen to spare murderers at the cost of sacrificing more innocent lives.

Sections

Neighborhood News

Special Sections

Legal Notices

Some Favorite Sites

Government/ Community Links


Flyerboard

Sponsors

N.H.I. Site Design & Development

NHI Store

Buy New Haven Independent Stuff

News Feed

Powered by
Movable Type 3.35