ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SUNDAY, November 5, 1995                   TAG: 9511060012
SECTION: EXTRA                    PAGE: 1   EDITION: METRO 
SOURCE: CODY LOWE
DATELINE:                                 LENGTH: Long


YOU SPOKE YOUR MIND ABOUT THE DEATH PENALTY

For some, the answer to the questions of whether the death penalty is just or appropriate can be summed up in a few words.

``Yes, I believe capital punishment works," wrote R.K. Cooke of Moneta. ``As for the method of execution, I believe they should be hung in front of the courthouse. And if you libs [liberals] would publish the photos, the crime rate in this country would drop drastically.

``P.S. Get a haircut.''

A similarly brief - but opposite - conclusion was reached by Nancy Alexander of Blacksburg: ``How can we demonstrate a reverence for life when we [state or individuals] show such a cavalier disregard for it?''

Those were among the almost 50 responses to an Oct. 15 Back Pew column seeking your opinions on the death penalty.

The column was prompted by the number of executions scheduled in the state before the end of the year. One man has been executed since the column was printed. Another execution, Lem Tuggle's, has been postponed pending a Supreme Court-ordered review. At least seven others are scheduled this year.

As might have been expected, responses were passionate and almost evenly split between defenses and condemnations of execution. Only a handful of those who wrote admitted to feelings of ambiguity or indecision on the subject.

Respondents included a range of people from educators to a retired penitentiary warden to a death-row inmate.

One writer took me to task for ``introduc[ing] substantial response bias'' in the column and for behaving as if I believe I am one of the ``morally anointed'' who has a ``predilection ... to impose moral [judgments] on others.''

Specifically, Robert B. Frary objected to a sentence in my original column: ``It seems fairly obvious that continuing cultural biases against people of color and the poor make it easier for juries to send them to death.''

``That statement is insulting to every person who has ever sat on a jury deliberating the death penalty,'' Frary wrote. He goes on to agree with the column that ``money counts in our justice system,'' but argues that ``The effect is not in jury bias but in the hiring of effective lawyers and expert witnesses, as evidenced by the Simpson fiasco. But what does that have to do with imposing the death penalty in contrast to any other penalty? Should we eliminate all criminal penalties because rich perpetrators disproportionately avoid them?''

Though I don't believe the original statement is an insult to every jury in every capital case, Frary's point about wealth affecting the system is well taken. The question remains, what should we do about it? If we agree that we cannot and should not eliminate all criminal penalties as a method of making the system more just, what should we do? Are other reforms possible to help protect the rights of those who cannot pay? It would seem a justice system purporting to be based on laws, not power or influence, would demand such reforms.

A few people wrangled with the question without coming to any black-and-white conclusions.

``Of course, there is no answer,'' James E. Littlefield wrote via e-mail. "I have learned in my many years of teaching that the best ... discussion comes from questions with no answers.

``There are certain people for whom I say, `He has given up his right to live. Let's get him out of our society by killing him.' There are many others for whom I can't imagine that killing them solves any problem for anyone.

``In short, I am a wishy-washy liberal who can't come up with an answer. I'm not sure this will help with your column, but it will let you know that at least some of us are conscious of both sides of the debate and relate to both sides at times, depending on the circumstances.''

Following is a sampling of some of the other responses. Space considerations preclude the inclusion of all of them, or of quoting any at great length, but my thanks to all of you who took the time to respond. Almost every writer effectively defended a point of view on a subject we undoubtedly are going to spend even more time debating in the future.

``Where premeditated murder is committed, capital punishment is just and should be expected by the guilty. When a convicted murderer is executed, that murderer will not kill anyone else.''

Anthony L. Humphrey,

Roanoke

``I think capital punishment is premeditated murder. I don't think the answer to someone's death is the death of another seven to 10 years later. ... I think if there is even the slightest chance an innocent person could be put to death, then it is too big of a chance to take.''

Melissa L. Ball,

Giles County

``Minorities ... commit a disproportionate share of the crime so get a disproportionate share of the sentences. ... There is no doubt that somewhere along the line in history an innocent person was executed, though I have no knowledge of this ever happening. Considering the vast number of crimes ... it is a small price to pay.''

Jack Burke,

Roanoke

``The surest sign of the ugliness capital punishment brings out in us is the party held outside correctional facilities on the night of an electrocution or lethal injection. What message do we Americans send to the rest of humanity when we celebrate the killing of any person? We are better than that.''

Molly McClintock,

Christiansburg

``Even if you participate in church no further than just to sit on the Back Pew, you surely know that our whole system of laws has its foundations in God's law as declared in the Bible and handed down in the Judeo-Christian tradition. God decreed capital punishment in many cases, but his purpose was not especially to set an example that would be a deterrent to others. It was to purge evil from the midst of His people. ... Capital punishment is not the worst thing that can happen to a person. On the contrary, a person who has time to prepare for his/her death often confesses his sin and receives forgiveness from our Lord and consequently can be ushered into a glorious eternal life.''

Maryanne F. Davidson

Rocky Gap

``Folks choose capital punishment because it makes them feel better. They don't know what else to do with the criminals. They will use `eye for an eye' theology, [choosing] to forget that Jesus said not to use that theology anymore, but rather to turn the other cheek. As a Christian and a pastor ... I will not stoop to the killer's level to become like him or her.''

John Colatch

``I have come to the conclusion that God never expects us to seek personal vengeance. God does expect us to honor and respect those in authority, given this right by him to punish the evil and uphold the good. ... If God thought [capital punishment] would be a deterrent way back in Noah's day, why would he not think the same in our day?''

Pastor C. Berkley Stevens,

Roanoke

``Death Row has been my place of residence for the past nine years ... for a crime I did not commit. I know of no person who is on this death row, or any other death row, who committed a murder and thought that they would be caught! The only deterrent value is that once a murderer is executed, then it is without question that the murderer will not commit another murder... We all know that if a person has money and influence, that he/she can literally get away with murder. I have yet to see a rich man on death row!''

Joseph R. O'Dell,

Boydton

``I am retired from the Maryland Department of Corrections [for many years serving as warden] of the penitentiary in Baltimore [where] capital punishment sentences are ... carried out. I believe if after the capital punishment sentence is reviewed by the state's highest appellate court and promptly carried out, it would have much deterrent effect. ... An inconsistency on the part of many I cannot understand is that most of us are not opposed to military service ... which is only preparation for, and the application of, violent means to protect ourselves. Isn't violent crime a more immediate and personal threat to our security and way of life?''

Preston L. Fitzberger,

Buena Vista

``Many view the `death penalty' as a solution, but ultimately it has led to more idiots, such as Paul Hill and [Timothy] McVeigh, who use the same mentality that murder can be used for political gain and greater notoriety.''

Tilly Gokbudak

Radford

``We, the public, usually just hear about the final crimes these monsters commit. Most, if not all, of these criminals have crime records as long as your arm and have had numerous opportunities to straighten out their lives. ... Is the current law adequate, you ask? No, absolutely not. Under current law it takes years, not days, not months, but years to carry out a death sentence. ... And yes, the victims' loved ones and the public want and deserve a measure of revenge.''

Raymond A. Simmons,

Roanoke

``The very existence of the death penalty implies that vengeance is a proper response for someone who has been wronged. It appeals to the very worst emotions in people who have been physically and emotionally violated. A much more constructive sentence for anyone who has committed a crime against another person is to require that while imprisoned the inmate must contribute something in the way of restitution to those who were hurt or their family. A work program in which the larger part of the earnings go to the injured parties would put the emphasis on a positive response to violence rather than a negative one. Incarceration is the punishment; restitution is justice, or as close to it as we can come.''

Jacques Millerm,

Roanoke



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