Passing the buck in death penalty review
I didn't consider it a big surprise that that the Georgia Board of Pardons and Paroles denied clemency for Troy Davis.I haven't reviewed the evidence, and I have no idea whether he is guilty or innocent. But I don't think that should be the point. If we are going to impose the ultimate punishment and execute someone shouldn't we be absolutely certain they are guilty? If there is any reasonable possibility that they aren't, the costs of making a mistake are simply to high.
I've said before that I believe we are all going to be judged on the decisions and choices we make. And I don't think you get a pass on something like this by claiming "I was just following procedure(or the law)". That is nothing more than passing the buck - in the end, no one is responsible. The jury can say we decided the case based on what was presented, the State can say we presented the evidence we had, and the courts can say we reviewed the record. Once the case is affirmed, the courts can fall back on the finding that the defendant has not met the legal burden the law requires. In the end, a case can go all the way through the process even though people have serious doubts about guilt of the defendant.
It's no secret that I don't support the death penalty. My beliefs are both practical and religious. They system in place is too prone to mistakes to impose the ultimate punishment - mistakes which we have seen over the last few years. That is coupled with a belief in the sanctity of life, and produces a pretty strong opinion. I realize others don't share my views, and that's fine. But I don't see how even the most hardened death penalty proponent can endorse executing anyone whose guilt is not absolutely certain.
I don't know any of the people involved, but I doubt few will lose any sleep over their decisions. Either they don't care, or they rationalize it away. Unfortunately, the review system provides plenty of ways to do that.
If we are going to have the death penalty, there should be final review aimed at answering the question whether there is an chance the defendant is guilty. If there is, don't execute them. Doing so only ensures that at some point a mistake will be made - a mistake that can never be undone.
