Capital punishment is no deterrence

By Les Kinsolving

“The death penalty’s deterrence” headlined what I regard as the Washington Times usually commendable editorial page on Nov. 24.

This editorial, however, bases its claim on the death penalty as a deterrent on the following lead:

“Twelve studies authored by professors from a number of renowned universities suggest that the death penalty saves lives by deterring criminals from committing more homicides.”

The most widely remembered instance of capital punishment in world history – by crucifixion in the first century – surely did not deter the worship of its victim, nor the spread of Christianity, despite the Roman capital punishment of so many thousands of Christians for more than two centuries.

But the Times editorial goes on to contend: “Perhaps the Supreme Court should review these cases while considering its de facto moratorium on executions, considering not only the state’s role in punishing criminals but also its role in protecting innocents.”


How has capital punishment protected innocents?

In 1950, in England, Timothy Evans was hanged for the murder of his wife – despite his claiming to be innocent all the way to the scaffold. His conviction was primarily due to the testimony of witness John R. Christie.

In 1952, Christie was hanged, after Scotland Yard discovered the bodies of eight murdered women in chief witness Christie’s basement.

Professor Edwin Borchard of Yale’s book “Convicting The Innocent” details 65 cases in substantial refutation of the deadly idea that capital punishment does not mean the executing of the innocent by mistake. The invariable possibility of this ultimate and irredeemable miscarriage of justice is, by itself, full justification for abolition of the death penalty.

Queen Victoria commuted the death sentences of 10 men who were shipped to Australia’s Botany Bay. Before her death, she knighted each one of these previously condemned.

In 1847, Michigan abolished the death penalty. Has there been any higher rate of murder in Michigan than in nearby Illinois, which has retained capital punishment?

If all states wish to protect the innocent – from the inevitable possibility of being executed by mistake – they should surely join the 12 states that do not allow capital punishment.

This Times editorial, quite notably, does not contend that the murder rate is higher in abolition states than in the 38 states that show how much they disapprove of killing in cold blood – by state-sponsored killings in the exceptionally cold blood of execution chambers, near the increasingly crowded death rows.

In what is an absolutely giant hypocrisy, these alleged deterrents are no longer public (as in Jesus’ day). Nor are they allowed to be televised.

While this privacy is a small measure of mercy to the condemned, it is surely a contradiction of the death penalty’s claimed purpose as a deterrent to the public.

Just how many innocent people have been executed by mistake is known but to God. But God surely cares, as I believe as a former part-time chaplain at San Quentin Prison. There I looked through the gas chamber glass and saw my fellow Episcopalian wave his wrist-strapped-down hand at me, just moments before they poisoned him with gas.


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Les Kinsolving

Les Kinsolving hosts a daily talk show for WCBM in Baltimore. His radio commentaries are syndicated nationally. His show can be heard on the Internet 9-11 p.m. Eastern each weekday. Before going into broadcasting, Kinsolving was a newspaper reporter and columnist – twice nominated for the Pulitzer Prize for his commentary. Kinsolving's maverick reporting style is chronicled in a book written by his daughter, Kathleen Kinsolving, titled, "Gadfly." Read more of Les Kinsolving's articles here.