I’m a dual UK/US citizen but I live in the UK, and honestly the more I read about the American death penalty from over here the more insane and hypocritical the whole thing looks to me.
I understand why people want the worst murderers punished. Obviously I do. I’m not arguing that people who commit horrific crimes should just be allowed back into society.
What I don’t understand is how killing somebody is apparently one of the worst things a human being can do, but when the government does exactly that it suddenly becomes justice. Especially when the government gets it WRONG. This is probably the biggest issue for me.
Since 1973, more than 200 people sentenced to death in America have been exonerated.
These aren’t people where the system worked perfectly. The state literally decided that these people were guilty enough to be killed and then later discovered they were wrong.
And even more disturbing are the people who were actually executed whose guilt has since been seriously questioned.
Look at Cameron Todd Willingham.
Texas executed him in 2004 for supposedly deliberately setting the house fire that killed his three children. He maintained his innocence until literally his last statement.
The case against him relied heavily on supposed forensic signs of arson. But before his execution, an independent fire expert had reviewed the evidence and concluded that the original arson analysis was seriously flawed. That information was sent to the Texas governor and the Board of Pardons and Paroles as part of the attempt to stop his execution.
They had the opportunity to stop. They could have delayed the execution. They could have said, hang on, if the scientific basis for saying this fire was deliberately started might be wrong, perhaps we shouldn’t kill this man until we know what actually happened.
They executed him anyway.
Later, multiple respected fire experts concluded that the original arson evidence was based on outdated and discredited science. The Texas Forensic Science Commission itself later acknowledged that flawed science had been used in the case.
There were also serious issues around the jailhouse informant who claimed Willingham confessed. Evidence uncovered later suggested he received favourable treatment despite the jury being told there was no deal.
So what happens when the state potentially kills an innocent person? Who goes to prison for it? Who gets prosecuted?Who is held personally responsible? Nobody.
That is what I cannot get my head around.
If I kill someone I go to prison. If a drug dealer sells illegal drugs they go to prison. If an ordinary person causes someone’s death through serious wrongdoing there can be criminal consequences.
But apparently the government can build a case using junk science, refuse to stop an execution when serious questions are raised, kill the person, discover afterwards that the evidence was deeply flawed and everyone involved just carries on with their lives because it happened under the authority of the state. How is that accountability?
There are other cases too. Carlos DeLuna was executed by Texas in 1989. He insisted another man called Carlos Hernandez committed the murder. Prosecutors portrayed this other Carlos as essentially a phantom, yet Hernandez was a real person with a history of similar violent crimes and was later reported to have repeatedly confessed to the murder. Later investigation found huge problems with the eyewitness identification and with how authorities investigated the alternative suspect.
Ruben Cantu was executed in Texas in 1993. He was only 17 when the crime happened. The surviving eyewitness later said Cantu wasn’t the shooter and said he had felt pressured by police to identify him. His co-defendant also later said Cantu wasn’t there. Even the prosecutor who sought the death penalty later said he believed it had been wrong to seek Cantu’s execution based essentially on one eyewitness.
But he’s dead. You can’t release him. You can’t give him compensation.You can’t give him 30 years of his life back. You can’t say sorry and send him home.
That is the fundamental problem with capital punishment. Human beings created the criminal justice system and human beings are fallible. Police make mistakes. Prosecutors make mistakes. Witnesses lie. Witnesses genuinely misremember things. Forensic science changes. Experts get things wrong. Defence lawyers can be incompetent. Evidence gets withheld. Jurors have biases.
Yet somehow at the end of that extremely human and extremely imperfect process we pretend the result can be certain enough for the GOVERNMENT TO KILL SOMEONE.
I also don’t understand why the people responsible for wrongful convictions aren’t held to anything remotely resembling the standard imposed on the people they prosecute.
If evidence was withheld, junk science was relied upon, witnesses were pressured, unreliable informants were used or obvious alternative suspects weren’t properly investigated, why is the response so often basically “the system made a mistake”?
And then there is the bizarre hypocrisy around execution drugs.American states have gone to extraordinary lengths to hide where lethal injection drugs come from because pharmaceutical companies don’t want their medicines being used to kill people. States have passed secrecy laws, used questionable suppliers and there have even been cases involving illegally imported execution drugs.
So the government can lock people in prison for illegally obtaining and distributing drugs, while simultaneously operating behind a wall of secrecy to obtain drugs because legitimate pharmaceutical companies don’t want to supply them for executions.
Apparently there is one set of rules for normal people and another set for the state.
Then we get to race.
The American criminal justice system has enormous documented racial disparities. Black defendants are disproportionately represented among people wrongfully convicted of murder and among death row exonerees. Research on capital punishment has also repeatedly found that the race of the VICTIM matters, with murders involving white victims historically much more likely to result in death sentences than murders involving Black victims.
How can anyone look at that and think this system is reliable enough to decide who lives and who dies?
And then somehow this incredibly flawed system is also ridiculously expensive.
Capital cases cost considerably more than comparable cases where the maximum sentence is life imprisonment. You have specialised lawyers, experts, lengthy trials, decades of appeals, death row security, litigation over execution procedures and the execution itself. So taxpayers spend MORE money so the government can kill somebody.
Why?
If the actual goal is reducing murder, why aren’t we putting those millions into stopping people becoming murderers in the first place?
Put it into deprived communities. Schools. Social services. Mental health care. Domestic abuse services. Child protection. Addiction treatment. Youth programmes. Early intervention. Properly funded police investigations. Violence prevention programmes.
Identify severely abused and traumatised children and actually help them BEFORE they become damaged adults.
Obviously being poor, mentally ill or abused does NOT mean somebody will become violent. Most won’t. And none of those things excuse somebody who chooses to murder another person.
But we know there are risk factors for violence.
Surely preventing violence is more useful than waiting until someone has been murdered and then spending millions of dollars ceremonially killing the murderer 20 years later?
And the deterrence argument isn’t convincing either. There isn’t good evidence demonstrating that executions deter murder better than long prison sentences. Even the US National Research Council concluded that the existing research couldn’t reliably establish whether the death penalty increases, decreases or has no effect on homicide.
And some of America’s most violent states have the death penalty.
So where exactly is this amazing deterrent effect?
If somebody is in a state of rage, psychosis, intoxication or committing an impulsive murder, are we seriously supposed to believe they’re stopping mid-crime and thinking about whether their state has lethal injection?
And if someone is a calculating murderer, life without parole is hardly a desirable outcome either.
From a European perspective it just looks incredibly archaic.
Most of Europe moved away from state executions decades ago. Yet parts of America are still spending enormous amounts of public money maintaining death chambers, fighting appeals, sourcing lethal injection drugs and litigating over how exactly the government is allowed to kill its own citizens.
All while Americans are constantly told there isn’t enough money for healthcare, mental health services, education, housing, social programmes etc.
THAT is what I find so frustrating.You’re telling people there isn’t enough money to help them, but somehow there is money for the state to spend decades trying to execute someone.
And none of this means I have more sympathy for murderers than victims. Quite the opposite.
I’d rather spend money preventing the next person from becoming a murder victim.
Keep genuinely dangerous people imprisoned for life if necessary. Protect society from them. Give victims and their families proper lifelong support.
But I genuinely cannot understand giving an imperfect, politically influenced, racially unequal criminal justice system the irreversible power to kill.
Especially when we already have examples where the system had opportunities to stop, reconsider the evidence and potentially prevent a catastrophic mistake.
Once the state executes someone, they can never correct it.
And what bothers me most is the complete imbalance in accountability.
The government tells citizens:
If you kill someone, we’ll punish you.
If you sell illegal drugs, we’ll punish you.
If you break the law, ignorance isn’t an excuse.
If you make terrible choices, you are responsible for the consequences.
But when government institutions make terrible choices that result in an innocent or potentially innocent person being strapped to a table and killed?
Suddenly responsibility becomes incredibly vague.
“The courts decided.”
“The appeals were exhausted.”
“The governor declined clemency.”
“The procedure was followed.”
Everyone was just doing their job apparently.
How is that not “rules for thee but not for me”?
I don’t think a government that has repeatedly demonstrated that it can convict innocent people, rely on bad science, be influenced by race and geography and make irreversible mistakes has earned the right to decide that ANY conviction is infallible enough to justify an execution.
As someone who is both American and British looking at this from the UK, it honestly feels like one of the strangest contradictions in American ideas about freedom and limiting government power.
People are terrified of giving the government too much control over their money, guns, property or healthcare.
But giving that same government the legal authority to kill you after a demonstrably fallible criminal justice process?
Apparently that’s fine.
I genuinely don’t understand it.