The Death of Innocents Sarah Colegrove SOC 322: Criminal Justice April 30, 2012

Colegrove 2 The Death of Innocents Sister Helen Prejean, in her book The Death of Innocents: An Eyewitness Account of Wrongful Executions, examines the death penalty and death row with an inside perspective. She wrote of her experiences with inmates, specifically of Dobbie Gillis Williams and Joseph ODell, on death row with whom she served spiritual advisor to. In her book, she gives us a glimpse of the extreme injustices that these men faced both Williams and ODell claimed innocence and now there are doubts about ODells case. After reading the book, it is evident that the death penalty and the way that it is carried out, specifically in the United States, violates basic human rights and the rights given to every citizen by the Constitution because socio-economic as well as cultural factors has unfairly influenced the process of the death penalty being applied as punishment then carried out (Prejean 2005). There are many different ways where the death penalty violates human rights. The death penalty being applied in a case is very much dependent on the socio-economic status of an individual. Those who are poor and belong to the lower and working class have a much higher chance of receiving the death penalty. This can come about in part because many people in society have stereotypes about those who are poor. They image that the poor are lazy or lacking the work ethic and intelligence necessary. They believe that there are jobs and opportunities available for the poor but they do not have the drive to hold the jobs, earn money, and better themselves by moving in the middle or upper classes. As a result, many times before the defendant even enters the court room, he/she is already guilty in the eyes of others in the criminal system because he/she is poor. Race also plays a role in who gets the death penalty. If someone who is black were to kill someone who is white, their chances of receiving the death penalty are much higher. While many believe that we have overcome racism in the U.S., I think

Colegrove 3 that this is evident that racism still exists which has deadly results when it comes to the application of the death penalty (Shelden et al 2008). Another reason that socio-economic status is a factor is that those who are poor are not able to afford the same quality lawyer as those who have high socio-economic status. Many of those who are poor have to depend on a public defense attorney to represent them. These attorneys are typically not of the same quality that those who are able to afford to hire a private attorney are. They work for the state with a guaranteed income and clientele rather than competing among private lawyers to be the best so that they can get hired for the cases that they want to work. In general, the public defense attorneys are not of the best quality, are overworked, do not have enough time to spend with their client and get to know them and their case, or just do not care. This means that when the defendants are going through the criminal system anywhere from the initial arrest to the execution being carried out they are at a disadvantage. Prejean (2005) said, I learned early on that an inept lawyer can get you killed. (p. 27) Dobbie Gillis Williams is such an example of this occurring. The original lawyer that he had did not do his job well. The lawyer did not raise any objections to the fact that Williams was tried by an allwhite jury. If he had, the trial could have swung in Williams favor. Dobbies lawyer had been so inept, the federal judge contended, that it was as if Dobbie had no lawyer at all. (Prejean 2005:105) There are cultural factors that also play into the unequal use of the death penalty. Why is it that the life of a police officer is more important than a regular citizen? It seems, and cases such as Troy Davis lead us to believe, that when a police officer is killed in states where the death penalty exists, the defendant if proven guilty will be given the death penalty. What makes a police officer so much more special than everyone else? It does not seem to be very fair or

Colegrove 4 constitutional. All men are created equal according to the Constitution, what about their deaths? Why should death of one individual be so much worse than the death of another individual? This injustice in which cases deserve the death penalty should not be allowed to continue (Shelden et al 2008). If I were to be killed by someone, providing there are no other crimes involved, the person would not receive the death penalty. However, if a cop was killed, even an off-duty cop, the person would receive the death penalty. How is this a fair application of the law? There are many states that have removed the death penalty from their criminal system. Other states still have the death penalty in their systems and still put people on death row but the state no longer carries out the execution. However, the majority of states, federal government, and the military still carry out the executions (Death Penalty 2012). A wide variety of groups have worked together to rid the United States (and the world) of the death penalty. Groups, such as Witness to Innocence (2012), work around the country to save the lives of those on death row through trying to stay their executions, get them removed from death row, and work to get the death penalty revoked throughout the nation. Recently, they campaigned in Connecticut with success as Connecticut repealed the death penalty. Some groups involve college students, such as law school students, reviewing the cases trying to find evidence to use in the appeal process. All of these groups have had success as there have been several inmates released and several states have since repealed the death penalty as a result of their efforts (Death Penalty 2012). Sister Helen Prejean advocates against the death penalty (even in the cases when she thought that the defendant was guilty). She believes that it is not just and desires to see it eliminated (Prejean 2005). I agree with Prejean that the death penalty needs to done away with.

Colegrove 5 While those who commit some of these horrendous crimes should not be let go without any form of punishment, they also do not deserve to be killed. I think that our goal should be restorative justice and reformation of those who commit these crimes as well as changing the criminal system so that those who are innocent are not killed. We should look towards giving these inmates the help that they need rather than killing them. We need to give them a chance to change. At the same time, we should also try to change the societal structures that can be a factor in why these people harm others. We need to make sure that people are not stuck a cycle of poverty and violence where they feel that they have no escape and violence results. They also need to have the cultural capital, such as education or skills useful for a job, necessary to function as normal members in society. Once this is in place, I think we will see a drastic decrease in violent crimes. People will be able to function as full members of society. There will be a decrease in the pressures that would have forced them into a situation where they could feel forced to turn to violence as an escape. The death penalty violates not only the basic human rights and dignity that we all have but it also goes against our Christian ethics. Many people, such as Justice Scalia, have used the Bible to justify their actions or lack of actions. Passages where it says an eye for an eye or a tooth for a tooth provide justification for people to allow the death penalty to continue (Bible 2006). Many times they are selectively finding passages in the Bible and interpreting them to fit their point. Instead of looking at the whole meaning and context of passages, they are using passages that might seem to or could be interpreted to support their point (Prejean 2005). They seem to be forgetting the fact that we are all called to love God and love our neighbor as our self. How is killing a person loving them? It seems to be doing the exact opposite (Bible 2006). Most, if not all, of the people who are executed by the state are the poor, alienated, and

Colegrove 6 misfits of society. They do not have the cultural capital or the socio-economic status necessary to make sure that they receive just treatment. I do not see justification of killing these people in the Bible. When I read the Bible, I see a God of forgiveness and love not a God of wrath. We should leave the decision of who gets to live and who gets to die up to God. It is not our place to make these decisions. Instead of killing them we should show them love and forgiveness. Sister Helen Prejean is a compelling figure in the fight against the death penalty in the United States. She is an example of how to fight against something that one does not believe in without being violent. She also shows how to practice justice in the face of injustice through her continued visits to those who are on death row. She does not let them suffer alone but offers them a much needed companionship. I think that her book, The Death of Innocents: An Eyewitness Account of Wrongful Executions makes a compelling against the death penalty because it gives us a face to who the death row inmates are. Dobbie Gillis Williams and Joseph ODell were victims not murderers. They happened to be in the wrong place at the wrong time in that their socio-economic status was used against them and in Williams case, his race was a deciding factor. Knowing that these two men were innocent should reach our emotions and make us want to take a stand against the death penalty (Prejean 2005). I wholeheartedly agree with the efforts to get rid of the death penalty and think that this fight against the death penalty fits perfectly within the tenets of Christianity. Hopefully, individuals and groups will continue to fight against the death penalty and eventually eliminate from not just the United States but also from the world.

Colegrove 7 Works Cited Bible: New International Version. 2006. Grand Rapids, MI: Zondervan. Death Penalty Information Center. 2012. Retrieved April 30, 2012. (http://www.deathpenaltyinfo.org/). Prejean, Helen. 2005. The Death of Innocents: An Eyewitness Account of Wrongful Executions. New York: Random House. Shelden, Randall G., William B. Brown, Karen S. Miller and Randal B. Fritzler. 2008. Crime and Criminal Justice in American Society.Long Grove, IL: Waveland Press, Inc. Witness To Innocence. 2012. Retrieved April 30, 2012. (http://witnesstoinnocence.org/).