Capital Punishment and Its Many Problems ...

There has recently been much discussion as to capital punishment as an implement of judicial consequence for certain crimes. This increased discussion has been the result of Pope Francis’ declaration that, from a catechetical standpoint, capital punishment is morally wrong, and can never be accepted by Catholics as a means to sanction an individual for their deeds. Many Catholics, including theologians, have taken issue with the Holy Father’s position, stating it is theoretically and practically morally permissible under certain circumstances. I am not here to speak as a theologian, but I am here to share my observations regarding why, from at least a practical standpoint, the imposition and execution of capital punishment is troubling in many ways.

I believe I have some standing to speak here. In 2009, my brother-in-law’s niece, Lisa Bollaert, was found strangled in Tulsa, Oklahoma after running away from her family due to untreated mental illness; to this day, her killer has never been found. In 2012, my son’s best friend, Roberto Colon, was stabbed to death in Orlando, Florida; his killer went on to murder three other people that day by gunfire, and gravely wounded a fourth, before taking his own life.

There is much talk about issues like “swift justice”, “deterrence”, “accountability” and the like in the capital punishment debate. However, in the four points enumerated below, I hope to point out that the imposition of death can be far more complicated and fraught with moral uncertainty that its proponents would want you to believe. I note here that my comments below are more anecdotal than scholarly in nature – my intent here was not to write an academic piece; that said, I’m sure you can find support for any one of these points in the peer-reviewed literature if you wished.

Deterrence: One of the main arguments for capital punishment is sure and swift punishment that will deter similar conduct from others. However, current data suggests that the average time from sentencing to execution is some 15-1/2 years and, in many cases it can be as long as 25 to 30 years. I fail to see deterrence in a sentence that takes increasingly on the upside of two decades to implement, where the crime and victim(s) is (are) long since forgotten, even within the community where it happened (e.g. as people die, move away, etc.).

Vicarious Liability: This is a huge issue in states like Texas (the most “efficient” capital punishment “machine” in the U.S.). Here’s how it goes: Bob and Joe conspire to commit armed robbery; they enter a gas station. During the robbery, Joe decides there must not be any witnesses, and shoots the gas station employee dead, although Bob had NO intent to do so. Both flee separately after the killing; Joe gets caught first. Threatened with execution during questioning, Joe “spills the beans” on Bob and gets life in a plea deal; Bob, despite not pulling the trigger or even having intent, gets the needle. Yes, this ACTUALLY HAPPENS. Shouldn’t capital punishment be both or neither, especially for the shooter?

The Mentally Ill: Another concern. There is data, time and memorial, demonstrating that a number of executed criminals have low IQs, are otherwise psychiatrically compromised, or have substantiated histories of abuse as a child (which has a profound impact on psychological development and attitudes towards others). Ted Bundy and Ted Kaczynski are one thing, but do we want to be a society – already with an abysmal record of mental health care – in the business of compounding death with death? I’m not saying the guilty should be released early from prison, but what insanity is there is a concept such as forcing people to take medication so that they will become “sane enough” to be executed?

Proof Beyond All Doubt: Capital punishment is the ultimate of all sanctions, and, as such, shouldn’t it require the ultimate in proof? However, some prosecutors, eager to score “points” with their constituents, are sometimes very willing to go “all in” on death as the resolution to an emotionally-charged situation. Such was the case with Casey Anthony in Florida in 2011 – prosecutors, playing to the anger of the citizenry in that case – sought first-degree murder charges with an eye on lethal injection. However, there was scant physical evidence that could definitively link Ms. Anthony to the death of her daughter, Caylee; the case was largely conjecture. Given the prospect of putting a possibly innocent woman to death, the jury balked and acquitted her of all charges, except those of lying to law enforcement. However, how many people HAVE been executed, without ABSOLUTE proof of their guilt? I shudder to think …

Again, this article is not an academic piece, nor am I a theologian qualified to discuss limited, narrow circumstances where capital punishment might be justified. However, given the fact that humans are subject to fallibility, and, many times, all is not as it seems to be, I think we owe our fellow humans some benefit of the doubt when it comes to considering and imposing the supreme sanction for illicit conduct. Unless we can address the issues listed above, I have difficulty considering capital punishment as just or equitable, and believe social justice and security can be achieved by life imprisonment without parole.