TIME TO STOP THE KILLING

by

Thomas A. Horkan, Jr.

April 8, 1999

   Sometimes, Tallahassee during a legislative session seems to be in a time warp or in another world.  Several bills on the death penalty this year raise that impression.

   What is going on in the rest of the world?  Chicago recently hosted a meeting of a large number of former prisoners who had been released from death row because they were not guilty.  The largest number of prisoners released from death row was from Florida:  19.  Nineteen innocent people who had been sentenced to die, most of whom had undergone writs of execution, gone on death watch and been spared execution only by the dedicated efforts of the capital collateral representatives or private attorneys.

   Florida has executed 43 persons since the death penalty was reinstituted in 1972.  Nineteen were released from death row.  Thus, 30 percent of all cases finalized have been proven innocent.  There is no telling how many of the 360 or more now on death row are innocent, but there can be little doubt that some of them are.

   Protests against the use of the death penalty in the United States come from religious, secular and international sources

   Pope John Paul II has increased his pleas for its abolition, saying at St. Louis, Mo., last January, "I renew the appeal I made most recently at Christmas for a consensus to end the death penalty, which is both cruel and unnecessary."

   The Catholic bishops of Florida have often spoken against it.  On two occasions, they joined with the leaders of some 14 Protestant denominations in powerful statements opposing this method of punishment.  Jewish leaders point to the statement in the Babylonian Talmud that one execution in seven times 70 years would be too many.  Many in the Evangelical community speak eloquently in opposing the death penalty.

   The U.S. Bishops issued a statement on Good Friday asking for an end to the death penalty, saying:  "Respect for all human life and opposition to the violence in our society are at the root of our longstanding position against the death penalty.  We cannot teach that killing is wrong by killing."  The bishops went on to ask the Catholic community to stand with victims of crimes and their families "as they struggle to overcome their terrible loss and find some sense of peace."

   The American Bar Association, which takes no position on the death penalty itself, has called for a moratorium on its use until adequate resources are provided for realistic legal services for the defendants in death cases.  The Florida Council of Churches has undertaken its own moratorium effort, as has Pax Christi.

   The United Nations Commission on Human Rights, which we champion when it condemns Iraq or China, recently visited Florida and three other states in reviewing the practice of the death penalty.  Florida was singled out for criticism in a report that outlined various international agreements and declarations outlawing this practice.  The European Union is proposing to the commission an anti-death penalty resolution.

   Amnesty International has repeatedly criticized us for our widespread use of the death penalty.  Italy recently conducted a rather bizarre trial in Rome for a murder that took place in Miami.  The court even came to Miami to take testimony, before returning to Italy to decide the case.  Why?  Because Italy, like all other countries in Western Europe, find the death penalty so barbaric it refuses to extradite a prisoner to the United States if that is a possibility.  Mexico is holding a prisoner and refusing to extradite him to Florida for the same reason.

   So, what has been done and what is now proposed in Tallahassee during legislative time?  Over the years, the Legislature has increased the number of aggravating circumstances justifying capital punishment.  Originally it was three; now the number is17.  In 1997, because the Office of Capital Collateral Representative was so successful in reversing death penalties and freeing innocent prisoners, the legislature divided the office up into three regional offices and gave state officials surveillance over the office which represent clients against the state.

   Then in 1998, the Legislature required earlier filing of petitions and appeals, without providing the necessary funds; therefore it provided for volunteer attorneys who would receive a maximum fee of $50,000 to handle the defendant's case for all proceedings in state and federal courts, trial and appellate.  The ABA and others recommend that such services, if done competently, call for fees and costs in the millions of dollars.

   This year, companion bills are filed in the House and Senate to drastically further restrict the ability of prisoners to assert their rights, whether of innocence or otherwise.  The Senate bills are SB1158 and SB1926.

   This explains why religious people, secular people, civilized people here and all around the world, abhor the way our state seems to embrace violence and killing as the way to end violence and killing.

   Florida needs to step back and take a hard look at its ritual of killing people whom our humanly flawed legal system finds guilty of murder.  Yes, there should be a moratorium.  Someone has to stop the killing, and if it isn't us, who will it be.is?