The Killing Machine The Killing Machine
For many of the 3,682 men and women on death rows across the nation, and their families, this election is literally a matter of life or death. With one or more appointments to the Supreme Court, the next President will probably change the balance of power in the Court's review of capital cases. The Court could play a greater role in restricting the use of the death penalty, or it could give the states free rein to carry out more and more executions. Neither George W. Bush nor Al Gore is going to appoint Justices like the late William Brennan and Thurgood Marshall, who believed that capital punishment violates the Constitution's prohibition of cruel and unusual punishment. But the next President's appointments will have an enormous impact on how much death is used as a punishment in the next several decades and the fairness of the process by which people are denied their lives and liberty in the criminal courts. Bush has expressed his admiration for Justices Antonin Scalia and Clarence Thomas, who have vigorously maintained that the Constitution allows states to execute just about anyone--children, the mentally retarded, even the innocent--and provides virtually no protections, not even a decent court-appointed lawyer, to a person facing death. Their approach to capital cases is much like the one taken by judges in Texas, which dispatches people to its busy execution chamber in assembly-line fashion. Bush has defended the Texas system, claiming that the condemned had "full access to the law," while presiding over 144 executions during his six years as governor. No other state has carried out more than eighty executions in the past twenty-five years. Al Gore will probably appoint moderates like the two Justices appointed by Bill Clinton, Ruth Bader Ginsburg and Stephen Breyer, whose votes reflect their views that the Constitution restricts the ways in which states may impose death and that the federal courts have a role to play in deciding what those restrictions are and in keeping the death penalty within them. Many of the Court's most important capital decisions have been decided by a 5-to-4 vote. In those cases the outcome has usually been determined by Justices Sandra Day O'Connor and Anthony Kennedy. When they join with Scalia, Thomas and Chief Justice William Rehnquist, the death sentence is upheld--as in two 5-to-4 decisions in Virginia cases this year. In one of these, Weeks v. Angelone, they upheld a death sentence even though the judge misled the jury regarding how it was to reach its sentencing decision. In the other, Ramdass v. Angelone, the defendant was not allowed to tell the jury that he would not be eligible for parole if sentenced to life in prison instead of death. Ginsburg, Breyer, John Paul Stevens and David Souter dissented in both cases. If either O'Connor or Kennedy joins the Court's four moderates, the outcome is different. Just how delicate the balance is was illustrated by the 1989 case of Penry v. Lynaugh. John Paul Penry is a mentally retarded man sentenced to death in Texas. Justices O'Connor and Kennedy were part of a 5-to-4 majority holding that the Constitution does not prohibit the execution of the mentally retarded, but Justice O'Connor cast the critical fifth vote for setting aside Penry's death sentence because the jury was not instructed that his retardation should be considered in mitigation. ]]> ]]>
Sep 25, 2000 / Feature / Stephen B. Bright
The Threat to the Net The Threat to the Net
Open access to the broadband Internet is essential if we are to insure that a diverse range of voices has a chance of reaching out to citizens in the new era of high-speed communic...
Sep 25, 2000 / Jeffrey Chester
Hear No Evil, See No Evil Hear No Evil, See No Evil
To the Rehnquist Court, criminal justice is all too often a technical matter best left to the states.
Sep 25, 2000 / Feature / David Cole
Holy Joe! A Culture War! Holy Joe! A Culture War!
Instead of kissing babies, this year the pols are bashing youth culture and the companies that promote it.
Sep 25, 2000 / The Editors
Presidential Politics, Cont’d., Cont’d. Presidential Politics, Cont’d., Cont’d.
I still think third-party politics is mostly a crock, but then, so is two-party politics.
Sep 24, 2000 / Column / Katha Pollitt
Selma Is Still Selma Selma Is Still Selma
Selma, Alabama, a touchstone in the civil rights movement, is frozen in a way that confounds onlookers.
Sep 7, 2000 / Amy Bach
Freedom From Religion, ¡Si! Freedom From Religion, ¡Si!
"The Constitution guarantees freedom of religion, not freedom from religion," Senator Joseph Lieberman told a rapturous audience at a black church a few Sundays ago, just after...
Sep 7, 2000 / Column / Katha Pollitt
Laissez les Bons Temps Rouler! Laissez les Bons Temps Rouler!
First, the obvious part.
Aug 24, 2000 / Column / Eric Alterman
The Lori Berenson Papers The Lori Berenson Papers
Research support: the Investigative Fund of the Nation Institute. Additional reporting: Edmundo Cruz.
Aug 24, 2000 / Feature / Jonathan Levi and Liz Mineo
Stem the Tide of Research? Fuhgeddaboutit Stem the Tide of Research? Fuhgeddaboutit
President Bush was not deterred by lack of expertise when it came to deciding a highly specialized scientific issue.
Aug 14, 2000 / Column / Robert Scheer