I just read an amazing editorial by Bob Herbert in the New York Times about Justice Steven's criticism of the death penalty in this country. Herbert's summary was fascinating, and now I have to read the retired justice's full analysis.
Though I stopped practicing law many years ago I still have an interest in my former profession. The death penalty is one place where my position has changed. I used to be in favor of the ultimate "punishment", but as I got deeper into my career, read more, thought more I realized it was fundamentally unjust as applied, and the risk of executing an innocent person was simply too great. Better life in prison without possibility of parole. That way if a mistake has been made, an injustice committed, it can be fixed. Death is generally considered to be permanent.
And if that seems to soft then consider this -- it is far cheaper to incarcerate a prisoner then incur the costs triggered by the automatic death penalty appeals. Think of it as a cost saving effort with the added benefit that we, as citizens, will not have been party to the execution of an innocent person.

written by John Stevens, November 30, 2010

The Shame of the Death Penalty




