Do we deserve to kill? I don’t think so

On today’s World Day Against the Death Penalty, I can think of countless reasons why we should all stand up against this inhuman and brutal form of punishment.

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To begin, there has never been any evidence that it serves as a deterrent to crime - certainly not more so than a lengthy prison sentence. To underscore the point, just look at what happens when countries (or US states) abolish the death penalty: nothing. Elbegdorj Tsakhia, the former President of Mongolia who led his nation’s abolition of the death penalty in 2016, noted that:

Crime seemed not to be affected at all by abolition, suggesting that the executions never had a deterrent effect to begin with.

If policy makers are really serious about making communities safer, they must address the root causes of violent crime, which are complex and multi-faceted. Instead of spending millions every year on the relentless pursuit of state-sanctioned killing, governments should invest in policies that reduce inequality, improve education, or offer more effective mental health services. Let’s face it, the death penalty is the opposite of sensible, evidence-based policy. Contrary to the blustering rhetoric of its proponents, especially on the campaign trail, it is the farthest thing from being “tough”, let alone “smart” on crime.

Harry Kinnaird

But what continues to concern and frustrate me the most is the death penalty’s staggering rate of error, even in places that that take so much pride in the efficiency of their criminal justice systems. And that should worry even those who, unlike me, believe that there is a moral justification to states taking lives in the name of their people.

Just a few days ago, I read about 88-year-old Iwao Hakamada, a former professional boxer, who spent 56 years in a Japanese prison under a sentence in death. Mr. Hakamada was initially found guilty of killing four people in 1966, but it was only after decades of tireless campaigning by his family and supporters that the case was reopened. Last year, Tokyo’s High Court finally ordered a retrial, which eventually led to Mr. Hakamada’s exoneration and release days ago. Notably, the final ruling said that an early confession that led to his conviction was “entirely fabricated” by investigators. Old and in poor health, Mr. Hakamada did survive his ordeal to live his remaining days as a free man, but it begs the question how many people on death row were not so fortunate. And where is the accountability for this miscarriage of justice?

The US, of course, is no stranger to sending innocent people to death row – at least 200 men and women have been freed from death row after new evidence cleared them of all charges. And the risk of executing the innocent is real, as seen in the case of Marcellus Williams in Missouri, who was executed in September despite compelling evidence, including the DNA testing, supporting the claim that he had nothing to do with the crime he was convicted for. The fact that his state-sponsored killing went ahead, despite pleas from prosecutors and experts, calls into question whether the legal principle of proving “guilt beyond a reasonable doubt” still has any meaning at all. Cases like that of Robert Roberson in Texas (whose execution is scheduled for next week) or the ongoing ordeal of Richard Glossip in Oklahoma suggest that the death penalty may serve all sorts of political purposes, but certainly doesn’t deliver justice.

All of this calls to mind what the brilliant human rights lawyer Bryan Stevenson, author of Just Mercy, said long ago: “The question is not so much whether someone deserves to die, but whether we deserve to kill.” The way I look at it, we never have. And we never will. It’s time to abolish the death penalty for good.