Attorney General Caldwell: Let the Ruling Stand

Today, Louisiana Attorney General James Caldwell has the chance to end a nightmare.

More than four decades ago, two young black men were convicted of the murder of a prison guard at Louisiana’s infamous Angola prison. The life sentence handed down to Albert Woodfox and Herman Wallace would not only put the men behind bars – it would plunge them into a nightmare of cruel inhuman and degrading treatment for the next 41 years of their lives.

Despite the fact that no evidence tied Woodfox or Wallace to the crime, the two men were placed in solitary confinement after their 1972 conviction; 23 hours a day isolated in a small cell, four steps long, three steps across. Robert King, who was investigated for the crime, but charged and convicted instead of the murder of a prison inmate, was “lucky” to be released after 29 years of this dehumanizing treatment. The other two members of the so-called “Angola 3″ have remained there, waiting for the arc of the universe to bend slowly toward justice.

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U.S. Public Turning Away From Death Penalty?

In 1972, the U.S. Supreme Court overturned all U.S. death penalty laws, declaring them unconstitutional.  Public support for capital punishment was low back then, but by 1976, the death penalty had made a comeback and, 1,200+ executions later, here we are.

Yet now public support for the death penalty is as low as it’s been since 1972, and the New York Times this weekend made the case that it may really be on its way out.  The number of death sentences and executions annually has plummeted over the past decade, and 24 of the 50 states have either abolished capital punishment or not carried out an execution in 12 years or more. SEE THE REST OF THIS POST

What's Changed?

It was the early summer doldrums of late June.  The year was 1972.  The number one song was Neil Diamond’s Song Sung Blue (really??), and the movies that came out that weekend were The Candidate and Conquest of the Planet of the Apes (not exactly blockbusters like The Godfather).  But there was some relatively big news – bigger, at least, than the news from twelve days earlier that five men had been arrested for breaking into the Democratic National Committee headquarters in the Watergate Hotel.  The bigger news was that the US Supreme Court, by a 5-4 vote, had banned the death penalty.

It was clear at the time that the Court’s slim majority was not stable.  They all had their own different reasons for voting to nullify the nation’s capital punishment laws.  Two wrote that the death penalty was “cruel and unusual punishment”; another wrote that it was discriminatory; another wrote that it was arbitrary (his exact words were, “freakish and wanton”), and still another doubted that executions met any general need for retribution.

It’s almost 40 years later, and the death penalty continues to discriminate, largely on the basis of the race of the victim.  It also continues to be arbitrary – the vast majority of murders do NOT result in a death sentence, and the limited success of capital prosecutions is often determined, not by the heinousness of the crime, but by where the crime is committed and whether the defendant can hire his own lawyer.  The value of retribution in a punishment carried out so rarely and randomly remains doubtful.  And, as more states abolish the penalty or restrict its use (only 11 states carried out executions last year), and as death sentences continue to decline, the “cruel and unusual” argument carries greater weight

When the death penalty in the US is abolished again (and permanently), the movies may be different (then again they may not), the songs may be different (we can only hope), but the arguments will be pretty much the same.