The Krone Chronicles 30th Anniversary
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The same week Americans enjoy the th birthday of the Declaration of Independence, they might also consider the meaning of another, less celebratory, anniversary. Thirty years ago, on July 2, , a divided US Supreme Court upheld Georgia, Florida, and Texas laws that promised an end to the arbitrariness and discrimination that had rendered capital punishment unconstitutional four years earlier. However, all empower juries to use such a formula to decide who deserves death and who does not. After 30 years, it is time to evaluate the impact of the laws.
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And no wonder. Execution commonly occurs more than a decade after the crime that gave rise to it, long after the death has meaning for anyone outside the immediate circle of the case. The justice system devotes enormous, if often dysfunctional, attention to capital cases, shortchanging the law enforcement resources available to the vastly larger number of serious, noncapital, cases.
And then there are the disputes between those who insist that executions effectively deter murder and those who claim they do not. Or between those who see race-based decision-making infecting every stage of the process, and those who say that such claims are not established by statistics. These differences are of long standing and they may never be resolved. Of considerations that demand a failing grade for the American way of death sentencing, three stand out.
First, the rise of the innocence movement has produced well over exonerations. When the Supreme Court decided to restore the death penalty in , serious innocence claims were limited to rare instances of total criminal justice system collapse. Fueled by infallible DNA evidence but also encompassing defects in eyewitness identification and law enforcement malfeasance, doubts about death sentences are now understood to result from common and virtually ineradicable human failures.
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