Subscribe to Common Dreams News Updates
Most Popular This Week
Popular content
Today's Top News
Troy Davis and the Supreme Decision
Troy Anthony Davis was scheduled to die by lethal injection Tuesday. Two hours before the state of Georgia was to execute him, the U.S. Supreme Court issued a stay until Monday. It had earlier agreed to hear Davis' case on Sept. 29, but Georgia set his execution date six days before the hearing.
Davis was charged with killing Mark MacPhail, an off-duty police officer, in Savannah, Ga., in 1989. Davis had gone to the aid of a homeless man who was being pistol-whipped in a parking lot. Seeing the gun, he said he fled. MacPhail, working security nearby, intervened next, and was killed. Davis, an African-American, claimed his innocence, but was found guilty and sentenced to death. Since his conviction, seven of the nine non-police witnesses have recanted their testimony, alleging police coercion and intimidation in obtaining their testimony. By coming forward and recanting, they face serious repercussions, possibly jail time. Some have identified a different man as the shooter. This man is one of Davis' remaining accusers.
In July 2007, Davis faced his first execution date. Just a day before he was to be executed, the Georgia Pardons Board granted a stay of execution for up to 90 days. Then, Davis' attorneys argued before the Georgia Supreme Court for a retrial or for a hearing to present new evidence. The requests were denied, by a 4-to-3 vote. In the same period, the U.S. Supreme Court was weighing whether death by lethal injection constituted cruel and unusual punishment (the court ultimately allowed its use).
The U.S. Supreme Court will consider Monday whether it will take on Davis' case. If it decides not to, he very likely will be executed.
Among Davis' defenders is former President Jimmy Carter. He said: "This case illustrates the deep flaws in the application of the death penalty in this country. Executing Troy Davis without a real examination of potentially exonerating evidence risks taking the life of an innocent man and would be a grave miscarriage of justice." Georgia Congressman John Lewis also supports Davis. I spoke with Lewis at Invesco Field in Denver, just before Barack Obama's acceptance speech. It was 45 years to the date after the March on Washington and Dr. Martin Luther King Jr.'s "I Have a Dream" speech.
Lewis recalled that historic day: "We were in Washington, more than 250,000 of us, black and white, Protestant, Catholic, Jews, people of different background, rich and poor. ... In many parts of the South, people could not register to vote, simply because of the color of their skin. And we changed that."
Yet this week, in light of Davis' plight, Lewis told me: "In spite of all of the progress that we've made as a nation and as a people, we still have so far to go. The scars and stains of racism are still deeply embedded in every corner, in every aspect of the American society." He went on to say, when I pointed out that Sen. Obama himself supports the death penalty: "It is troublesome. You know ... someplace along the way, some of us must have the courage to say-and I'm moving closer and closer to this point-that in good conscience, I cannot and will not support people who support the death penalty. I think it's barbaric, and it represents the Dark Ages. .... I don't think as human beings, I don't think as a nation, I don't think as a state, we have the right to take the life of another person. That should be left for the Almighty to do."
The death penalty is a noxious and racist practice. According to the NAACP Legal Defense Fund, of more than 3,300 people on death row in the U.S., over 41 percent are African-American-more than three times their representation in the general population. According to the Death Penalty Information Center, since 1973 there have been 130 people exonerated-people wrongly sentenced to death-in 26 different states, including five exonerated on death row in Georgia. Evidence even suggests that at least four innocent people have been executed in recent years. There is no physical evidence in the Troy Davis case. After the stay was announced, Davis asked his mother to have people pray for the MacPhail family, and to keep working to dismantle this unjust system. He told her he wouldn't be fighting this hard for his life if he were guilty. This is a case of reasonable doubt. Troy Davis deserves a new trial.
- Posted in




17 Comments so far
Show All"The death penalty is a noxious and racist practice. According to the NAACP Legal Defense Fund, of more than 3,300 people on death row in the U.S., over 41 percent are African-American-more than three times their representation in the general population."
I was with her till this. Racist? Not likely if you simply look at the statistics of who commits a majority of violent crimes and murders and wgho they commit them on. This kind of argument is beneath Amy. I am surprised at her.
Though I would say that there is certainly some racism involved in death sentences.
Thomas, Black people don't commit any more crimes that white folks. They just get caught more because of profiling.
Hi Thomas - I have always lived in mixed-race urban areas. Perhaps you haven't seen this but...
Starting from childhood, a white kid who steals from a store is more likely be let off with a call to his parents and a request to pay for the item, while a black kid will be pulled in. Once a person has spent time in a juvenile jail, the self-image as a criminal is born and the downward spiral can begin. The pattern continues.
Black people get caught more, misidentified more, charged with higher levels of crime for the same act, have less money (on the average) so get worse representation and thus take the option of pleading even when innocent, get longer sentences. An eleven year old girl, if black, may go to jail for prostitution. (I am not making this up) A white girl would be treated as an abused child by the system. A middle class white drug user who steals might be sentenced to rehab. A black kid goes to jail. White? Psychiatric treatment. Black? Jail.
Money and good representation can offset a lot of this, for example OJ.
Plus the crimes committed by white men are frequently legal or result in minor penalties. Landlords rarely spend time in jail no matter how much they fail to comply with code and cause misery and illness for their tentants. Employers who violate laws face few penalties. Biggest examples are the looting of our economy and organizing mass murder initiatives based on lies. So far nobody is in jail, although one can hope.
Joe
The racism also applies to the quality of lawyers a black defendant typically has...which is usually pretty shitty.
If I'm not mistaken, over the years a lot of documentation has been developed that shows that in relatively equal cases, a white man is less likely to be given a death sentence. Also, if the crime involves a black man killing a white man, there is a significantly greater chance of the accused getting the death penalty than if a white man kills a black man.
Yes, Amy shortcutted the argument. But she's writing in a limited amount of space. And also she's good enough to know she needs to stick to her main point and not wonder into long discussions of side issues like this.
But I think its rather unfair to criticize her simply because she didn't go into great detail laying out that documentation that exists that the death penalty is applied in a racist fashion in this country. That's well documented and I'm actually surprised that someone who question the very racist nature of this.
----------------------------
"To know, and not to do, is not to know"
www.samsonsworld.blogspot.com
I must say, Thomas, that I am very, very surprised to read such as this from you. You are obviously an intelligent man yet you profess ignorance of the blatant racism in our sentencing statistics and in the numbers of convicted being cleared by DNA evidence. Both are heavily weighted towards african americans.
I urge you to spend a bit of time with a reputable search engine
( I prefer Vivissimo and Clusty for their clustering components, but Dogpile is decent as well) and have your eyes opened. Blacks are many times more likely to get a death penalty, they are likely to be sentenced to much more time in prison for the same offenses that release white men far sooner.
I wish I didnt shudder when reading that part of your post that perhaps reveals more about you than you might wish:
"I was with her till this. Racist? Not likely if you simply look at the statistics of who commits a majority of violent crimes and murders and wgho they commit them on."
Shame on you, Mr. More, shame on you.
We see things, not as they are, but as we are.
Anais Nin
"Racist? Not likely if you simply look at the statistics of who commits a majority of violent crimes and murders and who they commit them on. This kind of argument is beneath Amy. I am surprised at her.
Though I would say that there is certainly some racism involved in death sentences."
Of course it's racist. Did you not read the article? 41% of people on death row are black in a general population less than 13% black? (Black people commit less than a quarter of the violent crime in society, so the numbers still don't add up).
As for statistics: white people both commit the majority of violent crime and are the most common victims of violent crime in the US (not surprisingly, in a largely-white society). Black people are more likely to be victimized by whites than random probability would suggest, vis vis white people being victimized by blacks, by the way. Most victims of violent crime committed by blacks are other blacks.
Black people commit more violent crime per capita than whites, but for socio-economic reasons, not race; blacks and whites of the same social class commit crime at the same rate. For discussion and explanation, see Tim Wise's excellent article here: http://www.lipmagazine.org/~timwise/colorofdeception.html.
Blacks are also far more likely to be sentenced to death for the same crimes than whites (by a huge margin), so yes, there is a lot of racism involved in the application of death sentences.
Your argument is beneath any non-racist, so perhaps you'd like to reconsider your position. It's no surprise that Amy's passion and logic are flawless here, as they always are.
I called several Georgia offices. So did some of my colleagues. Some of my students took an interest and called as well. Let's hope that sanity prevails.
Sioux Rose
JCLIENTELE: As usual, good reasoning and apt posting.
I'll know I'm living in a just society when in a case like this I see serious criminal charges against the police officers that coerced and intimidated testimony.
It seems like several charges can be found. From obstruction of justice all the way up to attempted murder. After all, if false testimony was coerced and it could lead to the possible execution of an innocent man, isn't that a case of attempted murder?
----------------------------
"To know, and not to do, is not to know"
www.samsonsworld.blogspot.com
PS ... If I was considering "Attempted Murder" charges, then whoever deliberately scheduled his execution BEFORE the Supreme Court hearing on his case should probably be added to the suspect list.
----------------------------
"To know, and not to do, is not to know"
www.samsonsworld.blogspot.com
Thou shall not frickin kill!!!
This is about much more than the death penalty. Carter's quote about this demonstrating serious flaws in capital punishment misses the point altogether that if 7 of 9 key witnesses recanted their testimony, Davis shouldn't even be in jail.
I've heard that in Europe there are actually penalties for corrupt police and prosecutors. Often the innocent are convicted here in this country because of prosecutorial misconduct, suppressing evidence, police perjury, courts using unreliable testimony of criminals in jail who are bribed with leniency, doctored forensics, etc.
Any case resulting in exoneration implies that the police and prosecutors violated the law--and nothing ever happens to them as a result.
Most CEO's of the companies we are bailing out are white. So are the politicians who support war crimes. So who are the biggest criminals in this country?
In a just world, most corrupt CEOs would be getting ready to face the death penalty.
P.S.:
By the way, speaking of punishing CEOs, here's a lesson America could learn from India for a change.
http://www.manufacturing.net/News-Workers-Beat-CEO-To-Death-In-India.aspx
Usually that country is gentle by nature. Maybe the workers got fed up with being abused and written off.
I am not a proponent of the death penalty, and I doubt many would support such for white collar crimes. An angry mob, even a justifiably angry one, did not mete out justice in that instance, Fredrick, they committed second degree murder.
We see things, not as they are, but as we are.
Anais Nin
Even if Troy Davis is found to be completely innocent, and in all probability, he will, if given a fair trial - and - he is freed immediately, Troy Davis will already have suffered the terrible pain of mental torture.
The question is: what shall we do about it? Will we demand retribution from the perpetrators of his unjust incarceration and torture? Will we admonish the over-zealous prosecutor? Fine and imprison those who perjured themselves on the stand?
None of the above should happen. We should once and for all suspend the barbaric practice of the death penalty. For centuries the death penalty has been used to satisfy some perverse sense of revenge by people who are, in reality no better than those they to condemn to death.
There are many people who have angered me in the past sixty years. Some of those people have committed grave injustices. Perhaps if not given twelve seconds to think about it, I too might have even wanted those people to die. Thank God I was always given more than twelve seconds to think about it. In no case would I condemn to death anyone, if given time to think about it.
I've no doubt that in every death penalty case, many people in positions of power were given more than twelve seconds to think about killing another human being, having the same creator as them.
I am trying very hard to understand how one human being can kill another in such a cold-blooded, non-compassionate way.
Let us all hope that we all receive more mercy than we have given others.