Mark
Bottom of Form / U.S. News & World Report, April 2, 1984 v96 p53(1)
Restore death penalty for major federal crimes? (interviews with F. James Sensenbrenner, Barney Frank)
Full Text: COPYRIGHT 1984 U.S. News and World Report, Inc.
Q Representative Sensenbrenner, why do you favor the Senate-passed bill to restore the death penalty for such federal crimes as treason, espionage and assassination of a President?
A Because the death penalty is an effective deterrent in an age of rising crime. this country should state that certain crimes which destroy the fabric of our society are so horrendous that the death penalty is an appropriate alternative for a judge and a jury to impose. To be a real deterrent, death sentences should be swift and certain, but they should be given on a case-by-case basis.
Q What evidence is there that the death penalty--which exists in 38 states--deters crime?
A It's hard to quantify statistics since there have been very few executions in the United States since the Supreme Court's decision in 1972 that the states and the federal government cannot automatically impose capitalpunishment upon conviction of a crime. However, there is a series of corroborating statistical evidence which indicates, among other things, that one cannot come to the conclusion that punishment in general--and specifically capitalpunishment--does not deter murder. Also, the vast majority of law-enforcement officials, who are in the best position to judge the effectiveness of the death penalty, favor it.
Q Critics say some murders occur in the heat of anger despite the threat of execution--
A Crimes of passion cannot be legislated against. The punishment, however, should be one that fits the crime. Our criminal-justice system has become a revolving-door system that is more concerned with the rights of the defendant than the rights of victims or society as a whole.
Q But isn't there a danger than a person might be executed and later be found innocent of the crime?
A there were some such cases in the early history of the U.S., when executions were far more common and the justice system was far less defendant oriented. However, the standard of proof in a criminal trial--namely, that the person be found guilty beyond a reasonable doubt by a unanimous vote of the jury--makes that possibility extremely slim.
Q Opponents say some suspects can hire expensive lawyers, while the poor and minorities most often und up on death row--
A Under recent Supreme Court rulings, defendants unable to pay for a lawyer have been given competent legal counsel paid out of public funds. So the chance of a conviction resulting from inadequate legal counsel has gone down significantly.
Q Why not imprison murders for life, a punishment that some regard as more severe than the death penalty?
A I wouldn't advocate the death penalty if we had life imprisonment without parole, with persons convicted of a very heinous crime locked up and the key thrown away. but in many instances these people get back out on the streets.
Q Representative Frank, why do you oppose legislation to restore the death penalty for certain federal crimes?
A The death penalty is a bad idea at both the state and federal levels because society is made up of fallible human beings. If we mistakenly impose a death sentence, we can't give back somebody's ife. Within the last year, there have been two cases in Massachusetts and one in New York where people are convicted of first-degree murder and it turned out to be an error. Fortunately, these convictions came in a period when we didn't have a death penalty.
Q Isn't capitalpunishment a deterrent to crime?
A Not compared to life in prison. I doubt if anybody says, "Well, I'm prepared to commit this murder because if they convict me, I'll only spend the rest of my life in jail." People may think they're not going to get caught, or they may not be rational about it.
Q Don't heinous crimes warrant capitalpunishment?
A A so-called neat, surgical murder with a bullet is not really very much worse than an after-the-fact mutilation of the body. People who take other people's lives are vicious people. They ought to be put away from the rest of us. But we ought not to commit an irrevocable act if we can commit a revocable one and accomplish the same purpose.
The effect on society has to be considered, too. Killing of people by soceity itself probably legitimizes violence in the minds of some a little bit more than we should. still another problem is that we do seem to have an element of racial discrimination in imposing the death penalty.
Q What about cases in which someone has been convicted of one murder and then commits another murder while in the penitentiary?
A You can substantially increase the unpleasantness of the confinement in ways that are a serious deterrent.
Q Does killing a police office deserve special punishment?
A Again, it's a terrible thing. We owe policemen full protection. but if you compare the death sentence to life imprisonment without parole, I don't see where there is an added increment of deterrence.
Q But aren't many criminals given parole?
A That is right. Some of those officials who let people out too early are undermining the anti-death-penalty case. I am for much longer senteces. I also support legislation here in Congress that would make it virtually impossible to grant "not guilty" pleas on the ground of insanity.
Q The leadership of the House of Representatives has been accused of blocking the death-penalty legislation--
A Two hundred and eighteen members of the House of Representatives can sign a discharge petition and force a vote on the death penalty. A lot of membes pretend that they are being prevented from voting, but they really don't want to vote on the issue because it's too controversial.
Article A3211436
View other articles linked to these subjects:
Capital Punishment
816 Newspaper references
1564 Periodical references
Capital Punishment - Public Opinion
90 Periodical references
109 other subdivisions
Frank, Barney
45 Newspaper references
154 Periodical references
Frank, Barney - Interviews
2 Periodical references
27 other subdivisions
Legislators
1318 Newspaper references
7102 Periodical references
Legislators - Interviews
217 Periodical references
178 other subdivisions
Sensenbrenner, F. James
1 Newspaper reference