Does American justice fit with our expectations of an advanced nation?

By Lucette Davies

Shortly after midnight on Thursday a massive dose of pentobarbital was injected into the veins of Gregory Russeau as he lay strapped to a gurney in a Texas jail.  He spoke to Channel 4 News shortly before his execution and said he was ready to die. The madness, the sadness and the humiliation of life on death row was soon to be over for a man who claimed he was innocent.

Image by Ken Plorkowski (view license details)

The American Dream is a set of ideals in which freedom includes the opportunity for prosperity and success with upward social mobility achieved through hard work and opportunities for all regardless of social class or circumstances of birth.  Yet for every 35 American adults one of them will be in a prison, and social class is understood to hold the reins on who is executed in the States where the death penalty exists.  Looking at the American justice system I find it very hard to believe in the American Dream.

We have all heard of the many heinous crimes that occur in America, most notably the school shootings that hit the headlines from time to time.  I can’t imagine how I would feel if I had any sort of connection to people who fell victim to horrific crime.  Anger, outrage, seeking revenge are all possible reactions from people whose intense emotions are clouding their judgements.  But a justice system has to do more than  just seek revenge.  I am frequently shocked to see relatives of victims in American murder cases almost seeping with a lust for the suffering of the accused.  I sometimes wonder if politicians are imposing the death penalty feeling it will secure their next election from the revenge hungry people of their state.  Is the idea that shootings could be reduced by changing gun laws too bloody obvious?

In Oklahoma State, following the botched execution of Clayton Lockett that saw him writhing in agony for 43 minutes after the lethal injection was administered, three death row inmates are taking the case for the lethal injection to the Supreme Court.  The  three inmates are claiming that the use of the lethal injection that Oklahoma State uses goes against the US Constitution that bans cruel and unusual punishment.  The Supreme Court will be looking at whether the lethal injection is a ‘humane’ method of killing.

The case in America’s Supreme Court brought by death row inmates: Richard Glossip; John Grant and Benjamin Cole is thought to be inspiring America to look closely at the use of the death sentence in any State.  Richard Glossip has his own website which sheds some light on to the point of view of a person on death row. Since the  EU placed a ban on pharmaceutical companies supplying drugs for use in executions States are known to have experienced some difficulties in obtaining the drugs they need for lethal injections.  It has been claimed that States have been ‘experimenting’ with different drugs and with different doses resulting in botched executions. But this has opened up a wider debate about the ethics of the death sentence per se.  The governor of Oklahoma State has recently signed a law allowing the use of nitrogen gas in executions if drugs cannot be obtained or if the Supreme Court rules against their use.

The American Dream talks about freedoms a lot, the freedom to do what you want with little state interference.  But that includes the freedom to own a gun for many in America.  A freedom that denies others their freedom to simply live, or live without  trauma.

So what is justice?  Justice  involves punishing the guilty and  removing a person from society if necessary until they have been rehabilitated.  But justice cannot be an emotional reaction that seeks revenge.  The American Dream talks about equality for all but in capital cases there is very little equality to be seen.

A defendant with a low income who faces a death sentence in America has to rely on public attorneys who are not adequately qualified  (There is a bill in Congress that would regulate state standards of appointed defence attorneys in capital cases).  A defendant is much more likely to be sentenced to death if they are from a lower social class and poorly educated.  There are also concerns about issues surrounding racial equality and the death sentence.

Many people will talk about the death penalty and say that these people do not have the right to live.  But does the state have the right to kill?  Somehow when the law allows the state to kill,  any messages about why murder is so wrong will be clouded.

Many people will say: “Why should the State have to fund the lengthy incarcerations of extremely violent criminals if they are not executed?”  However it is worth noting that Texas spends an estimated $2.3m on each death row case.  When so much money is being spent on the death sentence and on incarcerating large numbers of people in prisons there is less money available for the police to fight crime and stop it happening in the first place.

But does the death sentence work  to reduce crime?  Many people  would argue that having the death sentence would make people think twice before committing murder.  But figures show that in America the States that have the death sentence have consistently shown a higher murder rate than the States without the death sentence.

There are people with extreme mental illness on death row and  10% of death row inmates have learning disabilities in America.  Since 1973, children (under 18s) have made up 160 of those sentenced to die. Where is the morality in this?

Geregory Russeau had claimed he was innocent but was still saying he was ready to die.  Death was preferable to the conditions on death row.  But had he lived, he at least would have a chance of his conviction being overturned.  Miscarriages of justice will happen, they happen everywhere but in America when an innocent person is executed it is akin to murder.  This article makes interesting reading for anyone interested to know how common it is for an innocent person to be put to death in America.

As I write this it is hard to keep remembering that America is supposedly an advanced nation that respects human rights.  It could easily be claimed that the American prison system is denying people their rights. Women in American prisons may be denied the right to have an adequate supply of sanitary items during their menstrual period.  Most American prisons will have harsh lighting  that is left on day and night.  Many  people are kept in solitary confinement for years and this practice is also inflicted on children. Seeing American prisoners shackled as they walk looks like something from a bygone era.  It is hard to believe that in a modern society this can still happen. This link will give more information about the conditions in America’s SuperMax prisons

American prison sentences are lengthy, very lengthy.  More than 95% of cases end up  with a plea bargain where the defendant will agree to plead guilty in return for having a reduced sentence.  But how many of those who accept a plea bargain are actually guilty?

The justice system of any state is expensive.  Unfortunately in any society there will always be crime committed and the state has a duty to do its best to prevent that happening and deal with it when it does.  However good the state justice system is, crime will happen, always. But any nation that calls itself ‘advanced’ has to respect human rights, all human rights.

Every country needs to decide on what is morally right and wrong in terms of how justice is delivered.  Decisions like this need to be removed from the emotions we all  feel when hearing about any crime or atrocity that is committed. Moral and ethical wrongs are always wrong, not just sometimes, or when we feel like it.  These are difficult decisions and there is no perfect answer but it is imperative that every state does its best.

The American Dream talks about giving chances and opportunities to all.  The American justice system is often denying their prisoners the chance to be rehabilitated and return to society and live in a way that may even make amends for the wrongs they have committed. This is abusive and an abuse that is often not metered out across the population equally. I watched as Gregory Russeau’s mother spoke on Channel 4 News and remembered that the death sentence inflicts a lot of unnecessary pain on the relatives of the executed.

Gregory Russeau thanked his family for being there when he was executed but also said that no-one will get justice and no-one will get peace.  Although he has now been killed the family of the 75 year old who he was convicted of killing are still having to mourn his death.