Tag: capital-punishment

The Death Penalty Debate: Kamala Harris and Executions


Five executed in one week. Kamala Harris silent

September 2024

After spending one and a half hours unsuccessfully trying to find a vein, sticking the needle into various parts of his body including arms, neck and feet, they suspended the prisoner upside down for 20 minutes in the hope of finding one but failed to execute him and returned him to his cell. Two years later they used nitrogen hypoxia after which he shook for 2 minutes and after six minutes of gulping, he died. Thus ended the life of Allan Eugene Miller on Thursday last week (26th September).

This is not a description of an execution from some barely civilised country but in USA in the state of Alabama. It was one of 5 executions last week the others being Emmanuel Littlejohn; Travis Mullis; Marcel Williams and Freddie Owens.

The case of Marcel Williams, 55, is particularly troubling since he was almost certainly innocent. Despite copious blood at the scene, none matched his DNA. Key evidence was either lost or destroyed. Witnesses had an incentive to give false evidence to receive a $10,000 reward.

Republican prosecutors seemed to have become more aggressive in pushing for the ultimate penalty. This may be linked to current politics and ‘Make America Great Again‘ rhetoric from Donald Trump. During his time as president, he altered the composition of the Supreme Court which now has an ultra-right super-majority.

Anyone who has followed Clive Stafford-Smith or read his books will know the process is far from perfect in many states in the Union. Poor trial procedures, withheld evidence, packed juries and defendants represented by inexperienced lawyers are not at all unusual. Many states have abandoned the death penalty but a number still keep it of which Alabama is one. It is no accident that despite only representing 13% of the population, 34% of black people are on death row.

There are many who believe the penalty is a deterrent. The problem of course is that mistakes cannot be put right. As the Death Penalty Information Center points out, since 1973, 200 former death row prisoners have been found innocent of all charges.

The issue has become a political one. It has been noted that Kamala Harris, the deputy president standing for election to become the president this November, makes no mention of abolition in her speeches or literature. She opposed the penalty in 2019. However, the promise to do so has not survived. This shift partly results from a change of mood following some high profile police murders. Trump is solidly in favour as part of his ‘tough on crime’ policy. There is a lot of discussion in the American press and there are suggestions that such a principled stand was not popular even with fellow Democrats.

Sources: Death Penalty Information Center; Washington Post; The Guardian; NBC; Amnesty International; Mother Jones.

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Celebration – of sorts


Hakamada Iwao acquitted after 56 years in prison

September 2024

We tend to think of Japan as a modern democracy and a sophisticated society having cast off the problems of its warlike past. It is a G7 nation and enjoyed a post war boom leading to considerable commercial success. But there are elements of the society which have not changed one of which is the legal system.

Japan still has the death penalty a particular cruel feature of which is that prisoners do not know of their execution until a few hours before it takes place.

The news that the Appeal court in Japan has declared Hakamada Iwao as innocent has been a long time in coming – 56 years in fact. Hakamada was convicted of murdering his boss in 1966. He spent a staggering 46 years on death row. Much of it was in solitary. The only problem was that he is almost certainly innocent. Key evidence was fabricated. He was forced to sign a confession after 20 days of intense interrogation and beatings by the police. He was not allowed a lawyer.

Bloodstained clothing – a key element in the prosecution’s case – turned out not to be Hakamada’s blood. It may have been planted. There are many things wrong with the whole process and further details can be found on the background provided by Amnesty. The role of the police was a key part of the miscarriage of justice. This led to probably the longest death sentence ever. Historically, this was a familiar story in the UK with forced confessions after long hours of interrogation. It led to the introduction of PACE which has led to improvements in police practice here.

One of the problems is the attitude of the Japanese public. It is reported that 80% of the Japanese are in support of the penalty. It is unlikely therefore that change will happen quickly.

Although it is encouraging to see Hakamada exonerated from this crime, the case raises several concerns. The use of the death penalty which, had he been executed, would have resulted in the state killing an innocent man. As in all these cases of police coercion, the real killer(s) have never been found or prosecuted. It also reveals a legal system which seems amazingly slow both to act and ultimately acquit. It also seems reluctant to admit mistakes. Finally, his treatment in prison with years spent in solitary confinement are unreasonably cruel. Altogether, this does not reflect well on the Japanese state.

The local group has campaigned for many years and it is gratifying to see some kind of justice at last for this man.

Sources: Amnesty, Guardian, BBC

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Alabama’s third execution this year


Many troubling aspects to this case. Urgent action with full details available here

July 2024

Keith Gavin is scheduled to be executed in Alabama next week on 18 July 2024. He was convicted in 1999 of a murder committed in 1998 and sentenced to death on a jury vote of 10-2 for the death penalty. In 2020, a federal judge found that his legal representation at the sentencing phase had been constitutionally inadequate, but in 2022 the Court of Appeals reversed this decision. International legal standards require that anyone facing the death penalty be provided effective legal assistance at all stages of the case. This standard was not met. We urge the Governor to commute this death sentence.

There are a number of troubling aspects to this case not least the poor and ill-prepared defence (defense) he received. After the trial, appeal lawyers discovered much mitigation evidence not heard by the jury, including multiple psychological risk factors from Keith Gavin’s childhood and adolescence, including his exposure to violence at home and in the community. He was one of 12 siblings growing up in a dilapidated apartment in Chicago’s notorious public housing projects; his closest siblings all had histories of incarceration and drug dependencies. He was subjected to more paternal beatings than the others because he “accepted responsibilities for things he had not done because he felt he was strong enough to accept the whippings”. Outside the home, the exposure to violence took the form of pervasive gang activity. Seven of the 12 children ultimately joined gangs, and several became victims of gang violence.

The Governor of Alabama said “Although I have no current plans to grant clemency in this case, I retain my authority under the Constitution of the State of Alabama to grant a reprieve or commutation, if necessary, at any time before the execution is carried out,” Ivey said in her letter to Alabama Department of Corrections Commissioner John Hamm. (Source: Montgomery Advertiser)

Full details of this case can be accessed here and we urge those reading this to write to the Governor (model letter available) as soon as you can. The US is the only country in the Americas to retain the death penalty.

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