- 15/05/01
Europe's
View of the Death Penalty
The
legal drama and publicity surrounding Timothy McVeigh point up a
fact of cultural geography. America and Europe are land masses
separated by both the Atlantic Ocean and enthusiasm for the death
penalty. Americans who travel in Europe, whether as tourists or
ambassadors, marvel at the frequency with which they are called on
to defend the American legal system's reliance on capital
punishment. At least among European elites, the death penalty has
become an even stronger metaphor for America since the nation is
led by a man who presided over 40 executions in 2000 alone and the
government was preparing, until Friday, to carry out on May 16 its
first federal execution in 38 years. The McVeigh saga and the
media's response are "the latest twisted piece of
Americana," according to The Sunday Herald of Glasgow,
expressing a typical view. Such commentary underscores the fact
that the United States, in its belief that execution is an
appropriate punishment, stands nearly alone in the community of
democracies. Felix Rohatyn, ambassador to France during the
Clinton administration, says that every time he gave a speech,
French audiences asked him to defend America's use of the death
penalty - and it was usually the first question asked. European
politicians and intellectuals, who view the death penalty as a
human rights issue, are incredulous that Americans support a
punishment that fails to deter crime, targets mainly those who
cannot afford a decent lawyer, is used on the mentally retarded
and has often gotten the wrong man. America's high execution rate
stands in striking contrast to its history of respect for
individual rights and its role as an international champion of
human rights. The death penalty is becoming a diplomatic
impediment for Washington. Some European countries will not
extradite suspected murderers to America. Capital punishment may
be one reason that Washington's European allies voted against
American membership in the United Nations Human Rights Commission.
Today, the European Union will admit no country with a death
penalty. It was abolished in Germany, Austria and Italy right
after World War II. Later, other European nations gradually
abolished it and signed international treaties that make it
unlikely that the death penalty will be revived there in the
foreseeable future. Surprisingly, public opinion polls show that
the death penalty is still popular in many of the countries where
it is illegal. Support ranges from very low in Scandinavia to 65
percent in Britain. But supporters do not hold their views
strongly. The death penalty is not a subject of ongoing political
debate, in part because European nations do not elect judges or
prosecutors. So most officials who administer the legal system are
not subject to campaign pressures or fears of being depicted in
television ads as soft on crime. These attitudinal differences
have cultural and historic roots. America was shaped by a frontier
culture and an emphasis on individual accountability. We endorse
longer sentences than European nations, which stress
rehabilitation, not punishment. A recent Gallup poll showed that
American supporters of the death penalty do not believe it deters
crime. Almost half of those polled believe in the justice of
"an eye for an eye" and endorse execution as social
vengeance. That view is anathema among Europe's parliaments The
size of the American popular majority supporting the death penalty
changes with the intensity of the public's fear of crime. The more
violent the state, the more likely it is to employ the death
penalty. Shamefully, it is also a shorthand for attitudes about
race relations, an issue that Europe is only now beginning to
confront. The death penalty is most used in the American South,
and is disproportionately applied to those who kill whites.
Certainly, many of the Europeans most scornful of our use of the
death penalty are motivated by resentment of America, not concern
for human rights. Nevertheless, they are seeing a reality to which
Americans seem blinded. In our reliance on capital punishment,
America stands apart from the other progressive democracies.
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