Death
Row and DNA
FRANK
LEE Smith was sent to death row 15 years ago for the rape, beating
and murder of an 8-year-old girl named Shandra Whitehead. He was
convicted on the testimony of three witnesses. The strongest of
these witnesses later recanted and said she was pressured by police
to finger Mr. Smith. This week DNA testing cleared him. But the
exonerated man will not join the growing list of wrongly condemned
people belatedly released from death row. He died of cancer 11
months ago, after 14 years in prison. The case reveals again the
grave flaws in our death penalty system. Before the state knowingly
kills someone, it ought to want to be certain of guilt--and
proponents of the death penalty, President-elect Bush among them,
too often display a sunny confidence in the justice system's
adequacy to attain that certainty. Yet as the growing body of DNA
exonerations illustrates, true certainty is elusive.
The
newfound enthusiasm among some capital punishment supporters for
DNA testing is welcome, but it is also an inadequate response to
the systemic failures that lead to wrongful convictions. DNA
testing provides a powerful investigative and evidentiary tool for
police and prosecutors, and it retroactively vindicates some
wrongly convicted individuals. But not all crimes leave testable
materials, nor are samples always adequately maintained. DNA
testing can never, in other words, serve as a surefire stopgap. It
offers, rather, a window on the system's performance, and the view
through that window has not been pretty.Through a combination of
shoddy trial counsel, improprieties by police and prosecutors, and
inevitable human error, people are erroneously sent to death row.
At the point of execution, the justice system makes a decision to
bury any residual doubts and whatever remaining questions a
particular conviction might present. But the system will never be
as infallible as capital punishment is irreversible. With its
failures now so evident, those who would be executioners ought to
display more humility.
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