Chicago Sun-Times

USA: High court justice: U.S. would be better off without death penalty

U.S. Supreme Court Justice John Paul Stevens told a convention of lawyers and judges in Chicago, "I think this country would be much better off if we did not have capital punishment."

Stevens still thinks the death penalty is constitutional.

"But I really think it's a very unfortunate part of our judicial system and I would feel much, much better if more states would really consider whether they think the benefits outweigh the very serious potential injustice, because in these cases the emotions are very, very high on both sides and to have stakes as high as you do in these cases, there is the special potential for error," he said.

Stevens and fellow high court Justice Stephen Breyer spoke in a "fireside chat" to hundreds of lawyers and judges who practice in federal courts in Illinois, Indiana and Wisconsin.

The Supreme Court ruled the death penalty unconstitutional in 1972, then reinstated it in 1976.

Stevens authored a 6-3 opinion 2 years ago prohibiting the death penalty for mentally retarded people, citing the number of countries and states that had done so.

"We cannot ignore the fact that in recent years a disturbing number of inmates on death row have been exonerated," Stevens wrote.

Death penalty proponents accused the majority of basing their decision on public opinion and their personal views.

Stevens' statement at the 7th Circuit Bar Association dinner in Chicago on Monday appears to be the most pronounced statement against capital punishment made by a Supreme Court justice since the late Harry Blackmun wrote in 1994: "From this day forward, I no longer shall tinker with the machinery of death."

Richard Dieter, executive director of the Death Penalty Information Center, welcomed Stevens' statement, saying, "I don't necessarily read that he's going to vote against the death penalty in every case that comes before him, but it is significant nevertheless: It's unusual for justices to let their personal views be known on any issue that comes before the court. But it's coming to a head in the court. The juvenile cases are coming up in October. It's on their minds."

Breyer declined to give his take on the death penalty, saying: "Every case that we have in the criminal area I think raises serious difficulties about the criminal process and we try to solve them. A lot is up to the legislatures. A lot is up to the prosecutors. A lot is up to the defense bar."

CHICAGO - Supreme Court Justice John Paul Stevens (news - web sites) says that he believes the death penalty is constitutional, but that the country would be better off without it.

Stevens, 84, said he would feel much better if more states would "really consider whether they think the benefits outweigh the very serious potential injustice, because in these cases the emotions are very, very high on both sides and ... there is the special potential for error."

Steven's comments appear to be the most pronounced statement a Supreme Court justice has made against the death penalty in years. He has raised objections to the death penalty before, but mostly in written opinions.

"I think this country would be much better off if we did not have capital punishment," Stevens told hundreds of lawyers and judges Monday night at the 7th Circuit Bar Association dinner.

He also called the death penalty "an unfortunate part of our judicial system." Supreme Court Justice Stephen Breyer who also attended the dinner, declined to comment on the matter.

The high court ruled the death penalty unconstitutional in 1972, then reinstated it in 1976. Stevens, the court's oldest member, joined in 1975.

In recent years, he has gone on record with misgivings about executing juvenile offenders and foreigners who were never told they could meet with consular officials to prepare their defense.

In a series of cases this year, Stevens and Justices David H. Souter, Ruth Bader Ginsburgand Stephen Breyer have sought to delay executions of convicted killers who claimed it was unconstitutionally cruel to use chemicals to carry out capital punishment.