Death Penalty

A Philadelphia abortion doctor convicted of first-degree murder in the deaths of three babies will not face the death penalty.

Dr. Kermit Gosnell will serve life in prison without parole. He escaped the possibility of execution by agreeing Tuesday to waive his right to appeal his conviction of first-degree murder in the deaths of three babies. A jury on Monday found they were delivered alive and killed by snipping their spinal cords with surgical scissors.

During his trial, former employees of Gosnell’s rundown west Philadelphia clinic testified that he performed or tried to perform abortions beyond Pennsylvania’s 24-week gestation limit. Some procedures resulted in the birth of babies who appeared to be moving, breathing, and in one case, according to former employee Ashley Baldwin, “screeching.”

NAIROBI, Kenya — Nobel Laureate Archbishop Desmond Tutu on Tuesday urged Uganda to scrap a controversial draft law that would send gays and lesbians to jail and, some say, put them at risk of the death penalty.

The Anti-Homosexuality Bill is expected to become law after Parliamentary Speaker Rebecca Kadaga offered it to Ugandans as a "Christmas gift." The bill is believed to exclude the death penalty clause after international pressure forced its removal, but gay rights activists say much of it is still horrendous.

“I am opposed to discrimination, that is unfair discrimination, and would that I could persuade legislators in Uganda to drop their draft legislation, because I think it is totally unjust,” Tutu told reporters here on Tuesday at the All Africa Conference of Churches meeting.

The Ugandan Parliament has re-introduced a draconian anti-LGBT bill that has received widespread international criticism. Under this bill, first introduced in 2011 and re-introduced earlier this year, the government would prescribe the death penalty to all LGBT people and those that provide them with housing and resources.

The bill is expected to pass before the end of this year; its champions call it a “Christmas gift to the Ugandan people.”

In the face of this hatred, I am glad to work for Sojourners, which earlier this year signed on to the following statement along with other Christian groups:

Our Christian faith recognizes that all human beings have been created in the image and likeness of God, and Christ teaches that we are to love our neighbors as ourselves. All acts of bigotry and hatred betray these foundational truths … Regardless of the diverse theological views of our religious traditions regarding the morality of homosexuality, the criminalization of homosexuality, along with the violence and discrimination against LGBT people that inevitably follows, is incompatible with the teachings of our faith.

EARLY IN J.R.R. Tolkien's The Fellowship of the Ring, Gandalf the wizard is talking with the hobbit Frodo Baggins about the dreadful Gollum. The frightened Frodo expresses his regret that his uncle Bilbo had not killed "that vile creature, when he had a chance!"

Because of "all those horrible deeds" that Gollum has done, Frodo adds, "He deserves death." Gandalf replies, "Deserves it! I daresay he does. Many that live deserve death. And some that die deserve life. Can you give it to them? Then do not be too eager to deal out death in judgment. For even the very wise cannot see all ends. I have not much hope that Gollum can be cured before he dies, but there is a chance of it."

I do not know where Tolkien stood on the issue of capital punishment, but Gandalf offers theologically relevant points about innocence, guilt, judgment, and hope that Christians should seriously consider as heated debate continues about the morality of this lethal governmental practice.

While a majority of Americans still view capital punishment as morally justified, there is growing opposition to it. Indeed, the number of death sentences dropped to a 35-year low in 2011, and the annual number of executions since 1999, the year in which the most persons were put to death, has with a few exceptions continued to decrease. Seventeen states have abolished capital punishment, including Connecticut, which outlawed the death penalty on April 25, 2012, for any future crimes committed. In 2012, 12 states had active legislation to end it. Why?

Much of the rethinking, even among "law-and-order" conservatives, centers on 1) mistakes that may lead to wrongful convictions and the executions of innocent persons, 2) unfairness in its application, especially in connection with racial and economic biases in society and in the criminal justice system, 3) data that call into question whether capital punishment is an effective deterrent to violent crime, and 4) the high costs for states (and therefore for taxpayers) to implement it (see box on facing page).

While the empirical studies and criminological research are very important, for Christians it is the theological and biblical framework that should ultimately determine our stance on this contentious issue.

RICHARD VIGUERIE is as responsible as anyone for the success of the conservative movement in this country. A pioneer in political direct mail, Viguerie has been involved from the radical edges of the Right in every Republican campaign from Goldwater to Romney; he's been called the "funding father of the conservative movement." He helped start hundreds of entities from Conservative Digest to Gun Owners of America, from the National Conservative Political Action Committee to the Moral Majority—spanning the political spectrum from Right to Far Right. Just before the 2012 election, he launched MyOwnSuperPAC because of "frustration at how weak and ineffective the Romney campaign's ads have been with its soft approach to Barack Obama—hardly ever mentioning Obama's radical, neo-Marxist vision for America's future," and insisting that "Obama is NOT failing. He's succeeding at doing exactly what he set out to do—and that's destroy capitalism and destroy the America you and I grew up in." So no one is going to mistake Viguerie for a squishy liberal.

And yet Viguerie's Catholic faith has led him to a surprising position on the issues of capital punishment and prison reform. The conservative icon talked with Sojourners editor-in-chief Jim Wallis in September about why he thinks an unexpected Left-Right alliance might turn the tide against the death penalty.

Jim Wallis: As you and I both know, we're often stuck in political straitjackets. There are issues that we could work together on, particularly as people of faith, that would help politicians do better than they sometimes do. I'd like to start with this: You've said that, as a Catholic, you're against the death penalty. Why is your faith as a Catholic central to this, and how has that turned you against the death penalty?

Richard Viguerie: My own road to Damascus on this issue came many years ago. When I was a young Republican in Houston in the late '50s and early '60s, I was a very hard-core, law-and-order type: "lock 'em up, throw the key under the jail so they never get out." In those days, law enforcement agencies were kind of immune from criticism. Over a period of time, I and many other conservatives have been disabused of the fact that people in law enforcement are above any mistakes or abuse of power.

October was Interfaith Month for Prop 34, a time set aside for leaders of faith traditions to address the question of California’s death penalty and advocate for its replacement. Hundreds of faith community’s have endorsed Proposition 34 because we believe the best way to do justice in California is to replace the death penalty with life in prison with no possibility of parole. 

The will to see justice done is deep within the human spirit. We may not always agree on what “justice” looks like, but the belief in a just and fair society — and the desire to bring it about — are at the heart of how we live together and form a community. In religious traditions like Christianity, Islam, Judaism, and countless others, doing justice is a calling to enact God’s will.

The next question is, of course, what does that mean? Discerning justice can be even harder than doing justice. 

In 2009, after moving to Southern California, a neighbor, Tom Rotert, who is an attorney, asked about my reporting on wrongful convictions and wrongful executions while I was at the Chicago Tribune.

I explained that along with my fellow reporter Steve Mills, we had documented numerous wrongful convictions in Illinois and the executions of two innocent men in Texas — Carlos DeLuna and Cameron Todd Willingham.

 “You know who the ultimate wrongful execution is, don’t you?” Rotert asked. “It was Jesus Christ. They killed the son of God.”

The crucifixion of Jesus Christ doesn’t come up very often in discussions about wrongful convictions in America, but as California voters prepare to go to the polls to vote on Proposition 34 which would ban the death penalty in this state, two lawyers — one from Chicago and one from Minneapolis — are doing exactly that.

I had a veteran friend once tell me, “The biggest lie I have ever been told is that violence is evil, except in war.”  He went on, “My government told me that.  My Church told me that.  My family told me that. … I came back from war and told them the truth—‘Violence is not evil, except in war… Violence is evil – period.’” 

Every day it seems like we are bombarded with news stories of violence—a shooting in Colorado, a bus bombing in Bulgaria, drones gone bad and the threat of a nuclear Iran, a civil war in Syria, explosions in Afghanistan and Iraq.  

The recent cover story of Time magazine was "One a Day," showing that soldier suicides are up to one per day, surpassing the number of soldiers who die in combat. The U.S. military budget is still rising—more than $20,000 a second, more than $1 million a minute, spent on war even as the country goes bankrupt.  

Our world is filled with violence—like a plague, an infection, a pandemic of people killing people, and people killing themselves. In my city of brotherly love, Philadelphia, we have nearly one homicide a day—and in this land of the free we have more than 10,000 homicides per year.  

This week President Barack Obama called the shooting in Colorado “evil.” And he is right.  

But perhaps it is also time that we declare that violence is evil, everywhere—period.  It’s obvious that killing folks in a movie theater is sick and deranged, but the question arises: is violence ever okay?

The campaign to abolish the death penalty has been freshly invigorated this month in a series of actions that supporters say represents increasing evidence that America may be losing its taste for capital punishment.

As early as this week, Gov. Dannel Malloy, a Democrat, is poised to sign a bill repealing the death penalty in Connecticut. A separate proposal has qualified for the November ballot in California that would shut down the largest death row in the country and convert inmates' sentences to life without parole.

Academics, too, have recently taken indirect aim: The National Research Council concluded last week that there have been no reliable studies to show that capital punishment is a deterrent to homicide.