Death Penalty Denied

The lead article in today’s New York Times, “Death Sentence in New York Case is Struck Down,” describes a decision by the U.S. Appeals Court to revoke a death sentence decision against Ronell Wilson who had been convicted for killing two undercover New York detectives by shooting them in back of the head.

The reason involved denial of his constitutional rights because the prosecutors faulted him for not testifying — the Fifth Amendment forbids being forced to incriminate yourself — and his demand for a jury trial (Sixth Amendment right).

The article notes that New York State is the toughest jurisdiction to get a death penalty conviction as it has been denied 19 times prior to Mr. Ronell’s case. And, frankly, this is how it should be. Any modern citizen with a modicum of compassion will realize that in today’s society, the death penalty represents cruel and unusual punishment.

Maybe, a century ago, this wasn’t the case, but “cruel and unusual” needs to be taken in context with the world in which we live. Life without parole remains just as punishing a sentence without forcing the state to take a human life, a moral consideration as well.

And with today’s DNA evidence, we are finding more and more instances of incorrect convictions, and you can’t overturn a death sentence after it has been executed.