12 December 05
Cruel and Unusual Punishment
There are more prisoners on death row in California—specifically, in San Quentin, just down the freeway from here—than in any other state. Tookie Williams is scheduled to be executed in three-and-a-half hours, Schwarzenegger having rejected his appeal for clemency.
Granting clemency wouldn’t have meant overturning Williams’ verdict, or letting him go free, or anything like that: it would simply have sent him to a different prison to serve out a life sentence.
Apart from the terrible chance that this man may not have committed the crimes of which he’s accused—and remember, he wasn’t accused of co-founding the Crips, he was accused of murdering four people—I just have to wonder what good executing him will do. It won’t bring back the dead. It won’t make anybody safer. It has cost the California taxpayer hundreds of thousands of dollars to have kept him for 25 years in a maximum security prison designed to hold one-third of its current capacity. The average length of time a death-row inmate has to wait for a lawyer is fifteen years. AVERAGE. I have no idea what that could possibly feel like.
I despair of this, of a culture that can read of this upcoming execution over cornflakes and think nothing of it. It’s a bad night.
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I have been very disturbed by this … beyond words. Living within view of San Quentin, I am also constantly aware of the bizarre juxtaposition of having the largest death row inmate population in a prison in the middle of one of the wealthiest counties in California.
When I try to discuss this with people who live here, it turns out that they think nothing of it, as they are too preoccupied with other things…
Now I don’t have to find the man and kill him myself, I thought.
Whether I would have attempted such a thing, who knows, but an execution can bring a certain measure of relief to people going through almost unendurable suffering—the people who loved the people who were murdered.
As I say, I’m against it, but calling execution murder is just silly, I think. The two actions are completely dissimilar in process, intent, and effect. You end up with a dead body at the end of each one, but that’s about all they have in common. Execution may be wrong, but it’s certainly not murder. It’s a ritual designed to help a wounded community heal. Long-term imprisonment, on the other hand, seems to me to be a ritual designed to ensure that no one ever heals. (One of the reasons I’m against the death penalty is that, as you note, it has in practice turned into a particularly nasty version of long-term imprisonment. If it’s not carried out quickly, better not to carry it out at all.)