The Death Penalty: Fair and Effective in Texas
Author: Morgan Reynolds
Published: The Heartland Institute 03/01/2000
Can there be a crime (or string of crimes) so bad the culprit deserves to die? Thirty-eight states say yes, twelve states answer no. Count me among the majority.
There are a million and one arguments leveled against capital punishment: it's barbaric, racist, unnecessary, and has no deterrent effect, to name but a few of the most common objections.
It's impossible to refute this barrage in a column, so let's look at a concrete case. His name was Larry Robison, a white male, 42 years old. Robison, an ex-carpenter, had 13 years of schooling, no prior prison record, and spent 16 years on death row. He was an attractive-looking guy. His parents had generated some sympathy for their son because he was a former mental patient. They argued that his life should be spared because he didn't receive proper psychological help.
Robison's behavior was extraordinary, alright. Age 24 at the time of the offense, Robison was convicted of stabbing and shooting to death a 33-year-old white man. He also killed four others during the same incident, all white, in two adjacent lake cottages, for a total of five dead. One of the victims, allegedly Robison's homosexual lover, was decapitated and sexually mutilated. Robison fled the scene in a victim's car to Wichita, Kansas after the mass murder.
Court after court found Robison competent to stand trial. He had legal representation for 16 years. A Fort Worth court deemed him competent to suffer his fate as late as last November. He knew the consequences of what he had done, knew that it was wrong, and understood the legal process and his punishment. So what's the problem?
Laws in Texas
One out of every three executions in the U.S. occurs in Texas, by far the leading state for executions, with 37 lethal injections last year and another 13 scheduled through early May this year. As a result, Texas has the system down pat, and has passed scrutiny upon scrutiny, both within the state and outside. I can defend the practice in Texas, but probably not in Illinois, where Governor George Ryan has suspended executions while investigating how 13 men were wrongly sentenced to die.
Seven types of murder can qualify as capital crimes in Texas: murder of a child under six years of age; murder of a public safety officer, firefighter, or correctional officer; murder for hire; murder during the commission of specified felonies such as robbery; murders committed during prison escapes; murder by a prisoner serving a life sentence for any of five offenses; and multiple murders.
All murders are not the same event. Executions are saved for the worst and serve obvious utilitarian ends. Marginal deterrence--signaling--is necessary to discourage marginal harm. Robbers, for example, must be encouraged to leave victims and witnesses alive. Murderers must have an incentive to stop at one life snuffed. Guards need protection from "lifers," and everybody does from prison escapees. We're kidding ourselves if we believe that a life sentence means total isolation from society. Only death offers such separation.
Some acts are bad enough to deserve the death penalty as impartial retribution, pure and simple. Remember Jeffrey Dahmer, that butcher of boys and young men in Milwaukee? No death penalty in Wisconsin, so he got a life sentence from the court. But his fellow inmates gave him a death sentence, killing him in prison. So who was more just, the state or the inmates? I'd say the inmates got it right, even if they took the law into their own hands. Local sentiment varies, but government must take such opinion into account--if too many criminals walk or the system is too soft, people will do the job on criminals that government won't.
Does the death penalty deter? In Texas, the murder rate has fallen over 60 percent since the state started using the death penalty seriously for selected crimes in the 1990s, while the national murder rate fell 33 percent.
Coincidence? Maybe. But the spirit and practice of orderly retribution is a mark of civilization. Societies unwilling to execute their worst criminals expose the low value they place on the lives of victims.