Book Excerpt: The Autobiography of an Execution

From The Autobiography of an Execution, by David R. Dow:

"What [Clarence] Darrow understood is that our system of capital punishment survives because it is built on an evasion. It permits everyone to avoid responsibility. A juror is one of twelve, and therefore the decision is not hers. A judge who imposes a jury's sentence is implementing someone else's will, and therefore the decision is not his. A judge on the court of appeals is one of three, or one of nine, and professes to be constrained by the decision of the finder of fact,and therefore it is someone else's call. Federal judges say it is the state court's decision. The Supreme Court justices simply say nothing, content to permit the machinery of death to grind on with their tacit acquiescence.

Darrow didn't let them hide. He demanded that people who uphold the law take responsibility for their actions, especially when those actions are momentous. I think he was right. Jurors and judges who send someone to the gallows should be required to witness their deed and observe the execution. Every court of appeals judge who upholds a death sentence should have to visit death row and deliver the news personally. Supreme Court justices who refuse to grant a death-row inmate a stay of execution should have to deliver the news face-to-face to the inmate as he waits in the holding cell eight steps down the dank hall from the execution chamber, instead of having one of their law clerks call the inmate's lawyer. If we are going to execute people in our society because we believe that it is an appropriate punishment for people who callously and irresponsibly take another's life, then the people with the power not to execute ought to take responsibility themselves for imposing the punishment, or at least not negating it. It's easier to kill somebody if it's someone else's decision, and if somebody else does the killing. Our death-penalty regime depends for its functionality on moral cowardice."