Capital Punishment

by Edward Grabianowski
October 2004

The Issue


Photo courtesy California Department of Corrections
In the United States, public support for the death penalty stands at about 65 percent, though that number drops to 50 percent when the option of life without parole is offered. Although positions on the death penalty can be loosely divided along party lines (Democrats oppose it, Republicans support it), there are several complicating factors. Voters with strong religious convictions, who tend to be Republicans, often oppose the death penalty on religious grounds. Few politicians are willing to absolutely oppose capital punishment, since such opposition is commonly construed by their opponents as being "soft on crime." As a result, even Democrats who oppose it tread very carefully around the issue.

Currently, 38 states, plus the federal government and the U.S. military, can legally execute prisoners. This puts the U.S. in opposition to the growing number of nations that have banned the death penalty, including all of Western Europe, Russia, and much of South America. In terms of numbers of prisoners executed, the top four countries in the world are China, Iran, the United States, and Vietnam.

Badnarik: Position and Record
Few of Badnarik's views on the death penalty have been made public since he was nominated by the Libertarian Party -- his more controversial opinions have been removed from his campaign Web site. However, at one time, Badnarik suggested that, "The best time to administer the death penalty is by the potential victim a few tenths of a second before the crime can be committed" [ref]. That is, citizens should be armed with guns and allowed to shoot criminals.

On the other hand, Badnarik has expressed opposition to death sentences handed out by the government. His stance on crime favors restitution to victims rather than punishment for the perpetrator. He feels that a life sentence is sufficient, provided the criminal actually spends his entire life in jail.

Record:
Since Badnarik has never held a public office, he has no voting record on this issue.

Bush: Position and Record
Bush's position is easy to infer from his term as governor of Texas. He presided over 152 executions as governor, which continued a trend of the south in general, and Texas in particular, leading the nation in executions. In fact, Texas and Virginia by themselves account for more than 87 percent of the executions in the United States since 1976.

Although Texas law prevents governors from commuting death sentences, they can allow a 30-day reprieve, an option Bush used rarely, most notably to delay the execution of Ricky McGinn so DNA evidence could be tested. McGinn was eventually executed. In 2000, Bush said, "To the extent that DNA can prove for certain innocence or guilt, I think we need to use DNA [in death penalty cases]."

Bush has indicated that the death penalty should be used because, according to him, it is an effective deterrent. "That's the only reason to be for it. I don't think you should support the death penalty to seek revenge. I don't think that's right," said Bush at a 2000 presidential debate. "I think the reason to support the death penalty is because it saves other people's lives."

Record:

  • 152 prisoners executed while governor of Texas
  • Opposed hate crimes bill in Texas that would allow execution for hate crimes
  • Granted clemency once, on recommendation from the Board of Pardons and Paroles
  • Opposed efforts to simplify Texas' clemency process

Kerry: Position and Record
Kerry opposes the death penalty, except for terrorists (political analysts have noted that it would be political suicide to even suggest that terrorists shouldn't be executed). He has indicated that, although he understands the human instinct to want revenge, governments should not kill people as part of the justice system. At a 2004 debate, he voiced fears that too many innocent people are on death row, and that the system is too flawed to trust with people's lives.

In terms of specific policy, Kerry would enact a moratorium on federal executions, pending the proper use of DNA evidence to make sure death row inmates are truly guilty. He has also indicated that Osama bin Laden, if caught, should be tried and executed in the United States.

Record

  • 2001 - Sponsored the Innocence Protection Act, which would authorize the use of DNA evidence in death penalty cases
  • 1996 - Voted no to limit death penalty appeals
  • 1994 - Voted no to reject racial discrimination arguments in death penalty appeals
  • 1993 - Voted no to kill an amendment prohibiting the death penalty for minors (in other words, opposed death penalty for juveniles)
  • 1991 - Voted no to reject racial discrimination arguments in death penalty appeals
  • 1991 - Voted no to limit death-row prisoners' ability to seek federal-court review of state-court sentences
  • 1991 - Voted yes to provide life imprisonment as an alternate to the death sentence in certain drug cases
  • 1988 - Voted no to a bill that would allow the use of the death penalty for drug traffickers who were convicted of murder or of ordering a murder

Nader: Position and Record
When asked about the death-penalty issue, Nader prefers to focus on underlying issues of crime and poverty. Like Kerry, he would enact a death penalty moratorium, and he feels that too many innocent people are sentenced to death. He also goes a step further, saying the death penalty is used against a disproportionate number of poor, black, and Hispanic inmates.

Nader feels that crime is not deterred by enforcement or harsh penalties; rather, a healthy economy, social programs such as "Gang Intervention Units," and education are the keys to cutting street crime.

Record:
Because he has never held a political office, Nader has no voting record on the death penalty.

Sources: