[Editorial]  Stop the Injustice of ‘Justice’

February 8, 2012

Nothing brings the inequality and foibles of our justice system into stark relief like an upcoming execution. As lawyers battle over last-minute efforts to save a human life, it's impossible not to weigh one man's sentence of death against others who receive lesser sentences—or even pardons—for equivalent crimes.

In Mississippi, as in every other state in the land, justice is unequally meted out. Whether a murderer gets a sentence of several years, life or the death penalty is dependent on many factors: Can he or she put the blame on someone else and cut a deal with the prosecution? Can the perpetrator afford a top-of-the-line attorney, or will he depending on an overworked or inexperienced public defender? Is the defendant able to assist with her defense, or is she mentally unable to grasp the significance of her decisions? Will he or she plead guilty because lawyers offer no other option?

After the verdict comes in, in today's legal climate, it's not enough to show that an attorney or judge made errors in a case to make a successful appeal. The errors must be so egregious that, as one attorney recently told us, "you have to beat them by two touchdowns."

Convicts in Mississippi, like most states, can appeal to the governor for clemency, such as a reduction in sentence or outright pardon. Because the fact of innocence alone is not enough to warrant granting an appeal, the governor's powers of clemency is a crucial part of the judicial process. In some cases, it is the last and only option a defendant has left.

Regardless of whether someone can prove he or she has not received a fair trial, an execution makes the entire argument moot. Once the doctor puts the lethal drugs into a convict's veins, the option of reprieve is off the table.

That's why, in 2003, Illinois Gov. George Ryan commuted the sentence of all 167 of that state's death row prisoners. "Our capital system is haunted by the demon of error—error in determining guilt, and error in determining who among the guilty deserves to die," Ryan said in a speech.

Lawyers are trained to be right. They are trained to advocate for their client regardless of guilt or innocence or the righteousness of their prosecutions. Innocent people like Cedric Willis pay the price of overzealous prosecutors who can't deal with losing. (Willis spent 12 years behind bars for a murder he didn't commit.)

Perhaps, people die because the legal system can't come to grips with a judicial system that is, at its core, more concerned with minutiae than actual issues of what's right, wrong or fair. Lawyers, judges and juries are fallible. The sooner we acknowledge that, the sooner we can begin to fix our broken justice system.

Speak out for Edwin Hart Turner's clemency (see page 6) by calling Gov. Phil Bryant's office at 601-359-3150.

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