The Death Penalty And The "Big Lie" Of Victim Closure
By Mary Hamer
27 February, 2013
Countercurrents.org
*PURPOSE: The purpose of this essay is to Explore whether Killing Offenders with the Death Penalty gives “Victims Closure”?
*KEY SECTIONS: The Key Sections of this paper are: I. Evidence that Victims want to Kill Offenders for Revenge? II. The Death Penalty is about Hate & Revenge. III. 3 rd Party Agendas for the Death Penalty. IV. California Crime Victims' Opinions. V. The "Big Lie" of Victim Closure. VI. Mercy for Offenders. VII. Understanding the Root Causes of Violence. VIII. Solutions.
I. EVIDENCE?: Does Killing an Offender with the Death Penalty offer Victims Healing from their Anger & rage? Dahlia Lithwickof the Washington Post asks: “What's the Empirical basis for the Government(‘s) assumption that all, or even most victims of (a) terrible tragedy will find "Closure" through … Executions?” “ In a …1985 law review article, law professor Lynne Henderson examined the relationship between Victims' rights and criminal justice policy. … Henderson 's research reveals that ‘common assumptions about crime Victims -- that they are all ' outraged ' and want revenge and tougher law enforcement -- underlie much of the current victim's rights rhetoric. But in light of the existing psychological evidence, these assumptions fail to address the experience and real needs of … victims.” (1) It is important that the Criminal Justice system base it's actions on Evidence & Facts – rather than assumptions, irrational thinking & biased agendas of Judges, Attorneys & the Police.
II. The DEATH PENALTY is about REVENGE & HATE:
A. Murder Victims' Families for Human Rights is an International, non-governmental organization of family members of murder victims and family members of the executed, all of whom oppose the death penalty in all cases. We view the death penalty as a profound violation of Human rights.
* Bud Welch , whose daughter Julie Marie was killed in the Oklahoma City bombing, states: "The Death penalty is about Revenge and hate, and those are the very reasons my daughter Julie and 167 others are dead today." (2) If Hate & Revenge are the root cause of Violence including Executions, then why does the US Government support the Death Penalty?
III. 3 rd PARTY AGENDAS & VICTIMS Punished for being ANTI-Death Penalty.
A. “ The survivors of the Oklahoma City bombings who didn't want to see McVeigh executed were N ot permitted to offer Victim impact statements.” (3)
B. “Bruce Shapiro pointed out in a 1997 essay in Salon (magazine): The terror trial that made "Victim closure" a national buzzword was structured such that "any victim or relative who wanted to play a part in the Sentencing phase of the trial -- first had to pass a D eath-penalty loyalty test." (4) *Questions: What 3 rd Parties are imposing Death Penalty values on the Criminal Justice system? Who in the Criminal Justice system is refusing to allow Victim Impact statements to those who are against the Death penalty? Who is demanding that Victims in Trial sentencing phases pass Death penalty loyalty tests? It is important that Judges , Attorneys & the Police be Accountable for their actions, including any impartial rules that they impose upon the Justice system.
IV. CALIFORNIA CRIME VICTIMS & ALTERNATIVES to the DEATH PENALTY.
The “Big Lie” of “Victim Closure”.
*“California Crime Victims for Alternatives to the Death Penalty (CCV) is made up of Families, friends, and loved ones of Murder victims who support Alternatives to the Death penalty.” Here are some of their comments regarding “Victim Closure”: (5)
A. “ The Death penalty is often justified in the name of the victims' families. Advocates claim that it will bring justice and closure. However, true justice is something we can never achieve, as we can never have our daughter back. In our view, the lengthy process of trials, appeals and anticipated execution would only impede coming to terms with our horrible loss. If closure means healing, that healing must come from within, not from the fate of the murderer.” *Amanda & Nick Wilcox, Penn Valley , Calif. Their 19-year-old daughter, Laura, was killed while home on winter break from college.
B. ”I struggled for many years through grief, anger, rage, and lust for revenge. I believed the ‘Big Lie' given to me by the district attorney that I would be Healed by the Execution of the man responsible for all my grief and pain.” * Aba Gayle. Her daughter, Catherine, was murdered in 1980, at the age of 19. Catherine's murderer is on Death Row in California .
C. “I tell people that Terrell's killer is a victim too—a victim of a culture that lacks compassion. ou can only kill someone if you have a callous heart, so I want to know why this young man had such a callous heart. It's not enough simply to catch him and throw him away.” * Aqeela Sherrills , Los Angeles , Calif. His son, Terrell, was 18 when he was shot and killed while at home on break from his first semester at Humboldt State University .
D . “The death penalty can only enhance the pain and suffering of those left behind. If we are to create a safer world and stronger economy, the emphasis should be on Violence Prevention, Education, Conflict resolution, and Youth employment. While it is best for the overall community that the murderer gets life without parole, it has never crossed my mind to add to his family's pain by seeking the death penalty.” * Lorrain Taylor , Oakland , Calif. Her twin sons, Albade and Obadiah, were murdered in 2000 at the age of 22. Their cases were never solved. (5)
V. The US GOVERNMENT's Focus on KILLING Rather than on the VICTIMS.
*” Vicki Schieber, the mother of Shannon Schieber, a Wharton Business School student murdered in 1998 by a serial rapist, testified before the U.S. Senate's subcommittee on the Constitution, civil rights and property rights. …She told the committee: "The word Closure is invoked so frequently in discussions of victims and the death penalty that victims' family members jokingly refer to it as 'the C word.' But I can tell you with all seriousness that there is No such thing as closure when a violent crime rips away the life of someone dear to you." Schieber testified that (the) single-minded Government focus on Executions shifts the focus away from other, more meaningful legal reforms that might better honor Victims and support their families.” (6)
VI. MERCY & FORGIVENESS for OFFENDERS:
A. Mercy: Regarding the 9/11 revenge shooting spree & killing by Mark Stroman, “The lone survivor, Rais Bhuiyan, unsuccessfully sued to stop the execution, saying his Muslim beliefs told him to FORGIVE Stroman.” “Bhuiyan … asked the courts to halt Stroman's execution. The native of Bangladesh and a former convenience store worker lost the sight in one of his eyes when Stroman shot him in the face.” "Killing him is not the solution," Bhuiyan said. "He's learning from his mistake. If he's given a chance, he (will be) able to reach out .. and spread that message to others." (7)
B. Forgiveness: Scott Shafer interviewed Gayle Orr (Aba Gayle) RE the Death Penalty in 2002; Here is a review of that interview: “In 1980 Orr's 19-year-old daughter was stabbed and killed near Auburn . Her daughter's murderer was tried, convicted and sentenced to death. Orr entered what she calls a “period of darkness” during which she felt isolated and consumed with rage. Eventually she started attending and taking classes at church, where a common topic was forgiveness. A classmate suggested that Orr should forgive her daughter's murderer, which at first infuriated her but ultimately prompted her to write a letter of forgiveness to her daughter's killer. ” “The instant I put that letter in the mailbox … all the anger, all the rage, all the darkness that I've been carrying around, all the ugliness I've been carrying around in my body for 12 long years, instantly was gone. Just gone. And in its place I was filled with this sense of joy and love. And I was truly in a state of grace, simply from offering forgiveness to another human being.” “ It's now been 20 years since Orr mailed that letter. Since then she has created a foundation in her daughters name, dedicated to forgiveness and a peaceful world. Orr … is “totally and absolutely opposed to the death penalty under any circumstances." “ She believes that carrying anger and rage toward another person perpetuates one's sense of being a victim. ‘ Being a victim is a choice ' she says ‘ and I have chosen not to be a victim any longer. … Not only did I heal myself, I healed my whole family. When you're filled with rage, you can't be a wife, you can't be a mother, so healing that rage does so much benefit, not just to me, but to everyone around me.” Orr “ Still grieves for her daughter, and while she doesn't believe her daughter's murderer should be executed, she believes he should spend his life in prison . ” (8)
VII. UNDERSTANDING The Root Causes of VIOLENCE? The WHY of VIOLENCE?
* Stroman's lawyer & Bhuiyan wanted the court to acknowledge "The Path that led (Stroman) to (his) Violent frenzy." Bhuiyan also "Said he wanted to spend time with the convict to learn more about WHY the shootings occurred.” (9) As a society if we are only interested in the Revengeful Execution of Offenders, we will fail to understand the Root causes of Violence including: Why Stroman killed? These Why questions may help Victims heal. What was the Path that led Mr. Stroman to kill in retaliation for 9/11? Was Stroman a racist? Did Stroman have a Mental illness? Was Stroman abused as a child? As a society will never know the answers to these questions -- To prevent future violence – If we seek the Biblical Eye for an Eye approach to crime.
VIII. SOLUTIONS:
* The death penalty process is a traumatizing experience for families, often requiring them to relive the pain and suffering of the death of their loved one for many years. Life without parole provides certain punishment without the endless reopening of wounds.
“Hundreds of millions of dollars are spent on the death penalty each year. By replacing the death penalty with life without parole, millions of dollars could be spent on violence-prevention efforts, solving unsolved cases, and increasing victim service.” (10)
*CONCLUSION: Victim Closure is a Myth & a "Big Lie" with regard to the Death Penalty.
Thank you. Respectfully, Mary Hamer MD. Florida a Death Penalty State .
REFERENCES:
1. Does Killing Really Give Closure ? www.washingtonpost.com By Dahlia Lithwick March 26, 2006 .
2. Murder Victims ' Families for Human Rights: Home . www.mvfhr.org/ .
3. Does Killing Really Give Closure ? www.washingtonpost.com › Print Edition › Sunday Outlook .
4. Does Killing Really Give Closure ? www.washingtonpost.com By Dahlia Lithwick March 26, 2006 .
5. www.californiacrimevictims.org. Crime Victims California for Alternatives to the Death Penalty.
6. Does Killing Really Give Closure ? www.washingtonpost.com By Dahlia Lithwick March 26, 2006 .
7. 9/11 rage death row inmate executed "at peace" - CBS News
www.cbsnews.com/2100-201_162-20081261.html .
8. Does The Death Penalty Provide ' Closure' to Victim's Families ... By Lisa Aliferis 10/18/12. blogs.kqed.org/.../10/.../the- death - penalty -and- closure -3-perspectives...
9. 9/11 rage death row inmate executed "at peace" - CBS News
www.cbsnews.com/2100-201_162-20081261.html .
10. www.californiacrimevictims.org. Crime Victims California for Alternatives to the Death Penalty.
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