The Reality of Capital Punishment is
Contrary to Popular Belief
The Truth Regarding the Constitutionality & Efficiency of the Death Penalty

  This paper below was originally submitted my senior year of high school, in July of 1995. It has not yet been revised and is still in "freshly scanned" form, so I extend my apologies for any obvious typographical errors. Footnotes and bibliography were finally put on-line in October 1999. Thank you for your patience!

Simplified Outline:
  1. Introduction
  2. History
  3. Court Cases
  4. Due Process
  5. Physical & Emotional Trauma
  6. Financial Expense
  7. Deterrence
  8. Biblical References
  9. Participants by Government Workers
  10. Summary/Conclusion
  11. Footnotes
Introduction
  Although over seventy percent (1) of Americans support the death penalty, the majority of these supporters are unversed in the manner by which the United States government carries out this form of punishment. In addition, the arguments put forth to support their position are either myths or easily refuted. The issue of capital punishment has been tossed back and forth in our nation's courts for quite a while, but both sides of the issue have also been argued for hundreds, if not thousands, of years prior to the rash of court cases beginning in the 1970's. The issue at hand, though, is that capital punishment, first, is unconstitutional in that it violates due process, is applied in an unfair and biased manner, and constitutes "cruel and unusual punishment" through extreme physical and mental anguish; second, demands an exorbitant cost; third, is an unjustifiable act of revenge; forth, is found lacking in grounds when argued on moral bases; fifth, lacks positive proof of deterrence, and sixth, is carried out by the government workers who have no love of their required duties.

History
  New York holds the dubious honor of having been the inventor of the electric chair. It switched from hangings to the electric chair in 1890 (2) for what it claimed were "humane" reasons. That year the Supreme Court concluded,

  It is in easy reach of the electrical science at this day to so generated and apply to the person of the convict a current of electricity of such known and sufficient force as certainly to produce instantaneous and therefore painless death. (3)
This common but incorrect assumption foreshadowed many Supreme Court cases that alternately upheld and struck down this view.

Court Cases
  Executions had halted around 1967 in the expectation of a case heading to the U.S. Supreme Court regarding the constitutionality of capital punishment. (4) This case arrived in the 1972 five-to-four decision Furman v. Georgia, in which the Supreme Court declared the death penalty's application to be "arbitrary" and "capricious", administered "in a random and unpredictable manner", often based on race and luck. (5) Hence, since capital punishment was deemed unconstitutional, the 648 death sentences (6) nationwide were commuted to life imprisonment. Yet the Court still claimed in the Furman decision that "we cannot invalidate a category of penalties (death) because we deem less severe penalties (life imprisonment) adequate to serve the ends of penology." (7)

  The above was further supported in the Court's decision in Gregg v. Georgia, in which the Court stated that the death penalty was justified regardless of whether its deterring effect on society was equal to that of life imprisonment.(8) However, statements by the two most adamant abolitionists on the Court accurately reflect capital punishments difficulties and the public's knowledge thereof.

When a country of more than 200 million people inflicts an unusually severe punishment no more than 50 times a year, the inference is strong that the punishment is not being regularly and fairly applied. (9) -J. William Brennan, concurring in Furman
Justice Brennan realized that executing 1 in 4 million (or 0.00000025 percent) did not qualify as regular implementation, nor were these relative few necessarily comprised of the worst offenders in the nation.

  According to Justice Marshall, citizens are not aware of all the nuances essential to having a more thorough understanding of capital punishment.

... the American people are largely unaware of the information critical to a judgment on the morality of the death penalty.. if they were better informed they would consider it shocking, unjust and unacceptable. (10) -J. Thurgood Marshall
This theory was confirmed by a study done in 1975, (11) in which support decreased upon even minimal education regarding the idiosyncracies of the death penalty. The above quote is corroborated by Chaplain Stogumber's comment after watching Joan of Arc burn:
If you only saw.. you would think quite differently about it. It would give you a great shock.. I did a very cruel thing once because I did not know what cruelty was like. I had not seen it, you know.... It was dreadful.. But it saved me. I have been a different man ever since... (12)


  These excerpts were also supported by the 1986 Gallup Poll, which discovered that public approval of the death penalty decreased from 70 to 43 percent with consideration given to life imprisonment without parole. (13) Upon analysis, the states realized they could comply with the Court by reworking the capital statues to increase jury regulation, an action made simpler by the nine separate opinions, especially that of Chief Justice Burger. (14)

  Four years later, after the existing statutes had been revised to remove the offending clauses, the Court heard Gregg v. Georgia (1976). Their decision overturned Furman by stating that capital punishment was not forbidden under the 8th Amendment's "cruel and unusual punishment", but was permissible, rather, when aggravating circumstances were taken into consideration. (15) It would not be unconstitutional if its imposition was controlled by "objective standards so as to produce nondiscriminatory application." (16) In its support of a bifurcated system, (17) in which the defendant's guilt is decided prior to his sentencing trial, the Court hoped to encourage capital punishment's unbiased application. Most of the justices admitted that "scientific evidence regarding deterrence was inconclusive," (18) but assumed it probably acted as a deterrent, except in crimes of passion (which make up percent of the murders currently committed).

  The next few death penalty cases argued before the Court involved its applicability to rape, the mentally retarded and the insane. Coker v. Georgia (1977), a 7-2 decision with Chief Justice Burger and J,. Rehnquist dissenting, stated that although rape deserved serious punishment, it did not merit death, (19) a decision leaving only murder and perhaps treason open to capital punishment.

  The 1986 case of Penry v. Lynaugh allowed the mentally retarded to be executed, claiming that... (**say why**)....;(20) that same year, Ford v. Wainwright outlawed the execution of the insane, but did not determine the criteria for insanity. Ford said execution is permissible if the inmate can be made lucid (his mental well-being having been decided by the state medical examiner) through medication or therapy.(21) The Ford case played a significant role in Varnall Weeks' case: he was executed May 12, 1995 in Alabama, having spoken of the Garden of Eden's "unforbidden fruit" and of his belief that he would be transformed into a tortoise and rule the universe. (22) Although he seemed unable to comprehend his death, he was determined to be sane enough to be executed.

  The next landmark case, McCleskey v. Kemp, appeared in 1987. The Baldus Study, comprised of 2,484 Georgian capital cases between 1973 and 1979, (23) was presented to the Supreme Court, which admitted the existence of "a discrepancy that appears to correlate with race." (24) Regardless of this admission, they declared the disagreements to be "an inevitable part of our criminal justice system." (25)

  In Thompson v. Oklahoma (1988), the Court permitted the executions of minors in a 5-3 decision with Justices Brennan and Marshall dissenting.(26) Two similar cases, Stanford v. Kentucky and Wilkins v. Missouri, came the following year. Most states with the death penalty now have minimum ages of execution, Montana with the lowest age at 12 years, but nine states have no minimum age.(27)

  Keeney v. Tamayo-Reyes (1992) is the most recent case, involving federal habeas appeals. The Supreme Court said if state courts did not hold evidentiary hearings, the federal courts were not required to either,(28) whether or not the client could show that inadequate counsel violated due process. Although this may quicken the process, it tramples upon the prisoner's rights. Were they allowed, such hearings could overturn a sentence on constitutional grounds, as has taken place in 558 cases between January 1973 and April 1994.(29) This process is fairly common, as 40 percent of federally reviewed cases have been found to contain constitutional errors.(30)

Due Process
  The Supreme Court determines the constitutionality of capital punishment by deciding whether it violates due process as found in the 5th and 14th Amendments, and if the death penalty constitutes cruel and unusual punishment. There are a myriad of examples which demonstrate that capital punishment's organization invites infractions of due process, as it includes "equal protection of the law". (31)

  Minorities, principally blacks, are victims of discrimination, as shown in McClesky v. Kemp. David Baldus proved that defendants were eleven times as likely in white-victim cases to be recipients of a death sentence than in black victim cases.(32) Currently, 42 percent of death row inmates are black, while 95 percent of death row prisoners' victims are white. (33)

  The ultimate distinguishing characteristic uniting condemned prisoners is their affluence; almost all are indigents. As stated in Sister Helen Prejean's Dead Man Walking, the death penalty is a "poor man's punishment;" the rich are never condemned to death because they can afford top-notch attorneys who can "play the system" (34) or as said by former Warden Duffy, "The death penalty is a privilege of the poor." (35) One political cartoon wrote, "Capital punishment means them (sic) without the capital get the punishment." (36) Society has been aware of the influence wealth holds over the judicial system since biblical times, evident from its inclusion in the Old Testament. " The rich should have no advantage and the poor no disadvantage," (37) and "Defend the poor... do justice to the... needy." (38) Unfortunately, our system finds this equality too difficult to enact.

  Because they are indigents, the accused are provided with a public defense attorney, which leads to a calamitous overcrowding of the public defender offices. Because counsel is unable to effectively manage such a multitude of cases, the quality of care given to each client is poorer. Louisiana's only prerequisite for handling capital cases is involvement in any type of law for five or more years, (39) which results in a lot of attorneys from private firms doing pro bono work.

The post-conviction capital defendant who cannot afford a lawyer is left to the mercy of volunteer lawyers. If voluntary representation is not available, the defendant must act pro se or accept death without attempting habeas proceedings. ne shortage of volunteer attorneys and the ever-growing death raw population raises the specter of pro se defendants lacking adequate skill to present the issues in habeas proceedings, or worse, executions of defendants unable ever to marshall such an effort. (40) -J. Marshall
Sometimes the appointed defense arrives distressingly unprepared, resulting in catastrophic situations.
... there are cases where defense attorneys in capital cases have actually shown up for trial drunk, or so ill prepared they told the judge they didn't know what they were doing, and even then the appeal courts wouldn't concur on ineffectiveness of counsel. (41)
This behavior, which is not even sufficient to overturn sentences, leads to the aforementioned large indigent population on death row. When Sister Prejean realized this, she wrote,
I had always known... that there were imperfections in the system, but I honestly thought that when a person faces death, he... would at least be given adequate legal defense. I thought the Constitution promised that. (42)

  Further due process infringements stem from the stricter regulations recently imposed. Under the current system, higher courts claim that the accused waived his rights to bring up issues later if the defense fails to make objections or mention these issues during trial.(43) All paperwork may also be denied if submitted past the due date, regardless of content and relevance.(44) While shortening the process, the government neglects the defendants' rights.

  One of the shortcomings of supporters' arguments is their inaccuracy. Among the four elements in the retentionists' argument is the notion that humane executions are carried out swiftly. It is thought that the client dies instantly, therefore preventing a transgression of "cruel and unusual punishment."

  Regardless of their conclusions, death by electrocution was and is neither quick nor painless. A reporter who witnessed New York's first execution by electrocution wrote the following:

The current had been passing through his body for 15 seconds when the electrode at the head was removed. Suddenly the breast heaved. There was a straining at the straps... A purplish foam covered the lips and was spattered over the leather head band. The man was alive. .... [E]verybody lost their wits. There was a startled cry for the current to be turned on again... An odor of burning flesh and singed hair filled the room, for a moment, a blue flame played about the base of the victim's spine.... The electricity flowed four minutes ... (45)
  Initially, a portable chair traveled among the local jails, where the prisoners were lined up and run through. In this period, the inexperienced executioners would apply the electrodes incorrectly, causing sparks to shoot from eyes and ears. The executioners would pull "Old Sparky's" switch, but with insufficient current to cause death. They would wait for the body to cool, check for life, and reapply the electricity up to four or five times.(46) Although that was in the past, the process is still far from painless.

  Many suppose the prisoner dies instantly upon receiving a 2,000-volt charge. To kill immediately, the entire charge must reach the victim's brain.(47) The body acts as a conductor between the electrodes fastened to the shaven cranium and calf. Since the full voltage fails to reach the brain, the inmate endures severe burns while remaining conscious. Electrocutions last an average of six or seven minutes. This may not seem to be a large amount of time, but is more easily imagined when put into perspective. Attempting to hold one's breath for seven minutes while grasping a red-hot poker accurately describes the experience. In his dissenting opinion in Glass v. Louisiana, Justice Brennan quoted,

[T]he cords of the neck stand out like steel bands.. 7he prisoner's limbs.. and face are severely contorted.. the prisoner's eyeballs sometimes pop out on his cheeks... 7he prisoner often defecates, urinates, and vomits blood and drool.. Sometimes the prisoner catches fire.... There is a sound like bacon frying and the sickly sweet smell of burning flesh... when the post-electrocution autopsy is performed the liver is so hot that doctors said it cannot be touched by the human hand ... (48)
This commentary developed from a supposedly painless and humane invention.

  Another aspect of the "cruel and unusual" component lies in botched executions, which are even more barbaric. These fouled deaths are by no means restricted to the past. In 1983, smoke and fire erupted from John Evans' temple and leg on the first jolt; his death required 14 minutes. In 1985, William Vandiver's execution required five charges, lasting 17 minutes. As recently as 1990, the sponge on Jesse Tafero's head caught fire, causing a 6-inch flame to shoot from his skull. (49)

  One cannot remain completely distanced from the process, sitting outside the death chamber, protected by a plexiglass window. No execution is perfect:

Riley.. was small... and he was terrified. 7he guards had to carry him screaming.. into the gas chamber where... they strapped him into the chair.. Butjust before they dropped the... pellets into the... acid, Riley managed to pull his slim wrists out of the restraints and jumped up, racing around inside the chamber, beating frantically on the glass windows where witnesses and media watched horrified Prison officials had to stop the process, open the chamber, and strap him in again. This happened three times. (50)

  Looking outside the physical, one must also acknowledge the mental pain. This encompasses not only the pain of the victim's families, but also the prisoner's. The friends and family of the deceased deserve to mourn. But these families must realize that although they may never forgive the transgressor, they will be forced to dredge up old memories as they appear at Pardon Boards, hearings, and other judicial proceedings held regarding the inmate. (51) All the appeals lead to a continual rehashing of the crime.

  One must also consider the offender's mental well-being. He is forced to wait in fear for death, the terror of which is only compounded by the shred of hope continually dashed by the string of endless appeals. The second part of the supporters' argument is the assumption that capital punishment is cheaper to enforce than life imprisonment.

Expense
  Contrary to popular belief, the death penalty is more expensive to enact than supporting prisoners for life. Funds expended by the government accumulate quickly due to the execution itself, multiple appeals during the average 6-7 year wait, (52) room and board in high security prisons, the prosecution, and often the defense for the high indigent population. Studies from various states emphasize the huge sum required for this process. One in California claims it costs as little as $500,000, while a Maryland study estimated $750,000 per capital case, and the New York investigation computed the price at $1.8million.(53) A 1991 study of Texas' system appraised the capital murder appellate process at $2,316,655.(54) In contrast, housing a Texas prisoner for forty years in a maximum security prison costs only $750,000. (55) Another source claims a $3.8 million tag on Florida's death sentences, compared to the price of 40 years (life) of $516,000. (56)

  Including cell building and construction with a price tag of $55,000 per cell, housing as determined by the Bureau of Justice Statistics would only amount to $11,302, significantly cheaper than execution. (57) As frequently suggested by supporters, the procedure could be cheaper by limiting appeals, but it would defy due process in the Constitution. Such limitations also encourage the executions of innocents, a mistake which the United States has made 23 times (58) to often.

Deterrence
  The third point of debate involves the punishment's properties as a deterrent. This point is much more difficult to substantiate. Nevertheless, there has been no conclusive evidence supporting the assumption that murder rates fluctuate with frequency of implementation. Even the Supreme Court admitted that the deterrent argument was faulty. (59) In fact, there has even been evidence that violent crime increases in the period surrounding an execution.

  Though 53 percent (60) of those polled believe the death penalty acts as a deterrent, evidence suggests that the murder rate decreases with the abolishment of the death penalty, and levels out to approximately the same percentage as states with capital punishment (61). Some found cause to believe it has a negative effect. In New Orleans, the murder rate rose 16.39 percent after eight executions in a nine week period. (62) With cases such as the following,

When John Spenkelink died in the electric chair in May 1979, he became the first person executed in Florida in 15 years. A later study of the 6-month period before and after his execution, when the public controversy about the issue was at its peak, showed that homicides in the state increased 14 percent. (63)
we must analyze whether such executions may have a detrimental effect, rather than being preventative.

  By claiming executions act as warnings to the general public, one assumes that those contemplating murder carefully weigh the results of their actions. But the FBI admits that the majority of homicides are crimes of passion. (64)

It is a fact that a large percentage of murders are committed in the heat of passion, when the murderer is not in a position to reason; fear of the law plays no part at all. In the remaining few, whatever fear there may be is more than balanced by the belief on the part of the criminal that he is not going to get caught. There are also some who deliberately kill; but the knowledge that they will be caught and punished does not deter them. (65) - Osborne
Since they are committed without awareness or concern of possible repercussions, this deterrent argument is moot.

  Moreover, the death penalty's preventive effect is lessened further by its infrequent implementation. According to the Bureau of Justice Statistics, 260 people from 25,000 murders (66) have received death sentences per year between 1990-92. This results in a .01 percent execution rate for murderers. These odds are not threatening enough to worry potential criminals.

Biblical References
  The forth and final support used by retentionists is biblical references, specifically "life for life, eye for eye, tooth for tooth," (67) and "Who sheddeth man's blood shall his blood be shed." (68) On the other hand, the second quote could be interpreted to mean retribution by God, not by society. Abolitionists also have their own quote: "Thou shalt not kill." (69)

  If one is uses the above quotes to demand absolutely equal retribution, one should consider Camus' assessment of this topic.

For there to be equivalence, the death penalty would have to punish a criminal who had warned his victim of the date at which he would inflict a horrible death on him and who, from that moment onward, had confined him ... for months. (70)

  In addition, advocates may no longer continue this selective reading of the Bible. The Book is filled with references to forgive, show compassion, (71) and not to wreak vengeance upon others.(72) One of the more relevant passages on retaliation is Ezekiel 33:11, in which God declares, "As I live... I have no pleasure in the death of the wicked, but that the wicked shall live." (73) and later, "For I have no pleasure in the death of anyone. "(74) The Bible also declares, " Do not repay anyone evil for evil, but take thought for what is noble in the sight of all." (75) This seems very evident that state-imposed death is not biblically supported. This message sufficiently counters the retentionists' arguments.

  According to the Bible, other acts also carry a sentence of death. If death is meted out for homicides, then this penalty must also be inflicted for incest, prostitution, adultery, and profaning the Sabbath, (76) among others. We ignore these because we have passed beyond the barbaric stage. Consideration should also be given the old adage, "Two wrongs don't make a right," in which killing one would not bring back the other.

  Christians, especially Roman Catholics, believe they may morally support the death penalty, as there has been no official declaration from the Church to direct its people. However, Pope John Paul II recently wrote "The Essence of Life", in which he denounced capital punishment. And in reference to the past, a quote was found to substantiate the abolitionists' side.

  Believers might also be reminded that Emperor Julian, before his conversion, did not want to give official offices to Christians because they systematically refused to pronounce death sentences or to have anything to do with them. For five centuries Christians therefore believed that the strict moral teaching of their master forbade killing. (77)

  As the Supreme Court looks to English common law for Constitutional interpretation, so should we investigate the past to direct ourselves. By the above accounts, one may not assume Christianity and the Bible overwhelmingly approve of capital punishment.

Government Workers Involvement
  The final matter is comprised of the government employees' roles in this punishment. As Justice Marshall has been quick to point out, informed public opinion is far from informed.(78) If the public was better versed in the penalty's intricacies it would be less likely to support capital punishment. This is substantiated by scrutinizing the people in the inner sanctum of death row. All the participants are loath to associate themselves with this catastrophe. Each claims he is just doing his job. The buck gets passed and the responsibility lands nowhere.

  Generations of families work as guards on death row,(79) a steady but unpopular job. Wardens who supervise the process found no purpose in the deaths. (80) Electricians who rig the chair refuse to be paid blood money, and executioners are paid by verbal contracts only.(81) Governors try to rid themselves of the responsibility.

  The governor has found a moral niche in this process, a position from which he can make decisions and still lay his head on the pillow at night and go to sleep. He is a public official.. He subordinates his conscience to the "will of the people " The law speaks for itself- if it is the law, it must be right, it must be true... he simply "does his job" within the law. (82)

Conclusion
  No one may exempt themselves from responsibility purely because they are not the one pulling the switch. No one killed this man; he "put himself in the chair." (83) Punishment should be assigned in an unbiased manner, immediately, efficiently, and constitutionally. The worst part of this punishment is not just the physical pain but the emotional trauma inflicted. Many supporters believe the offenders deserve to die, and perhaps they do. But not by the current ineffective system.

Footnotes

  1. This is an approximate figure; sources cite anywhere from 60-80%.
  2. Gladwell, Malcolm. "After 18 Years, N.Y. Death Penalty Revived." The Washington Post. 3/8/1995, p.A15.
  3. Prejean, Helen. Dead Man Walking. Random House, Inc., New York, NY. 1993. p.18.
  4. Hook, Donald D.; Kahn, Lother. Death in the Balance: The debate over capital punishment. D.C. Heath and Co., Lexington, MA 1989. p.33.
  5. Prejean, Helen. Dead Man Walking. p.114.
  6. Sifakis, Carl. The Encyclopedia of American Crime. Smithmark Publishing, Inc., New York, NY. 1992. p.121.
  7. Prejean, Helen. Dead Man Walking. p.115.
  8. Prejean, Helen. Dead Man Walking. p.115.
  9. Prejean, Helen. Dead Man Walking. p.114.
  10. Prejean, Helen. Dead Man Walking. p.117.
  11. Prejean, Helen. Dead Man Walking. p.117.
  12. Prejean, Helen. Dead Man Walking. p.100-101.
  13. Prejean, Helen. Dead Man Walking. p.116.
  14. Hook, Donald D.; Kahn, Lother. Death in the Balance: The debate over capital punishment. p.34.
  15. Bedau, Hugo A. "Capital Punishment." Grolier Encyclopedia. Grolier Electronic Publishing, Inc., 1993.
  16. Steamer, Robert J. "Furman v. Georgia." Grolier Encyclopedia. Grolier Electronic Publishing, Inc., 1993.
  17. Siegel, Mark A.; Binford, Shari M.; Foster, Carold D. Capital Punishment: An Effective Punishment?. Information Plus, Wylie, TX. 1991. p.6.
  18. Hook, Donald D.; Kahn, Lother. Death in the Balance: The debate over capital punishment. p.51.
  19. Hook, Donald D.; Kahn, Lother. Death in the Balance: The debate over capital punishment. p.37
  20. Prejean, Helen. Dead Man Walking. p.50.
  21. Prejean, Helen. Dead Man Walking. p.50.
  22. McCarthy, Colman. "Insane and on Death Row." The Washington Post. 5/6/1995, p.A15.
  23. Bender, David L.; Leone, Bruno; Wekesser, Carol. The Death Penalty: Opposing Viewpoints. Greenhaven Press, Inc., San Diego, CA. 1991. p.144.
  24. Prejean, Helen. Dead Man Walking. p.49.
  25. Prejean, Helen. Dead Man Walking. p.49.
  26. Siegel, Mark A.; Binford, Shari M.; Foster, Carold D. Capital Punishment: An Effective Punishment?. p.7.
  27. Landau, Elaine. Teens and the Death Penalty. Enslow Publishers, Inc., Hillside, NJ. 1992. p.18-19.
  28. Prejean, Helen. Dead Man Walking. p.46.
  29. Maguire, Kathleen; Pastore, Anne L. Sourcebook of Criminal Justice Statistics 1993. U.S. Department of Justice. Washington, D.C. 1994. Table 6.108, p.666.
  30. Prejean, Helen. Dead Man Walking. p.46.
  31. Prejean, Helen. Dead Man Walking. p.239.
  32. Bender, David L.; Leone, Bruno; Wekesser, Carol. The Death Penalty: Opposing Viewpoints. p.144.
  33. Landau, Elaine. Teens and the Death Penalty. p.73. Statistics in alternate sources vary.
  34. Prejean, Helen. Dead Man Walking. p.61.
  35. Hook, Donald D.; Kahn, Lother. Death in the Balance: The debate over capital punishment. p.75.
  36. Bender, David L.; Leone, Bruno; Wekesser, Carol. The Death Penalty: Opposing Viewpoints. p.154.
  37. Hook, Donald D.; Kahn, Lother. Death in the Balance: The debate over capital punishment. p.76.
  38. Holy Bible, The: King James Version. Good Counsel Publishing Co., Chicago, IL. 1963. Psalm 82:3.
  39. Prejean, Helen. Dead Man Walking. p.47.
  40. Siegel, Mark A.; Binford, Shari M.; Foster, Carold D. Capital Punishment: An Effective Punishment?. p.52.
  41. Prejean, Helen. Dead Man Walking. p.47.
  42. Prejean, Helen. Dead Man Walking. p.32.
  43. Prejean, Helen. Dead Man Walking. p.45.
  44. Prejean, Helen. Dead Man Walking. p.46.
  45. Prejean, Helen. Dead Man Walking. p.18.
  46. Grisham, John. The Chamber. Bantam Doubleday Dell Publishing Group, Inc., New York, NY. 1994. p.253.
  47. Prejean, Helen. Dead Man Walking. p.20.
  48. Prejean, Helen. Dead Man Walking. p.19-20.
  49. Prejean, Helen. Dead Man Walking. p.19, all three cases.
  50. Prejean, Helen. Dead Man Walking. p.190-91.
  51. Jacobs, Nancy R. Capital Punishment: Cruel and Unusual? Information Plus. Wylie, TX. 1994. p.6.
  52. Siegel, Mark A.; Binford, Shari M.; Foster, Carold D. Capital Punishment: An Effective Punishment?. p.22.
  53. Siegel, Mark A.; Binford, Shari M.; Foster, Carold D. Capital Punishment: An Effective Punishment?. p.24.
  54. Jacobs, Nancy R. Capital Punishment: Cruel and Unusual? p.6.
  55. Jacobs, Nancy R. Capital Punishment: Cruel and Unusual? p.6.
  56. Prejean, Helen. Dead Man Walking. p.129-30.
  57. Siegel, Mark A.; Binford, Shari M.; Foster, Carold D. Capital Punishment: An Effective Punishment?. p.24.
  58. Prejean, Helen. Dead Man Walking. p.218; figure cited as 25 innocents in Jacobs, Nancy R. Capital Punishment: Cruel and Unusual? and others.
  59. Sifakis, Carl. The Encyclopedia of American Crime. p.121.
  60. Steins, Richard. The Death Penalty: Is It Justice? Henry Hold & Co., New York, NY. 1993. p.56.
  61. Sifakis, Carl. The Encyclopedia of American Crime. p.121.
  62. Prejean, Helen. Dead Man Walking. p.110.
  63. Sifakis, Carl. The Encyclopedia of American Crime. p.121.
  64. Hook, Donald D.; Kahn, Lother. Death in the Balance: The debate over capital punishment. p.49.
  65. Bender, David L.; Leone, Bruno; Wekesser, Carol. The Death Penalty: Opposing Viewpoints. p.51.
  66. Prejean, Helen. Dead Man Walking. p.252.
  67. Hook, Donald D.; Kahn, Lother. Death in the Balance: The debate over capital punishment. p.15: Exodus 21:23-24.
  68. Hook, Donald D.; Kahn, Lother. Death in the Balance: The debate over capital punishment. p.15: Genesis 9:6.
  69. Holy Bible, The: King James Version. Exodus 20:13.
  70. Camus, Albert. "Reflections on the Guillotine." Resistance, Rebellion and Death. Alfred A. Knopf, Inc., New York, NY. 1960. p199.
  71. Bible: New Revised Standard Version. Thomas Nelson Publishers, Nashville, TN, 1989. also Holy Bible, The: King James Version. Matthew 18:21-22; Colossians 3:12-13; Proverbs 19:11; Matthew 5:44; Ephesians 4:32.
  72. Holy Bible: New Revised Standard Version. Romans 12:17; Romans 12:19; Thessalonians 5:15; 1 Peter 3:9.
  73. Holy Bible: New Revised Standard Version. Ezekiel 33:11. Also Hook, Donald D.; Kahn, Lother. Death in the Balance: The debate over capital punishment. p.15.
  74. Holy Bible: New Revised Standard Version. Old Testament, p.785. Ezekiel 18:32.
  75. Holy Bible: New Revised Standard Version. New Testament, p.162. Romans 12:17.
  76. Prejean, Helen. Dead Man Walking. p.195.
  77. Camus, Albert. "Reflections on the Guillotine." Resistance, Rebellion and Death. p.224.
  78. Prejean, Helen. Dead Man Walking. p.117.
  79. Prejean, Helen. Dead Man Walking. p.71.
  80. Prejean, Helen. Dead Man Walking. p.102.
  81. Prejean, Helen. Dead Man Walking. p.104.
  82. Prejean, Helen. Dead Man Walking. p.57.
  83. Prejean, Helen. Dead Man Walking. p.101.