Monday, November 29, 2010
Ex-Justice Criticizes Death Penalty
Two years before his retirement from the Supreme Court, Justice John Paul Stevens announced his belief that the death penalty is unconstitutional. This came after years of supporting capital punishment, indicating a fundamental reversal in his beliefs. In 1976, Stevens felt that the death penalty could be implemented fairly; however, statistical evidence since then indicates racial disparities in the system. Along with racial discrimination, there are several other valid arguments against the death penalty. Aside of moral implications, evidence suggests that the death penalty does not effectively deter crime and, in some cases, costs more than incarceration. All of these issues should be carefully examined by the states before they choose to implement the death penalty.
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I think that this presents a good case study for what Justice Souter was describing in the commencement speech he gave. In the case of Brown v. BOE the fundamental decision of Plessy v. Ferguson was overturned 60 years later. Justice Stevens had served on the court for a long time and during the 70's he supported the death penalty, but recently acted against it. I think that as times change and public opinion shapes how government reacts it is impractical to think that his opinion should have remained the same over a 40 year period.
Also reflecting on class debates about implementing term limits for federal judges I think that this is a strong case against those propositions. Justice Stevens remembers reflecting upon controversial issues and changing his opinion several times before arriving at a consensus, one that is often more tolerate and rational than any first impressions. I think that this is a microcosmic view of an issue that could be resolved over decades. If he thinks he can correct smaller issues in a matter of hours then over the course of several years larger issues could be worked out.
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