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The Irreversibility of the Death Penalty

No Way to Say, 'Oops, Sorry!'

From Oliver Hauss, for About.com

I write to you in reaction to your article "Death Penalty: The Only Justice for killers?" Having lived in Texas for several years while being a native German, I think I have some perspective both on the current status of the debate as well as some historical perspective. I'd like to make some comments:

I think an important con-argument is missing or not stressed enough: The irreversibility of the death penalty. As you note, several people have been released from death row. However, we have no idea how many people have not been released, but executed, because exonerating evidence was not found in their lifetime. A person with a life sentence can always be released and compensated.

Once a prisoner has been executed, however, there is no way to say "Oops, sorry" anymore. What's worse, there is a tendency to file the case away and forget about it, rather than further verifying possible exonerating factors, thus even preventing posthumous rehabilitation.

As an added point, you write "It is the opinion of proponents of the death penalty that administering justice is the foundation of any society's criminal policy." While that may be the true opinion of proponents, one would have to ask if it is not presumptuous to tell other societies what they should base their criminal policy on.

As it stands, the majority of developed countries do NOT found their criminal policy on that principle -in fact, they also do not see the "victim view" as important. I think an argument such as this should be put into an international perspective. Thanks for an interesting article.

Oliver Hauss, M.S.

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