Comments for Sister Helen Prejean

Comment on What I’ve been thinking and doing: 2010-08-20 by Richard L. Martinez

Richard L. Martinez — Sun, 22 Aug 2010 05:28:19 +0000

The race issue does need to be revisited. The issue raised in McCleskey v. Kemp, 481 U.S. 279 (1987), was basically that of race of vicim when the defendant was black. In the habeas corpus petition to the Federal District Court, an argument raised was that the Georgia capital sentencing process was administered in a “racially discriminatory manner,” therefore in violation of the Eighth and Fourteenth Amendments. The Court noted in a study that was provided, “…but found the statistics insufficient to demonstrate unconstitutional discrimination in the Fourteenth Amendment analysis.” One had to prove that the process itself swayed by discrimination by the court to, “…infer that the discretion had been abused.” The Court noted that his concerns might be better presented to legislative bodies rather than the Court. As noted, “It is not the responsibility – or indeed even the right – of the Court to determine the appropriate punishment for particular crimes.”

The issue of proving that the discretion in sentencing process was abused in individual cases provided may be difficult. However, when one looks at the actual numbers of minorities, specifically blacks, one has to question as to there not being a disproportionate number sentenced. The issue that may need to be addressed is – whether via the courts or legislative action – just who is receiving the ultimate punishment. Currently blacks make up approximately 13% of the total U.S. population. As of 9/20/07, blacks make up 41.7% of the condemned population of the country. In California, a couple of years back, blacks made up 35.72% of the condemned, including two females. The percentages are old numbers, but still somewhere in the ball park, it is easy enough to update the populations of for each. These numbers should raise concerns for all who study the death penalty, even if these numbers are not due to abuse of discretion as noted in McCleskey. The numbers reinforces the issue of who can and cannot afford the legal representation required to stop them from becoming the recipients of the ultimate punishment. As noted by Justice Blackmun in re: Callins vs. Collins, 510 U.S. 1141 (1994), “The arbitrariness inherent in the sentencer’s discretion to afford mercy exacerbated by problems of race. Even under the most sophisticated death penalty statutes, race continues to play a major role in determining who shall live and who shall die.”

Sister Helen Prejean, good luck in your endeavors in dealing with a punishment that should have been done away with years ago.

Comment on Which victims are worth more? by Richard L. Martinez

Richard L. Martinez — Sat, 21 Aug 2010 04:55:02 +0000

One has to continue to question if in fact Gregg vs. Georgia did in fact rectify the ills as noted in Furman vs. Georgia. Justice Stewart, concurring in re: Furman, noted, “I simply conclude that the Eighth and Fourteenth Amendments cannot tolerate the infliction of a sentence of death under legal systems that limit the unique penalty to be so wantonly and so freakishly imposed.” Justice Douglas also concurring in re: Furman, “Yet we know that the discretion of judges and juries in imposing the death penalty enables the penalty to be selectively applied, feeding prejudices against the accused if he is poor and despised, and lacking the political clout, or is he is a member of a suspect or unpopular minority, and saving those who by social positions may be a more protected position.” Or as former San Quentin Warden, Clinton Duffy noted, “The death penalty is a privilege of the poor.”

Having classified thousands of inmates, including hundreds of condemned, I have developed certain views on the death penalty:

it is not a deterrent as many claim;
it is substantially more costly than life without;
it seems that a disproportionate number of poor and minorities continue to be the recipients of death penalty;
We have made too many mistakes.

We need to set aside the emotional issue on this punishment and look at the facts. Perhaps both Furman and Gregg need to be revisited by the Supreme Court, in that it appears the same issues continue to surface in the imposition of this sentence.

Comment on A writer’s reward by Dorinda Upham

Dorinda Upham — Fri, 20 Aug 2010 20:30:51 +0000

Gives me hope about my guitar and piano playing.

Comment on Watching my journey unfold by Matt Rhodes

Matt Rhodes — Fri, 20 Aug 2010 18:09:16 +0000

Sister Helen, we are all very much looking forward to reading this next book. You are very much an inspiration to me and have been a significant reason why my views on the death penalty have shifted so dramatically over the years. I will enjoy being able to read what about the spiritual road you traveled to get where you are now!

Comment on The current of writing by Emily

Emily — Thu, 05 Aug 2010 19:17:26 +0000

Dear Sister Helen,

I read an interview with you yesterday in The Sun magazine. I didn’t know anything about your or your work before that interview, but you have inspired me! I just wanted to tell you that I think you are an amazing person!

Good luck with the writing and the blogging. I will be reading and following your progress from Texas.