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The
United States parts ways with many of its western democratic counterparts
over the use of the death penalty, and finds itself in the company
of countries such as China, Saudi Arabia, Ian and Iraq which continue
to use capital punishment.
The cornerstone of human rights
is respect for the inherent dignity of all human beings and the
inviolability of the human person. This notion is enshrined in Article
3 of the Universal Declaration of Human Rights, which protects the
"right to life." Many nations around the world interpret
the death penalty as a violation of this human right. Although the
International Covenant on Civil and Political Rights (ICCPR) does
not outlaw capital punishment, it specifically prohibits cruel and
inhuman punishment and arbitrary executions, and limits capital
punishment to "the most serious crimes." The abolition
of the death penalty is enshrined in the European Convention on
Human Rights.
The
U.S. Supreme Court reinstated the death penalty in 1976. As of August
2000, there have been 660 executions. From 1984 through 1994, the
average annual rate of execution was twenty-three per year. During
the last three years of the past century, the annual rate of execution
increased dramatically to eighty executions per year.
Against this stark background, it was surprising when Illinois Governor
George Ryan declared a statewide moratorium on the death penalty
in January 2000. He based his decision on the discovery that thirteen
death row inmates were innocent of the crimes they were convicted
for, as well as the disproportionate application of the death sentence
on blacks and Latinos. Meanwhile, two California counties, San Francisco
and Santa Clara, have asked Governor Gray Davis for a similar statewide
suspension of executions until safeguards can eliminate the risk
of taking the lives of innocent people and prevent the possibility
of racial or economic bias.
The increasing use of DNA technology in the criminal justice system
is seen by many as a potential safeguard against wrongful convictions.
The Death Penalty Information Center reports that since 1963, eleven
of ninety-eight death row prisoners have been exonerated through
the use of DNA testing. On February 12, 2001, Earl Washington was
released from a Virginia penitentiary after more than fifteen years
of being wrongfully imprisoned. He was days away from being executed.
In 1983, Washington, who is mentally retarded, was found guilty
of the murder of Rebecca Williams. A series of DNA tests ultimately
proved that Washington was innocent of the murder. In October 2000,
he was pardoned by Virginia Governor Jim Gilmore.
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