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Monday, December 15, 2008
Death penalty: fix what’s broken
The Atlanta Journal-Constitution
State Rep. Barry Fleming (R-Harlem) was dead-on in his commentary on the Brian Nichols case. Said Fleming:
“We’re in a day and age when people get on a jury and they’ll say they will vote for a death penalty, but simply won’t do it. That has to be accounted for.”
That’s it. Those who most vigorously oppose the death penalty have great incentive to work their way onto capital cases to keep the penalty from being imposed. There’s no way to detect their bias until the deed’s done.
Without question, Nichols deserved death. He’s an evil man, dangerous to every correctional officer he encounters for the remainder of his life. He sets the standard for application of the death penalty.
Henceforth, every death penalty opponent will be able to make the case in the court of public opinion: If Brian Nichols didn’t get death, then no run-of-the-mill mass murder deserves it, lest that constitute unequal justice.
The General Assembly should act to allow judges to impose capital punishment without requiring all 12 jurors to agree on death. All 12 should agree on guilt, but the penalty phase should be a simple recommendation to the judge who could impose the appropriate penalty.
“This case has rocked Georgia’s criminal justice system,” said the state senator who heads the judiciary committee, Preston Smith (R-Rome): “This case has been a poster child for why there needs to be reform in the system.”
In the meantime, yes, federal prosecutors should try Nichols for the murder of off-duty U.S. Customs agent David Wilhelm. And ask for death.
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