The Star-Ledger comments today on the case of Byron Halsey, who had his double-murder conviction overturned earlier this thanks to DNA evidence tying the crime to someone else — someone who had testified against him during the 1988 trial.
The Ledger correctly notes that
The case is cause for grave concern about police interrogation tactics, lie detector tests, confessions and the overall well-being of the justice system.
The Halsey case is another in a long line of cases in which seemingly incontrovertable evidence — in this case a confession — proves not to be so incontrovertable, after all, the confession apprently coming after a long, difficult interrogation.
That confessions aren’t always what they appear to be is yet another lesson. To many, it seems almost incomprehensible that suspects would confess to crimes they didn’t commit, but criminologists say false confessions are not as rare as some believe.
Halsey’s lawyers had argued that the length and circumstances surrounding his interrogation made his statements unreliable.
It’s a lesson that the federal government should take to heart as it attempts to justify its torture program at Guantanamo and one that should be factored into the debate over the death penalty here in New Jersey.
One of the striking things about this case is that the crimes committed are exactly the kinds of crimes that those who support the death penalty regularly point to as a reason to preserve capital punishment. Halsey was sentenced to life in prison — the death penalty was sought by prosecutors because the murder victims were children and apparently raped, but the jury opted not to impose it.
Consider the candidates for state Senate and Assembly from the 14th District. Four of them — the three Republicans, Assemblyman Bill Baroni, who is running for state Senate, and Assembly candidates Adam Bushman and Tom Goodwin, along with Democratic Assembly candidate Wayne D’Angelo — express doubts about the death penalty, but believed it should be retained for cases of terrorism, child murder and the killing of prosecutors, police or witnesses in criminal cases.
“Can you imagine if a convicted terrorist were allowed to stay alive, letting him continue to rally and support his cause?” (Mr. Bushman) said.
Then again, wouldn’t putting a terrorist to death turn him into a martyr? That, however, is a side issue. The question here is whether we can eliminate doubt from the process, whether we can ever be completely certain of the guilt of the men and women being sentenced to death.
There are other issues surrounding capital punishment — moral and ethical concerns, its effectiveness as a deterrent, etc. — but the question of guilt or innocence and our inability to ever be 100 percent sure seems paramount (and tied back to the moral and ethical issues).
Human nature being what it is, there is no way to ensure that we are not sentencing an innocent man or woman to death. That being the case, how can we not abolish capital punishment?
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