Should death row inmates have access to one-on-one pastoral visits? This the question a Kentucky judge is being asked to decide in a class action suit filed by death row inmates against the state prison system. The prisoners claim that pastors have been “illegally and arbitrarily restricted from visiting them” since early summer 2010, the Associated Press reported yesterday.
A couple states down in Alabama, a judge overturned the life sentence imposed by a jury in the murder trial of 26-year-old African American Iraq war veteran Courtney Lockhart, and instead sentenced him to death, even though the defense argued that Lockhart, like 12 other members of his platoon who have been arrested for murder or attempted murder, had suffered psychological damage during his 16-month combat tour in Iraq, the Huffington Post reported yesterday.
In his decision, Judge Jacob Walker wrote that Lockhart deserved death based on evidence of other crimes not presented by prosecutors during his trial, the article said, noting a troubling trend in the state.
Since 1976, when the U.S. Supreme Court reinstated the death penalty after a four-year ban, Alabama judges have held the power to overturn the sentencing recommendations of juries in capital cases. Since then, state judges have overturned 107 jury decisions in capital cases, and in 92 percent of those cases, jury recommendations of life imprisonment were rejected in favor of death sentences, according to a new report by the Equal Justice Initiative, a non-profit law firm based in Montgomery.
Meanwhile, Rais Bhuiyan, a victim of post 9/11 racism, is arguing for the life of his would-be killer. While working at a Dallas, Texas, gas station in 2001, Bhuiyan was shot in the face at close range by Mark Ströman. The assault left Bhuiyan blind in one eye and in need of extensive plastic surgery. Ströman had murdered a Pakistani immigrant five days earlier and would go on to kill an Indian immigrant a few weeks later. Each of Ströman’s victims worked at Dallas-area convenience stores. Ströman, who claims he was avenging the 9/11 terrorist attacks, is scheduled to be executed July 20.
According to the Death Penalty News website, Bhuiyan found peace during his long and painful recovery by relying on his Muslim faith, which also led him to forgive Ströman. “I decided that his is a human life, like anyone else’s,” Bhuiyan said. “I decided I wanted to do something about this.”
Zechariah 7:9 instructs us to “administer true justice” and “show mercy and compassion to one another.”
What do you think?
• Should death row inmates have access to one-on-one pastoral care?
• Should they have the right to sue for it?
• Is it just for a judge to overturn a jury verdict in favor of death, especially in light of evidence that the murderer was mentally damaged in service to his country?
• Does a murderer’s humanity require that society show him the mercy he failed to show his victims?
• Where do justice and mercy meet when it comes to the death penalty? What do you think?