By Paul Duggan Washington Post Service
WASHINGTON - U.S. states have executed 96 death row inmates so far this
year, a significant increase over last year and far more than any annual
total since the Supreme Court allowed capital punishment to resume in
1976.
The number of prisoners put to death in the 1990s rose to 476 Thursday
when a convicted murderer, Andre Graham, 29, was given a lethal injection
in Virginia. His was the 596th execution in the United States since the
resumption of the death penalty 23 years ago. And at least three more
condemned men are likely to die this week before the customary
Christmas-season execution hiatus begins.
It has been another year of death-penalty controversies, with execution
opponents pointing to high-profile cases in Missouri, Florida, Illinois
and elsewhere as new evidence that capital punishment is arbitrary,
unconstitutionally cruel and fraught with the potential for irreversible
mistakes. And yet it has been another period of capital punishment growth.
Not since 1951 have more U.S. prisoners been put to death in a single
year.
In a joint anti-death-penalty campaign begun last week, the nation's Roman
Catholic bishops and leading rabbis have vowed to lobby state legislators
and activate protest groups, hoping to infuse the opposition to capital
punishment with the fervor of the anti-abortion movement. In a similar
effort, more than 4,000 death-penalty foes - including civil rights
groups, the American Bar Association and some members of Congress - began
calling last month for a moratorium on executions.
The death penalty is on the books in 38 states, and the momentum seems to
favor its continued use.
''I'm not going to sit here and say that this is the end, it's all over,
we're all going to give up and run away,'' said Bryan Stevenson, head of
Equal Justice Initiative, an Alabama group that provides appellate lawyers
for death row prisoners. ''But it's bad, and it's going to get worse
before it gets better.''
Capital punishment supporters welcome the trend. With 250 to 300 death
sentences being meted out annually for the past decade, this year's 96
executions ''is still a tiny number,'' said Robert Pambianco, chief policy
counsel for the pro-death-penalty Washington Legal Foundation.
But, he added, it shows that the system is progressing to the point that
''an actual execution will no longer be years and years removed from the
imposition of the sentence.'' He said that will enhance what he and others
contend is the death penalty's deterrent effect on crime.
The growing number of annual executions - there were 68 last year -
reflects the graying of death rows. After years of fighting in court to
stay alive, more and more inmates who were condemned in the 1980s and
early 1990s are reaching the end of their appeals. Lawyers said that
provisions of the federal Anti-Terrorism and Effective Death Penalty Act
of 1996 that were meant to hasten the appeals process also have begun to
be felt.
New Mexico, meanwhile, is preparing for its first execution since 1960.
Terry Clark, 43, who admitted to abducting and fatally shooting a
9-year-old girl, has said he would rather die by lethal injection than
live on death row. If a judge lets Mr. Clark give up his appeals, then,
early in 2000, New Mexico will become the 32d state to put an inmate to
death since the death penalty was restored.
''Among the staff, there's a feeling of anticipation,'' said Tim Le
Master, warden of the New Mexico penitentiary in Santa Fe. Although he and
the prison's staff are determined to conduct the execution smoothly, he
said, ''The staff here is just like the public. There's a feeling among
everyone: Is this right? Is this something we should do or something we
shouldn't do? There's always that question.''
In its 1972 ruling in Furman v. Georgia, the Supreme Court effectively
threw out death-penalty laws nationwide, saying that death sentences were
being imposed arbitrarily, especially on blacks, with little or no
guidelines for what constituted capital murder. The ruling emptied death
rows across the country. Then, states began enacting tighter statutes and
repopulating their death rows with new inmates.
Today, the debate goes on: Capital punishment does or does not deter
crime; the disproportionate number of blacks awaiting executions, compared
with the nation's overall black population, is or is not evidence of a
racially skewed death-penalty system; public support for the death
penalty, consistently measured at 70 percent to 80 percent since the
mid-1980s, is or is not soft; executions are morally repugnant or a
morally acceptable form of retribution.
In 1972, public support for capital punishment had been declining for
years, no executions had been carried out since 1968, and the death row
population nationwide was about 620. Today, more states have capital
punishment laws than had them before 1972, and, at last count, the death
row population was 3,565.
Both sides in the debate agree on the current Supreme Court's
death-penalty thinking: None of the justices believe executions are
fundamentally unconstitutional.
What death-penalty foes hope is that some justices will change their
minds, as they review more and more challenges to individual aspects of
the death-penalty process.
This year, for instance, the court agreed to decide whether Florida's
notorious electric chair, with its sparks and flames, is so gruesomely
unreliable that it violates the ban on cruel and unusual punishment.