Fact suppression and the subversion of
what death penalty foes on the supreme court and in the media do not want the public to know
Lester Jackson, Ph.D.
The Federalist Society: Sotomayor Debate Comments Posted July 23, 2009
[Lester Jackson, Ph.D.] I was very disappointed that the Sotomayor hearings and debates almost totally ignored how activist justices have eviscerated the death penalty. There are few areas with so many concrete and easy-to-understand examples of how activism has harmed ordinary law-abiding citizens. I have written a detailed list of questions* based on actual specific egregious Supreme Court decisions that would shock a substantial majority if ever adequately reported (or even mentioned) by the media. No one should expect the questions to be answered honestly by any activist nominee. The main point is that they be asked repeatedly, now and in the future. Just doing so would raise public awareness of the damage caused by activist justices (including more murder victims).
Death Penalty Questions for Sotomayor
…and the Senators who vote to confirm her
By Lester Jackson Ph.D.
TCS Daily 16 July 2009
NOTE: Numbers in parentheses are pages and footnotes in the detailed paper downloadable here.
The death penalty has received little attention in the Sotomayor debate. However, when a massive 707,000 homicides in 36 years (one every 27 minutes) result in 1,136 executions (0.16%), capital punishment has been all but abolished (42-43). What remains is a costly, agonizing farce, dragging out cases for decades (48).
What they lack in popular support, death penalty opponents more than make up in tenacity, skill – and success. When a one-per-27 minutes, 36-year, 707,000 homicide holocaust results in 1,136 executions (0.16%), capital punishment has been all but abolished. What remains is a costly and agonizing farce, with a token few murderers served up to fool the public. The United States Supreme Court and other courts have played a major role, enormously aided by the media in suppressing critical information.
“The State of California may be about to execute an innocent man.”
— Judge William A. Fletcher, quoted with approval, NY Times, Aug. 14, 2009
“This Man Might Be Innocent. This Man Is Due to Die.”
— Time cover, May 18, 1992
“Virginia Executes Inmate Despite Claim of Innocence”
— New York Times headline, May 21, 1992
“The execution of a person who can show that he is innocent comes perilously close to simple murder.”
— Justice Harry Blackmun, Jan. 1993, citing Virginia execution as example
Death penalty supporters have long been frustrated by the brazen deceit of opponents on the courts and in the media. An Aug. 14 New York Times front-page putative news report featuring a May 11 decision provides what nowadays would be termed an illustrative “teaching moment.” This 1,117-word story uses just 40 perfunctory words contrary to its agenda after complaining that an order upholding Kevin Cooper’s death sentence was only 80 words.