1. There is no way to remedy the occasional mistake. One of the witnesses against the death penalty before the Senate committee last year was Earl Charles, a man who spent over three years on a Georgia death row for murders he did not commit. Another witness remarked that, had Mr. Charles faced a system "where the legal apparatus was speedier and the death penalty had been carried out more expeditiously, we would now be talking about the late Mr. Charles and bemoaning our error."
What happens when the mistake is discovered after a man has been executed for a crime he did not commit? What do we say to his widow and children? Do we erect an apologetic tombstone over his grave?
These are not idle questions. A number of persons executed in the United States were later cleared by confessions of those who had actually committed the crimes. In other cases, while no one else confessed, there was great doubt that the condemned were guilty. Watt Espy, an Alabamian who has done intensive research on American executions, says that he has "every reason to believe" that 10 innocent men were executed in Alabama alone. Mr. Espy cites names, dates and other specifics of the cases. He adds that there are similar cases in virtually every state.
We might consider Charles Peguy's words about the turn-of-the-century French case in which Capt. Alfred Dreyfus was wrongly convicted of treason: "We said that a single injustice, a single crime, a single illegality, particularly if it is officially recorded, confirmed...that a single crime shatters and is sufficient to shatter the whole social pact, the whole social contract, that a single legal crime, a single dishonorable act will bring about the loss of one's honor, the dishonor of a whole people.