PENALTY

know nothing about how to conduct an investigation of the disability
or which experts to consult. In many cases, they do not have adequate
resources for expert consultation or testing.
The Alabama lawyers who represented Holly Wood, who was convicted
of the murder of his ex-girlfriend, did not present his limited
intellectual functioning as a reason he should be spared the death penalty.
It would not have been difficult. Special education teachers who
had Mr. Wood in their classes at the local school would have testified
that his IQ was probably “low to mid 60s,” that Wood was “educable
mentally retarded or trainable mentally retarded,” 50 and that, even at
the time of his trial, he could read only at the third-grade level and
could “not use abstraction skills much beyond the low average range of
intellect.” 51 Alabama executed Mr. Wood, a black man, in 2010.
with diminished mental capacity. 53 Supreme Court Justice John Paul
Stevens, who voted to uphold the death penalty in 1976, observed
before leaving the Court that there are fewer procedural protections
for those facing death, a strong probability that race influences who
is sentenced to death, and a “real risk of error” with irrevocable consequences.
He concluded that “the imposition of the death penalty
represents ‘the pointless and needless extinction of life with only marginal
contributions to any discernible social or public purposes.’” 54
The death penalty has recently been abandoned by Connecticut,
Illinois, Maryland, New Jersey, New Mexico and New York, and governors
have declared moratoriums on the death penalty in Colorado,
Oregon and Washington. 55 Perhaps there will be a re-examination of
the death penalty before too much more damage is done.
CONCLUSION
The United States promises equal justice for all in its Constitution and
its pledge of allegiance and above the entrance to its Supreme Court.
Yet poverty, race and mental impairment influence the selection of
those who will be subject to what Justice Arthur Goldberg called the
“greatest conceivable degradation to the dignity of the human personality.”
52 Finality—not justice—has become the ultimate goal of the
American legal system. Processing cases in as little time as possible—
not competent representation, equal justice or protection of the most
vulnerable—is the concern of most courts, even in cases where life and
death are at stake. Technicalities and procedural rules made up by the
Supreme Court and Congress now prevent enforcement of the Bill of
Rights in most capital cases, particularly those with bad lawyers.
However, there is growing recognition that this is not moral, just or
right. Former President Jimmy Carter, who as Governor of Georgia
signed into law in March 1973 Georgia’s death penalty statute, called
on 12 November 2013 for an end to capital punishment, because it is
being imposed on the poor, members of racial minorities and people
50 Wood v. Allen, 542 F.3d 1281, 1324 (11th Cir. 2008) (Barkett, J., dissenting) (quoting testimony
of teachers), denial of relief affirmed, 558 U.S. 290 (2010).
51 Ibid. (Barkett, J., dissenting) (quoting the testimony of a psychologist of evaluated Wood.
52 Arthur Goldberg, letter to the editor, Boston Globe, 16 August 1976.
53 “Remarks by former U.S. President Jimmy Carter at the National Symposium on the Modern
Death Penalty in America”, 12 November 2013, available from www.cartercenter.org/news/
editorials_speeches/death-penalty-speech-111213.html; American Bar Association, National
Symposium on the Modern Death Penalty, available from www.americanbar.org/groups/individual_rights/projects/death_penalty_due_process_review_project/national_syposium_death_
penalty_carter_center.html (including videos of presentations by President Carter and others).
54 Baze v. Rees, 553 U.S. 35, 83 (2008) (Stevens, J., concurring), quoting Justice White’s concurring
opinion in Furman v. Georgia, 408 U.S. 238, 312 (1972) (White, J., concurring).
55 John W. Hickenlooper, Governor, State of Colorado, “Executive order: death sentence reprieve”,
22 May 2013, available from www.deathpenaltyinfo.org/documents/COexecutiveorder.pdf;
“Gov. John Kitzhaber of Oregon declares a moratorium on all executions”, available from
www.deathpenaltyinfo.org/gov-john-kitzhaber-oregon-declares-moratorium-all-executions;
Governor Jay Inslee of Washington, “Governor Inslee’s remarks announcing a capital punishment
moratorium”, available from www.deathpenaltyinfo.org/documents/InsleeMoratorium-
Remarks.pdf.
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