Four activists from different religious traditions share thoughts on the challenges of
organizing against the death penalty.
By Douglas Davidson
How can we become effective advocates for Gods life-giving ways in a
society where most citizens support the death penalty? The Other Side recently
brought together four activists from different religious traditions to share thoughts on
the challenges of organizing against the death penalty.
Marshall Dayan is a North Carolina-based attorney who recently completed
two years as Chair of the National Coalition to Abolish the Death Penalty. Raised within
the conservative Jewish tradition, Marshall is now a Reform Jew who serves on the
Commission on Social Action and Reform Judaism.
Kobutsu Shindo is a Rinzai Zen Buddhist priest who lives in Ramsey, New
Jersey. He teaches Zen contemplative practice at Sing Sing prison in New York and also
publishes a newsletter for inmates.
Greg Abdur Rasheed is the area program coordinator for the Colorado
office of the American Friends Service Committee. A Sunni Muslim, Gregs involvement
in death-penalty issues has become more extensive with the capital trial and sentencing of
Timothy McVeigh in Denver.
Jennifer Johnston McKenna is a Presbyterian pastor and a member of
Citizens Against State Executions in Maryland. She has worked with the Southern Coalition
on Jails and Prisons and was one of the founding members of the Alabama Coalition Against
the Death Penalty.
We are pleased to share their conversation with our readers.
-Doug Davidson, Coeditor
How did each of you become active in opposing the death penalty?
Kobutsu: About five years ago, I was asked if I was interested in teaching Zen in
prison, and I said, "sure. So I began teaching traditional Zen practice up in
Sing Sing, New Yorkand soon began corresponding with other inmates. Before long, I
couldnt keep up with all the personal correspondence, so I started sending out a
newsletter thats now received by over six hundred inmates.
Last year, I got a letter from a guy named Freddie Parker who was on death row in
Arkansas. He was out of appeals and told me he had only two months to live. We began a
very intense relationship that lasted for five months and culminated last August, when we
spent his last day together, then walked that last mile together, and I watched as he was
executed.
That experience profoundly affected me. Ive decided to dedicate the remainder of
this life to the abolition of the death penalty.
Marshall: I was an undergraduate in Georgia in 1980, when the state was about to
carry out its first execution. Though I hadnt thought much about the issue, I
attended a vigil in a Presbyterian church across from the state capital. And as I listened
to what the state was preparing to do, I was overcome by a strong feeling of nausea.
As a citizen, I knew the blood of the man they were going to kill would be on my hands.
This execution also violated my traditional Jewish understanding that the Creator made us
partners in completing the creation. This mans death in no way helped to restore the
creation. I just sat in the church pew weeping. I felt I would have done anything to stop
it.
That night, I decided I would go to law school to represent people accused or convicted
of capital crimes. With that decision, the nausea went away.
My first case out of law school in 1986 was a Virginia death-penalty case. Ive
been representing death-row inmates exclusively since 1988.
Over the past sixteen years, Ive sometimes wanted to switch paths. This is a
brutal business. Ive had three clients executed, and I was close with all of them. I
spent all day with each of them on the day they were executed. But every time I begin to
think about getting out of this work, the nausea returns. So I keep doing this.
Greg: I wasnt really involved in criminal-justice issues until I came to
Denver in 1993 to work for the American Friends Service Committee. Various people were
working on criminal-justice issues but often in isolation. There was a need for someone to
coordinate. In September 1995, we sponsored a conference on local and national
criminal-justice issuesthe first event of this kind here in several years.
With the Timothy McVeigh trial here in Denver during the past year, we have been
increasingly focused on the death penalty. Were currently very involved in the case
of Gary Davis, scheduled to be executed in October. That would be the first execution in
Colorado since 1967. Were working hard to organize education and public-witnessing
campaigns. Were also urging local religious groups to devote a worship service to
the issue.
Jennifer: My eyes were opened to criminal-justice issues in college. I was arrested
for civil disobedience in protest of the war and was held in the city jail. I met a number
of women there, most of whom were in for prostitution. The majority of them had been
arrested by a cop who had also slept with them. I watched women pass out because the
matron in the jail wouldnt bring them medication, and I heard horrible stories about
ways the system had mistreated these women. I came out of that experience talking about
criminal-justice issues more than the war.
After college, while working with the Highlander Center in east Tennessee, I met a
woman whose son was on death row. She asked me if I would come with her to see him. I did,
fully expecting to meet some savage personbut he was a very gentle man who shared
his poetry with us.
I began working in Tennessee on the death penalty, and then went to Alabama in the late
seventies to help start a coalition against the death penalty in that state. There were
about forty people on death row in Alabama then, and I began visiting them, meeting their
families, and working to set up this coalition.
I did that work for six or seven years until they started killing people I had been
visiting for years. That was such a brutal experience. I soon felt I needed to take some
kind of sabbaticaland with my churchs encouragement, I decided to attend
seminary.
Im now serving as a pastor in Maryland, while also working with the coalition
Citizens Against State Execution. We recently had our first execution here in quite a
whileand we did everything we could. Ive also been working to get more faith
communities involved in activism against the death penalty. So many religious groups have
statements against the death penalty, but we need to translate those statements into more
action.
What teachings from your faith tradition have most shaped your own views on the death
penalty?
Greg: If you listen to the media, you might think most Muslims support the death
penalty and that Islam teaches, "an eye for an eye and a tooth for a tooth."
Although four of the five countries other than the United States that execute children are
Islamic countries, its simply not true that Islamic teaching supports the death
penalty.
The word Muslim actually means "one who practices peace." And one of
the root words of Islam is salaampeace.
Within the Koran in Sura 23:93 it says "repel evil with that which is
fairer." I believe on of the most evil things possible is for the state to kill
someone in vengeancein an attempt to make things right. That is clearly an evil that
I must oppose.
A case like Timothy McVeighs really forces you to consider how you will live out
your faith. Ive met an awful lot of people who have claimed to be against the death
penalty but feel it is justified in McVeighs case. I feel like youve got to
live what you believe. You cant say you oppose the death penalty and then make an
exception.
Marshall: I share Gregs frustration about common misconceptions. Many people
believe that Jewish tradition strongly supports the death penalty. But just as salaam
is such an important concept in Islam, the same word in Hebrew, shalom, is central
to the Jewish tradition. The call for peace is primary in both faiths.
There are certainly places in Mosaic law that call for the death penalty. But in
exploring what Jewish tradition says about capital punishment, I found that many rabbis
who have elaborated on the law have opposed capital punishment. Indeed, Rabbi Akiba, one
of the great rabbis of the second century C.E., said that if he had been in the Sanhedrin
(the rabbinic high court), no one would ever have been sentenced to death.
I think this opposition to the death penalty comes from the prophetic tradition. The
Mosaic law isnt the whole of the Hebrew Bible, its only a part. The prophets
taught that it is not the death of the sinner that God wants, but that the sinner would
make repentance, make atonement. Verse after verse within the prophets says that
explicitly.
Theres a famous Talmudic story about a rabbi besieged by robbers each day as
hes walking home. After this happens several times, he begins praying for the death
of these robbers. His wife excoriates him (which I like, since Jewish tradition is not
always great in terms of equal rights for women). She says, "How dare you pray for
the death of these robbers; you should pray that they would make atonement and turn away
from their evil ways." The rabbi changes his prayerand because he prays for
them to make atonement, they do. The idea that we are all partners with God in the
creation means that all must have an opportunity for redemption. Redemption is universal
within the Jewish traditionit is available to all of us, no matter what weve
done.
Jennifer: The same is true of the Christian tradition. Either we
believe people are redeemable, or we dont.
When Jesus was confronted with a woman caught in the act of adultery,
which was then a capital offense, he said, "let the one without sin throw the first
stone." Everyone had to walk away. IT is not up to us to judge.
The most basic message of the Christian tradition is to love your
neighbor and certainly imposing the death penalty is not a part of this love. On the
whole, the Christian Scriptures are about compassion and communitythese are central
themes. But like these other traditions, Christianity has also been misunderstood,
mistranslated, and misrepresentedoften by those who call themselves Christians.
Kobutsu: Within Buddhism, there are ten fundamental precepts, and
the first precept is "I am reverential and mindful of all life. I am not violent. I
do not kill." And that pretty well sums it up.
One of the other precepts says "I keep my mind calm and at peace.
I do not indulge in anger." Another says "I am humble. I do not praise myself or
judge others." Its quite clear.
What do you see as the role of religious communities in opposition to
the death penalty?
Kobutsu: I think religious communities are probably our only
hope for real leadership on this issue. Our political so-called leaders view the death
penalty as a way to win elections. The Governor of Arkansas, Mike Huckabee, is actually a
Southern Baptist minister, but with his signature he has killed five people in the past
year. Heres a minister signing death warrants. I think the abolitionist movement
really needs to communicate with church leadersand to work on their courage.
Greg: When I attend meetings against the death penalty here in
Denver, Im often disappointed to find that I am sometimes that only African American
there. When you think about the astoundingly high percentage of African Americans on death
row, I wish there were more of an outcry from churches, from mosques, from all religious
groups of color. But I see a real hesitancy.
I think we African Americans tend to be conservative on most issues.
There seems to be a hesitancy to step out on issues other than the "traditional"
civil-rights issuessuch as the death penalty or gay and lesbian issues.
Jennifer: I think one thing that keeps many people from speaking
out is that there is such a strong fear of violence in our communities. We must help
people deal with their fears.
Greg: Ive also been surprised that a lot of peace activists
seem to shy away from this issue. We had someone resign from the board of our local office
in Denver when they found out we were beginning to work on the death penalty. And this was
someone who was always talking about peace issues and equality.
Jennifer: Support for the death penalty seems to cross all the
borders. Unfortunately, neither liberals or conservatives can be counted on regarding this
issue. Thats why I think we must get back to the essentials of out faith traditions
and speak directly to the people in our worship placesthe people need to hear it
there.
Marshall: In Texas, executions are taking place at the rate of two
a week. I am convinced this will be happening across the United States within the next two
years.
I am terrified that the Jewish community, and indeed all people of
faith, are going to wake up one day and say, "My God, what are we doing!?" And
it may be too lateitll certainly be too late for those who have been killed.
What other issues present challenges to those organizing to oppose the
death penalty?
Kobutsu: I think we have to ask, "Does punishment workin
any form?" Thats a challengebecause its not just a problem of our
justice system, its also the way we deal with our kids. It is a fundamental question
that we have to raise.
Marshall: Theres another question the abolitionist movement
needs to confront. Herbert Haines, in his recent book Against Capital Punishment,
notes that the abolitionist community has always pushed the moral imperativearguing
"We must end the death penalty because its wrong"rather than
focusing on practical problems with the death penalty. But Haines believes peoples
fears about crime, and their identification with those who have lost loved ones to crime,
are such that this moral argument will never convince the majority of people.
Abolitionists really need to push the question of whether the death
penalty "works"does it do what its proponents want it to do? The answer is
no. It doesnt deter crimestudies show that. It incapacitates a particular
individual, but no more than does incarceration.
Jennifer: Unfortunately, many people now recognize that the death
penalty doesnt deter crime and actually costs more, yet they still favor it.
Marshall: But studies have proven that, when presented with the
option of a life sentence without possibility of parole, a majority of Americans will
support that over the death penalty. The question is whether we are willing to accept life
without parole as an alternative.
This is a huge issue that could split the movement. Many abolitionists
view life without parole as no different from the death penalty, and will never find it
acceptable. But others will say, if life without parole will stop the killing, lets
move in that direction.
As much as I long for a restorative approach to justice, if life
without parole will get rid of the death penalty, Im willing to take that
incremental step.
Kobutsu: Im working with someone on the row right now, and
Id die myself to get his sentence changed to life without parole. I think we need to
do all we can to stop this horrendous evil of the death penalty immediately, and then work
on the other issues.
Jennifer: As long as there is life, there is hope. When I first met
John Evans on death row in Alabama, he was an extremely angry and arrogant young man who
wanted to drop all his appeals and be executed immediately. But he and his mom made a
deal. She would file an appeal on his behalf. If she won, then he would believe there was
some purpose in his life, even on death row. If the appeal failed and he was executed, he
wanted her to be at peace.
Six hours before he was to be executed, Justice Rehnquist granted him a
stay. And John had a tremendous conversion experience and began to turn his life around.
He took G.E.D. tests, he started teaching other guys on the row, he started reading the
Bible. He made videotapes to help out other "punks," as he used to describe
himself.
By the time he was executed six years later, John was corresponding
with more than six hundred people. His execution at that point seemed so futile, when he
was helping so many others turn their lives around. But he had six good years.
Marshall: Most of the folks who end up on death row were abandoned
and thrown on the scrap heap long before they got into the criminal system. I certainly
have not represented anyone in my twelve years of death penalty work who wasnt
abandoned, abused, or neglected as a child. And this kind of behavior recurs in the lives
of my clients.
Mandy Welch, a death penalty lawyer in Texas, once pointed out that we who do
post-conviction work are in a position to really care about clients and get to know them.
I often feel like we teach clients about loveand some of them have never felt loved
before. And they actually begin to heal. They begin to understand what love is about.
Unfortunately, as Mandy pointed out, its usually just about the time when they start
to heal that the state kills them.
___________________________________________________________________________
Reprinted with permission from The Other Side. Please visit The Other Side
at: http://www.theotherside.org.