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September 7, 1988 EXTENSIONS OF REMARKS 22755 EXTENSIONS OF REMARKS WHO ARE THE VICTIMS OF U.S. 86 (February 19, 1923), Justice Holmes dition, there is often a dual standard for as­ CAPITAL PUNISHMENT? delivered the opinion. This action was highly sessing the value of life in the majority com­ unusual, most similar cases were disposed of munity and the value of life in the minority by local grand juries and never reached the community. The combination of these factors Supreme Court. But in this instance, according is the real reason for the higher number of HON. WIWAM (BILL) CLAY to the Negro Almanac: OF MISSOURI blacks on death row. This case was an outgrowth of an Arkan­ For example, in the State of South Carolina, IN THE HOUSE OF REPRESENTATIVES sas race riot, during which one white man 75 percent of those sentenced to die in recent Wednesday, September 7, 1988 was killed, and several people of both races years were black. Yet, not a single black were injured. Twelve blacks were sentenced Mr. CLAY. Mr. Speaker, as we consider the to death, and 67 to lengthy prison terms. served on any of the juries which convicted death penalty amendment to the omnibus Black witnesses appearing at the trial these individuals. This reality reflects what is drug bill, I must urge my colleagues to reflect were whipped until they consented to testi­ common practice throughout our entire on the history of the use of capital punishment fy against the accused. The all-white jury Nation. The only white to receive the death in our society. heard the case in the presence of a mob penalty was shamefully represented by an in­ In 1623, when some of our earliest ances­ threatening violence if there were no convic­ competent prima donna masquerading as an tions. The court appointed counsel did not tors were migrating to the new world, John attorney. As reported by David Bruck in the Donne wrote: "Any man's death diminishes ask for a change of venue, and called no wit­ nesses-not even the defendants themselves. New Republic: me, because I am involved in mankind; and The trial lasted 45 minutes, and the jury In South Carolina, where I practice law, therefore never send to know for whom the brought in a verdict of guilty after five min­ murders committed during robberies may be bell tolls; it tolls for thee." utes. punished by death. According to police re­ Many in our society, indeed many in this NAACP attorneys later applied for a writ ports, there were 286 defendants arrested Congress do not agree with the sentiments of habeas corpus in the federal courts, a pe­ for such murders from the time South Caro­ expressed by this distinguished writer. lndepth tition which was at first dismissed on de­ lina's death penalty law went into effect in studies demonstrate that the death penalty is murrer. The U.S. Supreme Court ultimately 1977 until the end of 1981. <About a third of applied in a wholly capricious and arbitrary ruled that the petition would be heard, and those arrests were of blacks charged with reversed the decision of the Arkansas Dis­ manner. Between the years 1930 and 1982, killing whites.) Out of all of those 286 de­ trict Court, with Justice Holmes stating in fendants, the prosecution had sought the 3,800 persons were officially executed in the his opinion that "* • • counsel, jury and United States. The only consistent factor in death penalty and obtained final convic­ judge were swept to the fatal end by an irre­ tions by the end of 1981 against 37. And of each case is that every victim was economi­ sistible wave of public passion • • •." those 37 defendants, death sentences were cally disadvantaged and/ or the member of a Conditions and circumstances have not fun­ imposed and affirmed on only 4; the rest re­ minority group. Poverty and race are the two damentally changed since the days of illegal, ceived prison sentences. What distinguished constant factors in the capital punishment State sanctioned lynchings. Today, the same those 4 defendants' cases was this: 3 were equation. Ethics, principles, and morality have inhumane mentality exists toward blacks and black, had killed white storeowners, and nothing to do with the State's decision to kill poor whites. were tried by all-white juries; the fourth, a people. The rich, the famous, and the influen­ In October 1983, 1,268 convicted criminals white, was represented at his trial by a tial do not suffer such harsh punishment. Ret­ lawyer who had never read the state's were on death row, 654 poor whites, 531 poor murder statute, had no case file and no ribution for these individuals ranges from ex­ blacks, 67 poor hispanics, 9 poor native Amer­ oneration to life imprisonment-and most office, and had refused to talk to his client icans, 5 poor Asian-Americans and two others for the last two months prior to the trial be­ often it is tied to an individual's wealth, fame, quietly awaited extermination. Only 30 percent cause he'd been insulted by the client's un­ and influence. of the American population is classified as successful attempt to fire him. In order to comprehend the real extent and poor, only 12 percent as black, and 56 per­ the magnitude of capital punishment in the Mr. Speaker, the effort to enact a Federal cent of blacks fall into the category of poor. If death penalty amendment to the omnibus United States, we should add the number of 100 percent of those on death row are poor black Americans who where lynched to the list drug initiative is really just an attempt to in­ and 42 percent of them are black, collective volve the Federal Government in the legal of 3,800 people who were officially executed wisdom tells us that the "bell tolls" only for by the State. Although lynching was not car­ lynchings that too many States still practice. If those who are black and poor. a Federal death penalty law is enacted, we al­ ried out in accordance with due process of the Justice William 0. Douglas wrote in the law, the State sanctioned these executions by ready know who is liable to be executed. We Furman case, "One searches our chronicles cannot pretend that this death penalty amend­ its failure to prosecute the whites who carried in vain for the execution of any member of the ment will send a single drug kingpin to the out these barbarous deeds. affluent strata of this society." Common sense electric chair. A death penalty means abso­ Since 1934, lynchings have not posed a reveals something grossly unfair about a legal lutely nothing to the heads of the international problem of national concern. Between 1935 system which subjects only blacks and poor and 1962, a mere 85 Americans were report­ whites to barbaric punishment. Common de­ drug cartels. Those who earn millions of dol­ ed as victims of lynchings. But, from 1882 to cency demands we address this abomination lars a year in the illegal narcotics trade al­ 1934, 4,736 people were lynched in the and common cause mandates that we end ready have their own armies, their own assas­ United States. Of this number, 3,362 were this injustice. sins and their own methods of justice. The blacks accused of homicide, felonious assault, If blacks were guilty of committing premedi­ only individuals who might ever be affected by rape, attempted rape, robbery, theft, and in­ tated murder in disproportionate numbers, this amendment are a handful of poor blacks sulting a white person. The official number of their more frequent execution numbers would whose ancestors were already lynched by our lynchings is probably underestimated by at have a different meaning. But, the simple truth Government and who have perhaps devel­ least 75 percent. Most lynchings never came is that blacks do not commit premeditated oped some misguided and distorted dreams to public attention and those which did usually murder more frequently than the populaltion. about how to improve themselves in a capital­ were quickly dismissed as necessary to pre­ The capricious and arbitrary punishment of ist society. The death penalty amendment is a serve law and order. black defendants underlies this higher rate of travesty to justice and it is a crime to attach it One case, typical of many others, made its conviction. Black defendants are most often to the omnibus drug initiative. I encourage my way to the Supreme Court of the United the victims of incompetent legal representa­ colleagues to defeat this misguided, distorted, States. In this suit, Moore v. Dempsey, 261 tion and discrimination in jury selection. In ad- and abominable amendment. e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 22756 EXTENSIONS OF REMARKS September 7, 1988 NEXT, A FREE-TRADE PACT effort. Sen. Bentsen's request to the Inter­ that goes beyond the issues enumerated WITH JAPAN? national Trade Commission is limited to ex­ above. The U.S. and Japan are at the fore­ amining the pros and cons of entering into front of the technological revolution, with negotiations with Japan and does not ad­ roots in the information-technology sector, HON. ROBERT GARCIA dress the substance of a possible agreement. that is having unprecedented impact on a OF NEW YORK Despite the paucity of analysis, three dis­ global scale, and for which the policy impli­ IN THE HOUSE OF REPRESENTATIVES tinct lines of reasoning in support of consid­ cations are only diinly perceived.

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