Am I the expert?

Unfortunately, an article of mine is getting some attention this week. It’s unfortunate, because it means that another woman is about to be executed in this country.

The article is cited in an excellent piece in Slate by Dahlia Lithwick, “Lady Killer.” Lithwick offers an examination of the role gender discrimination is playing in the execution of a Virginia woman scheduled for tonight. If it goes through, Teresa Lewis will be only the twelfth woman executed in the United States under the modern death penalty system (i.e. since 1977). Lithwick cites my 2000 article “Gender Discrimination in the U.S. Death Penalty System” for the argument that one of the ways that gender discrimination manifests is that, although women are rarely sentenced to death, when they are given the ultimate punishment, it is most often because their crime violated gender norms. Or, as Lithwick summarizes,

When women are sentenced to die, say experts, it tends to be for the most sexist reasons. Often, their crimes involve the murder of a spouse or a child, which comes with the assumption that they are bad mothers or unnatural wives.

The BBC has also picked up the story, pointing out that since executions of women are rare in the United States, one might conclude that any gender discrimination in the death penalty system is favorable to women. Finlo Rohrer, reporting for the BBC from Washington, cites a Heritage Foundation analyst as saying, “there is ample research women are treated more leniently for equivalent crimes.”  But my argument, as noted in both the Slate and BBC articles, is that if women are sentenced to death for crimes that would not warrant a death sentence for men, then gender discrimination is playing a role.

Lithwick concludes, very perceptively, that gender discrimination follows Lewis to the execution chamber; even her attorneys made their final pleas for gubernatorial mercy in line with her behavior in prison as it conforms to gender norms. Lithwick writes

here’s one last gender-freighted argument that has greatly moved her supporters: Lewis has reportedly been a model prisoner and has a “calming influence” on her fellow inmates, even though she is in solitary confinement and cannot see them. Lewis evidently sings to them and counsels them and has become a model of ministering to the Christian inmates. Of course this also plays into gender stereotypes: Lewis as a nurturing mommy figure, complete with soothing songs and tender caregiving. She has reverted back to the “natural woman” Phyllis Goldfarb described. When a man on death row is said to be “reformed” and thus undeserving of capital punishment, “calming” and “nurturing” are not usually the adjectives used to describe him.

In a matter of hours from the time of this writing, we will know whether any argument — discriminatory or not — has been effective at convincing anyone in a position of authority that the state of Virginia ought not kill Teresa Lewis. Whether or not those arguments are effective, it’s still worth asking ourselves why the (scheduled) execution of a woman in the United States is international news when the execution of men is rote.

links to three articles on Teresa Lewis

 

Industries of Cruelty

Less than a week after People for the Ethical Treatment of Animals employees in North Carolina faced charges of cruelty for performing anesthetized euthanasia on unwanted animals, then tossing them in dumpsters, the state’s council of commissioners had to vote on whether North Carolina’s method for disposing of unwanted citizens is properly antiseptic. While PETA’s employees were cleared of cruel and unusual behavior, it’s not clear whether the State’s death penalty will be.

For a state that condones such agricultural practices as crating pigs during breeding, forced insemination of dairy cattle to keep them lactating and debeaking chickens to bring charges of cruelty against PETA rings hollow. Nonetheless, the case focused unusual attention on an organization that sees itself as the champion of animal rights. While democratic governments ought to be the champions of their citizens’ right, the charges against the State of North Carolina aren’t flavored with the same twist of irony. Perhaps that’s because the State government has demonstrated its investment in cruelty, to both animals and people.

The singularity of the human species is ingrained in our minds from birth. One thing on which creationists and scientists can agree is that in the chain of being there is nothing else like us. Whether we descended from apes or gods, we’re special. Because of the implicit self-importance in that claim (that we, humans, are either the pinnacle of evolution or the chosen few), there is room in human consciousness (and conscience) for hierarchy. The room for hierarchy among species is what makes room for hierarchies within human society.

Of course, it doesn’t have to be this way. We could interpret our uniqueness as just a collection of attributes which says nothing about our relationship to other species. Or, if we are the pinnacle of evolution, we might see our place in the chain of being as benevolent care-takers of the earth. Instead, we interpret our phylogenetic achievements as the basis of a ranking system where we come out on top. We see ourselves as masters with dominion over all other species. Instead, we are superior, and our superiority justifies the degree to which we discount the interests of non-human animals.

The stratification of species with which we’re so comfortable creates room in our consciousness for treating people disparately based on their behavior. If people behave a certain way, if they violate norms or act objectionably, then those people forfeit their place in the chain of being, leaving them worthy only of the respect due to lesser animals.

Murder is unacceptable, whether it is carried out by an individual or the state. In either case, murders are often derivative of human imperfection. We refuse to accept that frustration, helplessness, panic, and other common feelings sometimes precipitate the most egregious interpersonal violence. And we refuse to admit that the death penalty is merely a legitimized form of retribution. Instead we say that the state is balancing the scales of justice while the incarcerated murderer is a deviant whose aberrant conduct is less than human. The state relies on its claim to superiority, which in this context is called authority, to distinguish its acts of killing as legitimate. Murderers are worthy only of our disrespect, marginalization, and dismissal. Since murderers have acted like animals, so the thinking goes, we can treat them like animals — locked in pens, waiting for slaughter.

Every way that the criminal justice system is unethical is mirrored in our industrial agricultural practices. Prisons are overcrowded places filled with penned-in, drugged-up, poorly treated people whose executions are often botched. Factory farms are overcrowded places filled with penned-in, drugged-up, poorly treated animals whose slaughters are often botched.

Some will resist the comparison between the prison industrial complex and the agro-industrial complex, but rejecting the comparison is premised on unfamiliarity with one or both of the industries. That we allow ourselves to be unfamiliar with our past and present industries of cruelty characterizes the limits of our compassion.

We would rather not know how hamburger is made, so not many of us visit factory farms. We would rather not know that we, a civilized people, have a death penalty, so we hold our executions at night and bury them deep in the bowels of labyrinthine cinder block structures.

Some say it’s time to move on and bury our sullied past in the wake of our progress. But the wake of progress smells more like diesel fumes in the wake of inmate transfer buses and is as blinding as the wake of feathers swirling behind poultry trucks.

The change has to begin somewhere. It’s exciting to see Michael Pollan’s The Omnivore’s Dilemma and Eric Schlosser’s Fast Food Nation spend time on bestseller lists. Perhaps these books can change our conception of food, challenge some of the policies that make factory farming profitable, or turn some hearts. They won’t do it alone, however. Our investments in cruelty are too tangled for any meaningful change to result from tackling symptoms instead of causes. We have to see that we will never treat cattle or hogs or chickens any better until we see that there’s something objectionable about the way we imprison people.

As these ideas percolate, perhaps we will be as discomforted by our habit or throwing away people and non-domestic animals as we were by PETA employees throwing away dogs and cats.

This piece originally appeared at OpEdNews.com and was published as an Op-Ed in the Herald Sun under the title “Institutionalizing Cruelty to Animals.”

 

Gender Discrimination in the U.S. Death Penalty System

Abstract: Although the demographics on male versus female death-row prisoners suggest that males are the criminal justice system’s primary targets, I argue that the system also discriminates against women. Utilizing contemporary feminist theories of gender, I argue that female prisoners are punished primarily for violating norms of gender correctness.

Read More

 

North Carolina needs a moratorium on executions

The Common Sense Foundation has a new public service announcement on the need for a moratorium on executions in North Carolina. At the heart of the increasingly popular moratorium effort is the fact that at least four innocent people have been sentenced to death in this state.

A moratorium is simply a pause on executions, during which time an investigative commission can examine the state’s death penalty to determine what problems it has and whether or not the problems can be fixed.

The elected local governments of thirty-five (35) cities and more than 150 prominent Republicans and Democrats in North Carolina support the call for a moratorium.

If you’d like to support the Common Sense Foundation’s moratorium efforts and see this PSA run on television, please visit their website and make a tax-deductible donation.

 

where to begin?

Wednesday, at his retrial, Alan Gell was found not guilty of the crime for which he’s spent almost 9 years on North Carolina’s death row.

Anticipating the verdict, I wondered what it would be like to hear the sweet words of justice after having so many years of my life stolen. Mistaken identity and prosecutorial corruption happen. We’re all at risk of being punished for crimes we do not commit. So, I’ve wondered before what it would feel like to be released from such injustice, to taste freedom again after such strict confinement.

Gell, pictured here with his sister (left) and mother (right), shows what it must feel like.