Inside
the U.S. Military's Judicial System
Death Row
at the "Castle"
By Joe Allen,CounterPunch, Weekend Edition, 6-7 May, 2006
Inside the U.S. Military's Judicial System Death Row at the "Castle" By
Joe Allen,CounterPunch, Weekend Edition, 6-7 May, 2006
In late January, the Department of the Army issued a set of regulations
governing the U.S. military's use of the death penalty. "This publication
is a major revision," said Sandra Riley, an administrative assistant to
the secretary of the army. "This regulation establishes responsibilities
and updates policy and procedures for carrying out a sentence of death as
imposed by general courts-martial or military tribunals." This
"little-noticed move," as the Reuters news service described it, is the
first public announcement by the military of a policy that it has been
quietly implementing for several years-slowly placing soldiers on its
version of death row.
While the civilian death penalty is coming under greater scrutiny and
several states are considering a moratorium on executions, the U.S.
military is gearing up to carry out its first execution since 1961. The
death penalty was restored in the U.S. military in 1984, but it is only
recently that death sentences for American soldiers related to the war in
Iraq have been imposed. In March 2005, Sgt. Hasan Akbar was sentenced to
death for the "fragging" death of two officers in Kuwait on the eve of the
Iraq War in March 2003. National Guard Sgt. Alberto Martinez also faces a
possible death sentence in another fragging case stemming from the death
of two officers in Iraq in June 2005. The military is clearly testing the
waters to see what it can get away with.
The totalitarian world of "military justice" would even shock opponents of
the civilian death penalty. Last year, Irene Khan, secretary general of
Amnesty International, described the treatment of Arab and Muslim
prisoners at the U.S. naval base in Guantánamo Bay, Cuba, as "the gulag of
our time." A similar gulag also exists for rank-and-file soldiers who get
entangled in the spider's web of the military justice system, especially
for those facing the death penalty. The shrouded world of American
military injustice needs to be exposed for all to see.
The "Castle"
For millions of Americans just hearing the word Leavenworth jolts
something in the back of the brain, producing an uncomfortable feeling of
dread. For the many thousands of soldiers, who have been incarcerated over
the years at the military prison at Fort Leavenworth, it is known by the
nickname the "Castle." Castles, of course, have dungeons full of hideous
instruments of torture. The military's death row is located in the
basement of the U.S. Disciplinary Barracks (formerly known as the U.S.
Military Prison) at Fort Leavenworth, Kansas. While hanging was the
preferred form of execution for most of its history, lethal injection is
now the method employed.
The Castle is the only long-term prison operated by the Department of
Defense, as distinct from prisoner-of-war (POW) camps that were meant to
operate only during wartime. The prison was established by an act of
Congress in 1874 and has been in continuous operation since 1875, when the
Castle was built by prisoners from gray stone blocks cut from the bluffs
above the Missouri River. A new modern prison was completed in 2002. It
incarcerates members from all branches of the armed forces-the U.S. Army,
Navy, Marines, Air Force, and the Coast Guard.
The last prisoner to be executed at the Castle was African American Army
Private John Bennett, by hanging, in 1961. The last American soldier
executed during wartime for desertion was Private Eddie Slovik, shot by a
firing squad in Europe in 1945. In both cases, the hero of that war and
beloved president, Dwight D. Eisenhower, signed the death warrants-the
first time as the supreme allied commander in Europe and the second time
as president of the United States. There is a perception that Slovik was
the only American soldier executed during the Second World War, but there
were dozens of others. One hundred thirty-five soldiers have been executed
by the U.S. military since 1916.
Currently there are eight men on death row at the Castle: six
African-Americans, one white, and one Asian of Filipino descent. There are
no women on military death row. These numbers are all the more stark when
it is recalled that Black men make up 6 percent of the entire U.S.
population, and that Blacks as a whole make up 30 percent of enlistees.
The only white inmate on death row is the former senior airman Andrew Witt
convicted last October for the double murder of two people in the summer
of 2004. To say that racism plays a role in who gets death in the military
justice system is an understatement.
While some may argue that the small number on the Castle's death row
doesn't allow us to draw any definitive conclusions about the role of race
in sentencing, the numbers parallel racial disparities in sentencing
outside the military and are no accident. As Russian revolutionary Leon
Trotsky wrote many years ago in his History of the Russian Revolution, "An
army is always a copy of the society it serves-with this difference, that
it gives social relations a concentrated character, carrying both their
positive and negative features to an extreme." The extreme racism, sharp
class divisions, and corrupt judicial system of U.S. society are starkly
reflected in the American military today. Currently, 75 percent of federal
death row prisoners are non-white, while 43 percent on death row
nationally are African American. It's not surprising, then, that the
racial disparity on military death row is far greater.
Last man executed
This becomes abundantly clear when looking at the last man executed by the
U.S. military-Private John A. Bennett. He was executed at the Castle in
1961 for rape, a crime that is no longer punishable by the death penalty
in civilian courts. Bennett's case is a stark example showing the wrong
then and now of the death penalty, in civilian life and in the American
military.
Bennett came from an extremely poor Black Virginia sharecropping family;
he dropped out of school at an early age. His family had a long history of
mental illness-his grandfather and great-uncle were both
institutionalized, and his first cousin committed suicide. Bennett was
later diagnosed with epilepsy. Throughout his life he complained of
dizziness, chronic headaches, and blackouts. He joined the army in the
early 1950s and was assigned the dirtiest, hardest, and most dangerous
jobs, which Blacks were traditionally given in the military, working first
as an ammunition handler and then as a truck driver.
According to the few documented accounts of his life, John Bennett had no
trouble in the army until December 1954, when he was charged with raping
an eleven-year-old white girl in Austria, where he was stationed. Because
Bennett was an active duty GI, and because of treaties signed by the
Austrian and U.S. governments, the U.S. Army tried him rather than the
Austrian courts. Such treaties have been the focus of protest and
opposition wherever American forces occupy a country. Had Bennett been
tried in an Austrian court, he would certainly not have faced death, the
death penalty having been outlawed there in 1950.
While the evidence presented against Bennett seemed overwhelming, he
always claimed he had been forced to confess at gunpoint. What is not in
dispute is that his court-martial, held in Austria, lasted only five days.
His defense counsel didn't put up much of a fight, issues of mental
illness were dismissed as irrelevant, and the jury deliberated for just
twenty-five minutes before finding him guilty. He was eventually sentenced
to death by hanging and moved to the Castle to await execution.
The issues surrounding Bennett's conviction come into sharper focus when
his fate and those of other Black defendants are compared to white
defendants charged with similar or worse crimes during the Eisenhower era.
According to Los Angeles Times reporter Richard Serrano:
During the six years between [Bennet's] trial and death, eight other
soldiers were executed, all of them Black. Six white prisoners were on
death row during those years. Some had killed little girls or had killed
more than once. None were executed. President Dwight Eisenhower commuted
the sentences of four. Two were spared by the courts.
"In the 1950s," explains Serrano, "black soldiers routinely were hanged
while whites were spared. Between the passage of the Uniform Code of
Military Justice in 1950 and the suspension of military executions in
1961, eight of the nine soldiers put to death were black; one was white."
The military was one of the few integrated institutions in 1950s America,
and because of this was held in relatively high regard by many African
Americans. During the Vietnam War, however, the racist treatment of Black
soldiers by the military's judicial system would become a major political
controversy.
A last-ditch effort was made to get clemency for Bennett from the newly
elected Democratic President John F. Kennedy. Despite the opposition to
the death penalty by key Kennedy advisers and pleas from Bennett himself,
his family, and the family of his victim, Kennedy allowed the execution to
go ahead in April 1961. For a president who had been labelled a civil
rights supporter, his inaction may seem odd, but after several foreign
policy failures, his new administration was already seen as weak. Even
more importantly, Southern supporters of Jim Crow dominated his party.
Kennedy wasn't going to open himself to further attack by taking a
courageous stand in the Bennett case. His handling of the Bennett case may
remind many of a political controversy in 1992, when the then-governor of
Arkansas and Democratic candidate for president Bill Clinton, allowed the
severely brain-damaged Ricky Ray Rector to be executed, to prove that he
wasn't "soft on crime."
Who gets death in the military?
"It is one of the ironies of patriotism," declares Robert Sherrill in the
opening of his searing 1970 book Military Justice is to Justice as
Military Music is to Music, "that a man who is called to the military
service of his country may anticipate not only the possibility of giving
up his life but also the certainty of giving up his liberties." The Bill
of Rights doesn't exist in the military. Military justice has never been
about "justice"-that is, the most elementary efforts to protect the rights
of the individual, the presumption of innocence, a jury of one's peers, or
a fair and speedy trail. It has always been about one thing: discipline,
the power of the officer corps to command and control soldiers, which has
been upheld by the Supreme Court time and time again. Chief Justice Earl
Warren said the military was "an enclave beyond the reach of the civilian
courts." This "enclave" has had a predictable record of injustice.
During the First World War, millions of Americans for the first time
served in the various branches of the armed forces, including a large
number of Black soldiers who were stationed in Southern military bases
near large cities. At Fort Bliss in Texas, Black soldiers protested the
constant harassment by the white officers and soldiers. In 1917, several
Black soldiers protested their condition by not reporting to a drill
formation and were court-martialed for mutiny, found guilty, dishonorably
discharged, and sentenced to ten to twenty years in Leavenworth. A
full-scale rebellion broke out in late August 1917, in Houston. Over one
hundred Black soldiers from the highly decorated Third Battalion of the
Twenty-fourth Infantry marched with their weapons on a police station
holding imprisoned comrades, believing them to have been beaten or killed
by the police. In the battle that ensued, fifteen whites (five of them
cops) and four Black soldiers were killed. In December 1917, sixty-three
Black soldiers were court-martialed with forty-eight sentenced to long
prison terms and thirteen sentenced to death. According to Luther West,
veteran military lawyer and critic, "Two days after the completion of the
trial, and some four months before their records of trial were received in
Washington, D.C., for 'appellate' review, the thirteen Blacks sentenced to
die were executed."
During the Second World War, the same backward, racist, and arcane system
of justice prevailed in the U.S. military. Alvin "Tommy" Bridges, a
military policeman during the war and a future police chief, recounted his
very bitter memories of "military justice" to Studs Terkel in the Good
War: "They shot some of those same guys up there that were-if you'd go to
a municipal court, they'd dismiss the case. Depending a lot upon the
commanding officer."
Near the end of his narrative, Bridges makes clear the extent of summary
"justice" and who was responsible:
Eisenhower says that's the only guy [Eddie Slovik] that was ever executed
for it [desertion]. That's what burns me up, when a gross of them that I
know were executed for probably more minor things than what Slovik was.
They said he was the only one. We had to make a show of it. The
son-of-a-bitches.
Eddie Slovik was a Polish working-class kid from Detroit who had a minor
criminal record and spent some years in a youth reformatory. His draft
classification was originally 4-F (unfit for military service) and
therefore not eligible to be drafted. He married and got a decent paying
job in the auto industry, whereupon he was reclassified 1-A. The army was
then drafting anybody it could get its hands on in preparation for the
invasion of Europe. It was also clear that Slovik couldn't kill a living
thing and was terrified of combat. In his "confession" after he deserted
he said, "I'll run away again if I have to go their." (He misspelled
"there," and by "there" he meant going into combat). Over 40,000 other
deserters tried by lesser courts-martial were punished by confinement to
disciplinary centers or dishonorably discharged. Another 2,864 were tried
by general courts-martial. Most were sentenced to long terms in prisons
(many left prison soon after the war was over), but forty-nine were
sentenced to death. All the sentences for desertion were commuted except
Slovik's.
Slovik's story is recounted in William Bradford Huie's book The Execution
of Private Slovik. Why Slovik? It seems likely that the reason Slovik was
singled out was because he deserted at the time of stiffening German
resistance in late 1944, when the Allied forces came dangerously close to
collapsing on the Western front. Yet, curiously, the army never publicized
his execution beyond his company, never told his wife, and buried him in a
secret cemetery. It would be nearly a decade after Slovk's death before
Huie began investigating the strange circumstances surrounding it. Despite
the efforts of many people, Slovik's wife never received the paltry
$10,000 plus interest she asked for in GI life insurance. Slovik's remains
were finally returned to the U.S. in 1987, to be buried beside the grave
of his deceased wife.
While many people believe that Slovik was the only American soldier
executed during the war, that is not true. Many were executed on charges
other than desertion, and African American soldiers once again bore the
brunt of these executions. During the war, the United States virtually
occupied Great Britain, and the Visiting Forces Act (VFA) gave exclusive
power to the American military to prosecute American soldiers for criminal
acts committed in Britain. Among the criminal acts that could be punished
by death was rape, which was not a capital crime in Britain. Authorities
and vigilantes in the Jim Crow South used the charge of rape in particular
to persecute and terrorize Black men. Most charges of rape by white women
against Black men were fabrications. Guilty or not, Black men were lynched
or sent to the gallows or electric chair, while few white men suffered the
same fate. Of the sixty-two men executed by the state of Georgia for rape
between 1930 and 1977, for example, only four were white, and the rest (94
percent) were Black.
Jim Crow segregation was transferred to Britain during the war by the U.S.
military, replete with segregated bars, clubs, theaters, barracks, even
whole towns. When Black heavyweight champion Joe Louis toured Britain in
early 1944, he was told he had to sit in a "special" section-colored only.
Louis exploded, "Shit! This wasn't America, this was England. The theatre
manager knew who I was and apologized all over the place. Said he had
instructions from the Army." The U.S. military carried out seventy
executions from 1942 to November 1945 in Europe, and of these fifty-five
were Black, 79 percent of those executed. Eighteen of those executions
took place in Great Britain, with nine convicted of murder, six of rape,
and three of both. Of the eighteen executed, eleven were Black, three were
Latino, and four were white. Yet Blacks made up only 8 percent of U.S.
military forces stationed in Europe during the war.21 According to
historians Robert Lily and David Thomson, the sentencing disparities were
based on class as well as race:
Whites represented 27.8 percent of the executed soldiers, with
African-Americans accounting for 55.56 percent, and Mexican-Americans the
remaining 11.1 percent of the 18 casessoldiers of color are selected far
beyond their share of the ranks for this ultimate sanction. The executed
men were overwhelmingly from the lowest rank(s)many of them uneducated,
and suffering from a mental disorder or other mitigating factors. No man
above the rank of corporal was executed. This suggests that the military
do not punish randomly, but selectively, especially to its lowest ranks,
and most socially disadvantaged.
Things actually got worse after the war was over. "After President Truman
ordered an end to the armed forces' segregation in 1948," according to
journalist Dwight Sullivan. "This racial disparity actually increased. The
military carried out 12 executions from 1954 until the most recent one in
1961. Eleven of the 12 executed service members were African-American."
Why? One can only speculate, but the answer may be that it was one way
that the officer corps of the U.S. military expressed its opposition to
desegregation by deepening the persecution of Black soldiers in its ranks.
Out of the clamor came the Uniform Code of Military Justice (UCMJ), which
Congress passed into law in 1950. The separate services would no longer
each have their own judicial system but one that would govern all. The
code still included capital punishment. While there were changes, such as
the defendant's right to a trained lawyer, or a civilian lawyer, a jury,
the presence of enlisted men on courts-martial, and a right to appeal
court-martial verdicts, the content remained the same. As the case of John
Bennett and the increase in the proportion of Black soldiers executed
shows, these changes meant very little. It was still a system dominated by
the officer corps. As veteran army lawyer and critic, Luther West, put it,
The military commander was still in chargeHe still decided what charges to
prosecute, what offenses were to be investigated, and what offenses were
to be covered up. He still picked military juriesalso picked the
prosecution and defense lawyers as well as the military judge.
These issues, however, virtually disappeared from public sight for a
decade-and-a-half until the U.S. invaded Vietnam in 1965.
The "mere gook rule"
One major political issue that arose during the Vietnam War was the sharp
contrast in the treatment of American soldiers accused of killing their
officers versus those who murdered Vietnamese civilians. The starkest
contrast was between the case of Lt. William Calley, who was accused and
convicted of the murder of Vietnamese civilians, and that of Pvt. Billy
Dean Smith, an antiwar GI, whom the army attempted to frame for the murder
of two of his officers. While they were not the only cases of their kind,
they illustrate the hypocrisy and racism of the military judicial system.
On March 16, 1968, the soldiers of Charlie Company of the Americal
Division, led by Capt. Ernest Medina and Lt. William Calley, entered the
village of My Lai. During a four-hour period the soldiers of Charlie
Company massacred around 400 unarmed, elderly men, women, and children,
including babies. A cover-up followed involving as many as thirty
officers, including the future secretary of state Colin Powell. Despite
the cover-up, the massacre became public in the fall of 1969. Eventually,
four members of Charlie Company were indicted, but only Calley was found
guilty-of killing twenty-two civilians. The court sentenced him to life in
prison at hard labor. During the time of his arrest and trial, Calley was
under "house arrest" at his apartment on base at Fort Benning, Georgia. He
had the run of the base and was treated as something of a celebrity. After
his conviction, President Richard Nixon ordered Calley released from the
stockade and returned to his apartment. Nixon eventually pardoned him.
In sharp contrast, Army Pvt. Billy Dean Smith, a Black soldier from
California, was accused of killing or fragging two officers and held in
solitary confinement for a year before his trial. Fragging refers
specifically to the killing of an officer or non-commissioned officer by
throwing a fragmentation grenade into his tent, an event that happened
usually at night. Fragging was almost always directed at officers who sent
into combat soldiers who no longer wanted to fight. In 1969, the
Associated Press reported that the army investigated ninety-six alleged
fraggings, and 209 in 1970, totaling 101 deaths. The number of fraggings
actually grew as the U.S. rapidly drew down troop numbers after 1970. Not
all fraggings were expressions of antiwar sentiment; some had to do with
covering up criminal activity (drug dealing in particular) or personal
vendettas, another sign that the army was disintegrating.
On March 15, 1971, at Bien Hoa, a U.S. Army base in South Vietnam, a
fragmentation grenade exploded-this time in an officer's barracks for an
artillery unit, killing two lieutenants and wounding a third. All were
white. The unit commander Captain Rigby and First Sergeant Willis decided
they knew who did it-Billy Dean Smith. Smith was an outspoken critic of
the rampant racism in the army and particularly objected to the segregated
bars and clubs in Vietnam. Without any evidence, Smith was charged with
two counts of murder, two counts of resisting arrest, one count of
assault, and two counts of attempted murder. Smith proclaimed his
innocence and pled not guilty to all the charges. If found guilty he would
have faced the death penalty.
Smith's lawyer, civilian Luke McKissack, went to Vietnam and investigated
the situation, and petitioned to have the trial moved to Fort Ord in
California. After a change in venue was granted, McKissack wrote directly
to the president complaining of the treatment of his client.
I wrote a letter to (then President Richard) Nixon asking him to intervene
on Billy's behalf and also asking why Calley (who had been convicted of 22
counts of murder by this time) was living it up in a bachelor type pad
while my guy, who hadn't been tried yet, was confined to a 6 x 9 cage,
seeing daylight one hour a day. I asked if it was because Billy was Black
and Calley white, because Billy was an enlisted grunt and Calley an
officer, and then I invoked the "mere gook rule." My guy had allegedly
killed white people, Calley had blown away "mere gooks."
McKissack was stunned when he received a reply from a Nixon aide agreeing
with him. "As you pointed out in your petition, the issues of Private
Smith's case are in no way similar to the issues inherent in Lieutenant
Calley's case," wrote Nixon aide General Lawrence Williams. The only
"evidence" the army had against Smith was that he had hand grenade pins in
his pocket when arrested. "I put G.I. after G.I. on the stand who not only
said they routinely carried around grenade pins, but that they also saw
what they felt was an ongoing need in their unit for drastic actions like
fragging," said McKissack.
After McKissack's vigorous defense and a campaign organized by G.I.s and
antiwar activists, Smith was acquitted on all charges. After he left the
military, Smith became an organizer for the American Servicemen's Union
(ASU), one of the most serious attempts at organizing a trade union for
military personnel. There were many more Calley-like cases, such as the
Green Beret murder case and the Son Thang massacre. What is true in all of
them is that if an American soldier murdered Vietnamese civilians, they
were far less likely to be punished, or punished very severely, for their
crimes.
The war in Iraq and capital punishment
The last soldier to be executed by the U.S. military was a mentally ill
Black soldier from a very poor family. The first soldier to be sentenced
to death during the Iraq War is a mentally ill Black soldier from a very
poor family, who also suffered religious persecution during his time in
the army. In the forty years since the last military execution nothing has
changed.
Sgt. Hasan Akbar was found guilty in March 2005 of murdering two officers
and wounding fourteen others on the eve of the invasion of Iraq; he was
sentenced to death. Akbar was born Mark Fidel Kools, but his parents
changed his name after the family converted to Islam. Like many, Akbar
enlisted in the army to help defray his college loan payments after he
graduated with an engineering degree from the University of California at
Davis. But from his earliest teenage years Akbar felt the heavy weight of
poverty, racism, and religious bigotry on his shoulders. It is even
possible that he was sexually abused as a child. According to statements
made to the press by Akbar's family, his problems seem to have gotten
worse after he joined the Army in the late 1990s, exacerbating his
loneliness and withdrawal symptoms that were noticed at a young age,
including-as revealed in his diary-his harboring of homicidal thoughts.
John Akbar, his father, testified during the court-martial that his son
claimed that other members of his platoon wore Nazi, KKK, and
Confederate-flag tattoos. "They would mock him while he prayed," the
father said. Akbar, according to testimony at his court-martial, suffered
racist insults by soldiers who denigrated his fellow Muslims on the eve of
the invasion of Iraq, and after the war and occupation of Afghanistan. His
brother Bilal left the air force soon after 9/11 for similar reasons.
After Akbar was arrested, the military police claim he voiced his fear
that American forces were going to rape and kill Muslim women in Iraq.
These very justifiable fears seem to have pushed Akbar over the edge.
"He's mentally ill," said Maj. Dan Brookhart, one of Akbar's defense
lawyers. His lawyers argued that Akbar should not have been in the army,
much less in an army invading a country whose population is predominately
Muslim.
Army prosecutor Lt. Col. Michael E. Mulligan's closing arguments are what
anyone would call thinly veiled religious bigotry. Mulligan declared, "He
is the enemy," calling his murders "Akbar's war," and that "this is the
hatred that lies in his heart." He displayed, according to media accounts,
excerpts from Akbar's thirteen-year-old computer diary on two screens
along with pictures of his victims. "Caucasians, I will kill as many of
them as possible," Akbar wrote in 1992. In 1996, Akbar wrote: "Anyone who
stands in front of me shall be considered the enemy and dealt with
accordingly," and "destroying America was my plan as a child, and as a
juvenile and in college. Destroying America is my greatest goal."
Compare Akbar's case to white soldiers who committed similar crimes but
with victims of different ranks and races. This year Sgt. Aaron Stanley
was sentenced to life in prison on two counts of premeditated murder for
the deaths of Staff Sgt. Matthew Werner and Specialist Christopher D.
Hymer in 2004 at Stanley's farmhouse in Clay Center, Kansas, about thirty
miles west of Fort Riley. "These were extraordinarily violent and
senseless murders," according to Maj. John Hamner, lead prosecutor.
Army Capt. Rogelio Maynulet was found guilty of the "mercy killing" of an
Iraqi civilian. In May 2004, when U.S. troops were pursuing suspected
militiamen supporting Shiite cleric Moqtada al-Sadr near the Iraqi city of
Najaf, Maynulet and others fired on a car, wounding the driver and a
passenger. Maynulet said he then shot the driver. "He was in a state I
didn't think was dignified. I had to put him out of his misery," Maynulet
said. Maynulet's victim was a local rubbish collector. "He was sentenced
with dismissal from the United States Army...there will be no confinement
time," a military spokesman said.
On January 21, 2006, Chief Warrant Officer Lewis Welshofer, a U.S. Army
interrogator, was convicted of causing the death of Iraqi Major General
Abed Hamed Mowhoush during a round of questioning in November 2003.
Welshofer killed him by putting a sleeping bag over the head of the Iraqi
general, sitting on his chest, and covering his mouth. A court-martial
jury of six officers decided the officer was not guilty of murder but of
negligent homicide. He was fined $6,000, given a letter of reprimand, and
confinement to base for six months.
Can there be any doubt that Akbar has been given a death sentence because
he is Black, a Muslim, and a self-proclaimed hater of the U.S. Army? That
his victims were officers insured a death sentence.
Lifting the veil on military injustice
Over the past several years, support for the death penalty has begun to
wane in the United States. A Gallup poll last fall showed that support for
the death penalty has fallen to 64 percent, from a high of 80 percent in
1994. When life without parole is offered as an alternative, support for
the death penalty drops to 50 percent. There are many reasons for this
important shift in public opinion, not the least of which has been the
release of more than 100 innocent people (some who came dangerously close
to execution) from death row since 1976. There have also been frightening
revelations of police torture, judicial corruption, frame-ups, and bad
forensics. The whole machinery of death is under more scrutiny than it has
been in a generation.
For the still relatively small number of anti-death penalty activists in
the United States, the long hard work of many years has begun to payoff.
This doesn't mean that the supporters of the death penalty are in an
irreversible retreat. The execution of Stan "Tookie" Williams by
California Governor Arnold Schwarzenegger in December 2005, despite
significant support for clemency, is one example of this. Another is the
pledge by one Republican candidate for governor of Illinois to lift the
moratorium on executions that former Governor Ryan decreed in 2000. The
fact that the U.S. military is gearing up for its first execution in over
forty years contradicts the trend, but it also represents something
deeper-the huge strain the war and occupation of Iraq is having on the
U.S. military.
Military justice has always been first and foremost about disciplining the
troops. The U.S. military is facing its biggest crisis since the Vietnam
War, with thousands of troops deserting, going AWOL, and wounding
themselves in order to avoid combat. It is no accident that, facing this
crisis of command, the military wants the death penalty restored as a
regular feature of military punishment. Antiwar activists, advocates for
soldiers' rights, and anti-death penalty activists have an opportunity to
work together, linking the criminal occupation of Iraq with the military's
unjust treatment of the men and women whom they have spent billions of
dollars turning into professional killers.
Joe Allen is a member of Teamsters Local 705 in Chicago and a frequent
contributor to CounterPunch. He can be reached at joeallen705@hotmail.com.
This article appears in the May/June print issue of the International
Socialist Review.
Source:
http://www.counterpunch.org/allen05062006.html
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