The Commonwealth of Virginia avoided an ignoble place in American history on Tuesday when Gov. Mark Warner commuted the death sentence of convicted murderer Robin McKennel Lovitt. Lovitt, who was set to be executed tonight for the 1998 slaying of Clayton Dicks in an Arlington, Va., pool hall, would have been the 1000th person put to death since capital punishment was allowed to resume in 1976.
Warner, though, commuted Lovitt's sentence to life in prison with no chance for parole, leaving it to North Carolina to fill the next spot on the roster of those executed in the United States. Kenneth Lee Boyd is scheduled to die for killing his estranged wife and her father.
Warner granted clemency to Lovitt because a court clerk in 2001, in violating of a recently enacted law, arranged to destroy evidence in the case before it could undergo more sophisticated DNA testing that might have raised doubts about Lovitt's guilt, according to the Richmond Times-Dispatch.
The state, said Warner, "that every time this ultimate sanction is carried out, it is done fairly."
The death penalty should be abolished in America. The decision by Warner, a Democrat who has allowed 11 other executions to occur on his watch as governor, won't bring a sudden reversal, but it did highlight the potential injustice suffered by at least some inmates on America's death rows.
I had long been ambivalent about the death penalty. Some crimes, I believed, were so heinous that the death penalty was the only just punishment. But I could never get comfortable with giving the state the power to take the life of one of its citizens, no matter how despicable he or his crimes were. I had no sympathy for the killers, just little trust that the state would always get it right or always use its power to kill justly. The Lovitt case is proof of that.
I have abandoned that ambivalence in favor of moral clarity. Each life, even that of the worst murderer, has dignity deserving of respect. We may think a murderer deserves to die, but if we believe that all life is precious and deserving of all our protections, we cannot make exceptions without raising doubts about the sincerity of those beliefs.
The death penalty has contributed to the coarsening of our society by making human life a disposable commodity, just like abortion, euthanasia and murder. The fact that the condemned have a trial, followed by appeals and then more appeals, does not diminish the profound immorality of ultimately taking their lives. The death penalty is just another part of our culture of death, contributing, in part, to the creation of more killers and more occupants of America's death rows.
If we are to break that cycle and have a true culture of life, we cannot have a death penalty.
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