| DOING ONE'S DUTY | |||
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The unstated
theme of the book and the one missed by the movie is: all participants
in the death penalty process feel that they are doing their duty. The
word is duty, "I'm only doing my job," as duty is
sometimes paraphrased. "I'm doing my duty" is what is meant. •The arresting officer in obtaining the confession that is later used to seal the decision that the accused person will be tried and given a death sentence rather than offered a life sentence, was only doing his duty when he added the words to the confession, "I'm glad I killed the old man." •The prosecutor who decided to seek the death penalty was only doing his or her duty. •The juror who voted for the death sentence was only doing his or her duty. •The judge who was in charge of the trial was only doing his or her duty. •The post-conviction judges were only doing their duty. •The warden at the prison was only doing his duty. •The pardon board was only doing its duty. •The guards at the prison who strapped the person to the execution instrument were only doing their duty. •Yes, the executioners too, were only doing their duty. And so the story goes. All of the performers were only doing their duties. We must understand this "duty" aspect of the death penalty in trying to change conduct. What is any person's duty? Who assigns that "duty?" What obligation does a person have to challenge their "duty?" What is our "duty?" What can we do to determine if the constraints placed upon our "duty" were defined fairly? How should we challenge these constraints? How do we reject and cast off these constraints? How do we redefine "duty" to reject the lockstep obedience to politician-created legal mandates and to embrace the need to confront and challenge the politician-created system? Our duty as lawyers, our duties as people closely associated with the criminal justice system are clearly defined. As criminal defense lawyers, our duty is to make meaningful to the whole of society the protections of the Constitution. Our duty as criminal defense lawyers is to protect the people from the powers of government. This protection provided to one member of our society guarantees that such protection extends to all members of our society. The duty role assigned us needs to be revisited. Our duty does not restrict us within the four walls of the courthouse. It does not restrict us to within the four corners of a document written by a black robed politician. It does not restrict us to the workings of the political process. If we perform our duty, the other actors in the death penalty process will perceive their duties differently. Our duty is to reduce the PACE to ZERO.
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