The Legal, Political, & Social Implications of the Death Penalty

March 20, 2007: David McCormack did a wonderful job of synopsizing William Wilkins distinguished career: Davidson; USC; Veteran (Colonel); legal assistant to Senator Thurmond; youngest Solicitor (and first Republican in 100 years) in SC; President Reagan appointed and current Chief Judge of the 4th Circuit Court of Appeals (5 States).

In spite of his impressive resume and current position, Judge Wilkins was quick to win the Rotarians through his story about a Sullivan Island “Genie” that paid tribute to his wife Deborah and David McCormick and a promise to the audience attributed to Elizabeth Taylor on her wedding day to her 8th husband: “Don’t worry, I won’t keep you long”:

After the opening levity, Judge Wilkins was all facts, experience, and business. He eloquently provided a US Supreme Court history on the “death penalty” and a statistically powerful snapshot of how Americans view the death penalty: 65 percent favor (today) versus 80 percent (10 years ago). It’s interesting to note we’re one of three democracies (the other two being South Korea and Japan) who still legally favor the death penalty.

As the judge, Wilkins said I’m going to entertain Q&A: I’ll ask the questions and give the answers (…”I won’t keep you long”).

1. From the Proponents view, what purpose does it [death penalty] serve?
Retribution: just punishment; social expression of moral outrage
Deterrence: never again by that person; message to the general population

2. How has it evolved today?
Murder is an aggravated circumstance; crimes have narrowed
Juries are given unlimited authority after they answer the law:
Is there reasonable doubt?
Was it aggravated?
Fact: all 12 must agree

3. What are the political implications?
In SC, it’s tough to win if you oppose
Most countries will not extradite to the US if the death penalty is involved

4. What are the social implications?
Cost: more to execute than it cost to spend life in prison
$2.2M in NC; $2.3M in TX; $114M per year in CA
SC averages 12 years of legal actions to achieve an execution

5. Does it work?
There’s no way to tell how many have been deterred, they’re not here to confirm the statistics

Judge Wilkins ended his presentation with a poignant presentation of a murder trial he prosecuted: “Yates, Davis, & Loftis …Willie Wood and his Mom.” If you missed this, ask someone in attendance to relate it to you. We have terrific speakers and this presentation is another example of why it’s worth your time to attend.

Submitted by Bill Crowe, Keyway Committee