
Everyday Injustice
Everyday Injustice Podcast Episode 337: The Death Penalty’s Politics, Failures and Enduring Appeal
On Episode 337 of Everyday Injustice, host David Greenwald welcomes back Marc Bookman, legal director of the Atlantic Center for Capital Representation and author of Descending Spiral: Exposing the Death Penalty in 12 Essays, for a wide-ranging discussion about capital punishment at a moment when three executions were scheduled across the country on the same day. Bookman challenges the perception that the death penalty is undergoing a broad national resurgence, arguing that its continued use is increasingly concentrated in a small number of states, particularly Florida and other Southern states. The conversation examines recent polling on capital punishment, including Bookman’s criticism of a Pew poll that asked respondents whether they supported the death penalty without presenting alternatives such as life without parole. Bookman argues that polling produces significantly different results when people are given actual sentencing alternatives, while expressing concern that some respondents support executions despite acknowledging both the possibility of executing innocent people and the lack of evidence that capital punishment deters crime. Bookman and Greenwald also explore what decades of wrongful convictions, DNA exonerations, prosecutorial misconduct, inadequate defense representation and racial disparities have revealed about the reliability of the death penalty. Bookman argues for a broader understanding of wrongful convictions that goes beyond factual innocence to include cases in which evidence was withheld, lawyers performed inadequately or courts improperly tilted proceedings toward the prosecution. Those failures, he argues, become especially significant when the state is deciding whether a person should live or die. The episode also turns to Bookman’s forthcoming novel, Albert’s Time, which confronts capital punishment without relying on innocence as the argument against execution. The novel centers on a person unquestionably guilty of a terrible crime and follows the defendant, his family, defense attorneys, prosecutor and judge as they confront questions of vengeance, punishment and forgiveness. Bookman describes the novel as a realistic meditation on whether even someone guilty of a horrific crime should be executed — forcing readers to confront the death penalty itself rather than the easier question of whether the system might execute an innocent person.





