Connect with us

Hi, what are you looking for?

Opinion

Opinion | The cost–benefit analysis of mercy in capital punishment

The political calculus can be unforgiving: show mercy and risk criticism; refuse and face little political consequence.

Sonny Burton

Charles “Sonny” Burton, a 75-year-old man on Alabama’s death row, is scheduled to die in the state’s gas chamber on March 12 unless Governor Kay Ivey intervenes.

Over the past several weeks, I have come to a bleak conclusion: I do not believe the governor plans to commute Burton’s sentence.

In politics, showing mercy can carry little political reward and considerable political risk.

A governor who grants clemency in a capital case rarely gains political support. More often, the decision is portrayed as weakness, particularly in states where “law and order” remains a powerful political theme. The political calculus can be unforgiving: show mercy and risk criticism; refuse and face little political consequence.

That reality may help explain why clemency in death penalty cases is so rare.

Governor Ivey has served Alabama for decades and is nearing the end of her public career. She is not campaigning for another office, and there are few voters left for her to persuade. From a strictly political perspective, intervening in Burton’s case offers little obvious upside.

But mercy has never been about political advantage.

Advertisement. Scroll to continue reading.

Burton is now an elderly man whose life will end in a prison chamber if the execution proceeds. Whatever one believes about the death penalty, the decision to end a human life remains the most profound authority a government can exercise.

That authority demands not only justice, but reflection.

During my years teaching in Alabama public schools—including several in Elmore County—I often saw how easily young lives could drift toward trouble. Some students faced overwhelming obstacles long before they reached adulthood: poverty, instability at home, and schools that struggled to meet their needs. It was impossible not to notice how frequently those burdens fell hardest on the most vulnerable children.

Over time, I came to believe that the line between the classroom and the prison system can be tragically thin for some young people.

That experience has shaped how I think about punishment and mercy.

The death penalty itself remains deeply controversial in America. Supporters believe it delivers justice and closure. Opponents argue that it risks irreversible mistakes and fails to reflect a society capable of compassion. Even those who support capital punishment acknowledge that the system is extraordinarily expensive and complicated.

Studies have repeatedly shown that pursuing and carrying out death sentences can cost states far more than keeping someone imprisoned for life. Appeals, legal proceedings and the extensive safeguards required in capital cases create a process that can stretch for decades.

Advertisement. Scroll to continue reading.

In other words, capital punishment is not only morally weighty; it is also complex, costly and fraught with uncertainty.

But the question facing Governor Ivey now is not about the entire death penalty system. It is about a single decision: whether to allow one elderly man’s execution to proceed or to grant clemency and allow him to live out the remainder of his sentence in prison.

Clemency does not erase a crime. It does not reopen a trial or overturn a conviction. It simply recognizes that, in rare circumstances, the state may choose mercy over finality.

Governors throughout American history have occasionally used that power when the moment called for reflection rather than retribution.

That decision is never easy. It requires setting aside political calculations and considering something deeper: the values a society wishes to validate when it holds another human life in its hands.

In the end, I fear Governor Ivey will allow the execution to proceed.

Despite the letters, the vigils, the lawn signs and the many voices asking for mercy, I suspect the machinery of the state will continue forward as it has so many times before.

Advertisement. Scroll to continue reading.

Still, I hope I am wrong.

Because sometimes the most powerful act a government can take is not punishment, but mercy.

Linda Fisher, a lifelong Alabamian and longtime Prattville resident, is a retired public school teacher and novelist. She serves as corresponding secretary for the Alabama Resisters chapter of Indivisible.

Advertisement
Advertisement

More from APR

Prisons

More than 60,000 signatures were delivered, urging clemency for the inmate who sits on death row because of a crime he did not commit.

Governor

Governor Kay Ivey reminded college students to apply by Friday for a nine-week summer internship program within the state’s executive branch.

Governor

Governor Kay Ivey signed legislation Monday closing legal gaps that allowed some impaired drivers to face lighter sentences for fatal crashes than injuries.

Opinion

Speaker Ledbetter is an outstanding speaker of the House, and no doubt, Alabama is better thanks to his service.