The Innocence Project

December 26, 2017

I want to talk about people we are less used to talking about around Christmas.

Several times a year I am guaranteed to have a good cry – whenever I get the latest bulletin from the Innocence Project. Without fail they describe at length someone who spent decades in prison, sometimes on death row, for crimes they did not commit. As a human being I am always heartbroken. As an American who believes that we all have a right to liberty, I am both sick and outraged.

And once freed, what education, training or experience do they have? Did they have a chance to start a family and are any left to warm their hearts? The dislocation of freedom is immense. I’ve met men in prison afraid to come out. Those lost decades freeze the soul as they scar past, present and future. Freedom is precious. It also unravels.

I am outraged because there are too many in this country, too many with the power, to keep people in prison, even execute them, even after it has become clear that they were innocent of the crimes for which they were convicted. Justice O’Connor, bless her heart, saw that as unacceptable, although we didn’t always agree on the facts. But the Supreme Court has not yet found the character or the will to conclude that it is unconstitutional to hold an innocent person once that becomes clear, or to sit tight and deny a hearing once evidence has been found that makes it improbable that the prisoner was guilty. The Court has refused to find a right to DNA evidence when that could prove innocence. And prosecutors repeatedly do everything they can to withhold evidence that could result in justice instead of in conviction. The Supreme Court has even said that there are no penalties for withholding evidence even when it is in clear violation of constitutional obligations.

As an American, it is an understatement to say that is no source of pride. As an attorney and a human being, it is a source of disgust – and fear. A legal process that ignores justice is a threat to us all. The purpose of the Bill of Rights and of the Fourteenth Amendment is to protect us all from the abuse of law to polish the prosecutor’s reputation or prejudices instead of serving the cause of justice. Unfortunately attorneys know that the criminal process is more like a canning factory than an effort to separate the innocent from the guilty, truth from lies, and fairness from abuse.

The ACLU and the CATO Institute, otherwise often on opposite sides, come together in support of truth and accurate decision-making. But when the issue is the rights of people accused of crime or the rights of people who have been imprisoned, too many eyes glaze over, not from tears but indifference. Yet those rights, if and when they are honored, are what differentiate us from a police state where people can be imprisoned because of their politics, their parentage or their refusal to kowtow to the unreasonable demands of authorities. These are part of the central meaning of being an American.

The people whose title is Justice of the United States Supreme Court who vote most consistently to protect the right to life of fetuses are the least likely to protect life in any other context. That is hypocrisy under black robes. The behavior of callous prosecutors and unqualified Supreme Court justices is an American disgrace.

— This commentary was broadcast on WAMC Northeast Report, December 26, 2017.


Choose Life

February 28, 2017

I want to focus on a serious issue that is being ignored in favor of all kinds of fake news and grandstanding. In college, I took a course on demography. That means we were looking at the explosion of population in parts of the world, which then leveled off, but at much higher levels than before. Everything we are struggling with in this twenty-first century is related to that explosion of population.

The most significant advances in our longevity were the result of public health advances, precisely the things that people don’t want to spend on right now, on our water and sewer systems. I remember my dad asking every owner of places where we stopped for the night whether the water was potable, meaning it was drinking water from which we would not get sick. That was new in his lifetime. And by the way, my dad grew up in Brooklyn, in New York City, using an outhouse. Sure many of us have used outhouses at one time or another but they are not the best protection for public health in large communities – septic systems take lots of space.

After water and sewer systems, penicillin probably made the biggest difference – it’s probably why I’m talking with you today but never met my sister who died at the age of three before the discovery of penicillin. Those advances added decades to our lives by comparison to very short advances from modern medicine and surgery.

And they are a large part of the problem of global warming. There are lots more of us burning things, driving cars, using electricity, getting what we need for business or pleasure from the furthest corners of the world. That takes energy. Energy has been produced by burning things. And so the world gets hotter, the oceans expand, tropical diseases proliferate, and life threatens to get nasty, brutish and short once again. And efforts to mitigate that will be overtaken if population continues to expand – worldwide it’s doubled in my lifetime.

So when I hear about advances in medical science, like the possible elimination of malaria, I think how wonderful for the likely victims, and then I wonder about the global impact. There is no free lunch. We can make lots of advances. But the world has its limits. More people will put more stress on the environment. And stress on the environment is already heading us toward the next major extinction – us, human beings, our children and grandchildren.

And so I think there is a trade-off between our health and our numbers. There is no human life after we are extinguished – only death and tears. So let’s be clear, I am very pro-life, but to be pro-life demands support for birth control, especially the kinds that prevent conception.

There is no so-called pro-life position that is not also a position about death. It seems to me that The Church and all houses of worship, must rethink their positions about death and destruction along with their positions about conception. The two are intertwined by laws well-beyond our ability to control. Yes the Bible says choose life, all our bibles say that in some form. But are we choosing life if we ignore the reality of death, destruction, and extinction?

— This commentary was broadcast on WAMC Northeast Report, Feb. 28, 2017.


The Earth will have its Revenge

March 15, 2016

One of the major drivers of global warming is the greenhouse gases we emit by burning fossil fuels. Another major driver of global warming and one of the ways in which we are making our earth unsustainable for human life is the population explosion. When I was young the earth’s population was around 3 billion. It has more than doubled. When we talk about the growth of population, the crucial issue is about the time it would take to double. Population can double in as little as a generation. We are on the way to an earth with 12 billion people and counting. The devastation that is causing and will cause is incalculable and will make the earth inhospitable in short order, contributing to the overuse of water, the over fishing of the oceans, the deforestation of the jungles, the overuse of carbon based fuels even while we try to flush them out of the atmosphere and every other form of damage to the earth we depend on.

That makes population policy a tremendously important issue worldwide. Years ago we used to talk about ZPG, zero population growth. The idea had been talked about for centuries but a best-selling book, The Population Bomb, written by Stanford Professor Paul Ehrlich and his wife, Anne Ehrlich, helped make it a movement in 1968. Just a few years later, the movement was hijacked by the national battle over abortion. But population growth did not suddenly become unimportant. It remains at the root of the unsustainability of the world we inhabit.

We have a choice, we can curb the growth of population voluntarily, or an angry earth will do it to us, reducing our children and grandchildren to refugees, beggars, and marauders and leaving them to die of thirst and starvation or gasping for oxygen, if they are not killed by armed bands looking for the scraps of the earth.

Naysayers like to point out that Malthus’ prediction of worldwide starvation has not yet come true. But the evidence that Malthus’ prediction is coming true is all around us. Lands once fertile are becoming deserts. Trees once crucial to a sustainable atmosphere are being chopped down at alarming rates in the southern hemisphere with worldwide consequences. Fish stocks have been shrinking and even more important, the coral reefs that are at the base of the oceanic food chain are dying. May Malthus rest in peace, but we are seeing what he feared. Human beings have never been good at listening to prophets. Those of us living now can’t claim we were not warned. We can only claim that too many people scoffed as they scoffed at the prophets of old. The earth will have its revenge.

I do not want to treat abortion as part of this problem because it raises so many separate issues and debates. But I do want to treat almost every other method of birth control as very much part of the issue. Whatever your faith, we have an obligation to life, to treat our world with the respect it deserves. Religious proclamations about populating the earth made thousands of years ago have been accomplished, and must now be subordinated to religious and secular claims about life, about treating each other as required by the Golden Rule, about protecting the soil and the air and the water that give us all life. There is no escape from that injunction. Or the earth will have its revenge. Make sure the people you elect start protecting us from world-wide disaster.

— This commentary was broadcast on WAMC Northeast Report, March 15, 2016.


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