Lynchings, Poverty and Executions

I'm only recently back from my annual pilgrimage to Gerry Spence's Thunderhead Ranch near Dubois, Wyoming.  Sara and I went for the capital punishment seminar.  Sara is returning as an intern for the Trial Lawyer College this summer.

I have attended since 2001.  The top defenders in death penalty cases come from around the country to work on their cases.  

A week of death is not exactly a cheery prospect, but the weather is cool, the surroundings are peaceful.  Because there is no internet or cell phone access, we have an enforced isolation that allows reflection.

This is a very unselfish group of lawyers.  Lawyers in other fields often hide their secrets of success.  Professional jealousy and the competition for clients may result in protecting what little is known to make sure some other lawyer doesn't get the case.  Capital punishment defense lawyers do not do this.  No one ever knows if the next case is the one that will result in the type of melancholy that ends a career.

So skills and ideas are shared freely, making it an easy field to enter.  And of course poverty and crime are a growth industry.

One interesting discussion is the relationship between slavery and the death penalty.  States with a legacy of slavery are far more likely to have the death penalty.  To the extent the lynchings were used to enforce slavery and then Jim Crow laws, those areas continue with the death penalty.  A map provided to me by my scholarly friend, Phillip Cowen, darkens the counties that had lynchings; Phillip argues there is a correlation between the lynchings in past and legal executions today.  Cameron County is of the darkest color.

Why would either be necessary?  I think they are rational.  If you want to terrorize an underclass to keep them from challenging people in power, lynchings and legal executions are a tool in the arsenal.    Because Cameron County has an extreme divide between rich and poor, we would expect many death sentences.  And we get them.