Running head: ECHOLS AND FIVE COMPONENTS 1

Echols and Five Components Surrounding Capital Cases in the U.S.

Macey Culver

Eastern Kentucky University

ECHOLS AND FIVE COMPONENTS 2

Abstract

Within this paper, critical components of both discussion and debate, surrounding the capital

cases in the United States. These include, legal considerations, death row living conditions,

retribution, arbitrariness and discrimination, and miscarriages of capital justice. Likewise,

Damien Echols case study of his personal accounts throughout the capital sentencing process

will be interposed with research from online scholarly journals and other publications in order to

examine these components and support his discourse.

LWOP is an acronym for life without the opportunity of parole.

ECHOLS AND FIVE COMPONENTS 3

Echols and Five Components Surrounding Capital Cases in the U.S.

While the death penalty has been long established in America, research has shown that

the institution is not without flaws. Five critical components, including legal considerations,

arbitrariness and discrimination, death row living conditions, retribution, and miscarriages of

capital justice combine to produce a crucial need for reform and a platform of debate as many

suffer from capital punishments current shortcomings.

Legal Considerations: The Mentally Ill on Death Row

Apart from the obvious facets that decide the outcome of a case and its corresponding

punishments, such as evidence and aggravating and mitigating factors, other legal considerations

may be taken into account. Two of the most common are the age and mental capacity of the

defendant. Age has become less of a debate with the Roper v. Simmons decision that declared it

unconstitutional to sentence anyone under the age of 18 to death (Bohm, 2012, 91). While there

was a similar ruling for persons with mental retardation in Atkins v. Virginia, the execution of the

mentally retarded continues to occur (Perlin, 2013; Swedlow, 2003). In Life After Death, a

personal account of 18 years spent on Arkansas Death Row, Damien Echols reveals the

commonality of mentally retarded individuals on death row. He characterizes them by their

childlike behavior or near-complete separation from reality (Echols, 2012, 286). For example,

Nu-Nu suffered from schizophrenia and would make accusations about prison officials placing

excrement followed by loud shouts throughout the night (Echols, 2012, 287-288). Another was

J.C. who wore only boxers and kept a collection of crickets known as babies on his body

(Echols, 2012, 290). Amongst all of the inmates Echols encountered that needed medical

treatment for mental illnesses, he states that none was given unless the inmate posed a serious
ECHOLS AND FIVE COMPONENTS 4

threat to themselves, other inmates or correctional staff (Echols, 2012, 286). They would then

administer a dose of Thorazine as a short-term solution to their symptoms (Echols, 2012, 286).

There are several factors that attempt to explain the continuum of these sentences after a

Supreme Court ruling. According to Perlin in Competency to Be Executed: The Case of Mental

Retardation, mentally retarded individuals difficulties in providing assistance to their defense,

discrepancies with IQ tests, and the inability at times to show sympathy or remorse, may all

contribute to unconstitutional decisions (2013, 58-60). The Atkins v. Virginia ruling also left a

considerable gap for error, as it did not specify what constituted mental retardation in persons

(Libell, 2007, 155).

Medicate to Execute

An even more egregious circumstance is the execution of the mentally retarded. While it

is considered unconstitutional under Atkins v. Virginia to execute mentally retarded persons,

states have been known to medicate inmates in order to execute them (Swedlow, 2003). While

Echols doesnt mention the inmate by name, he does recount of the mentally ill inmate being

medicated enough to be considered sane enough to execute, after spending nearly 22 years on

death row (Echols, 2012, 292). Many scholars, including Swedlow agree that medicating inmates

in order to execute them is considered unconstitutional. First, there is a debate about whether

pharmaceuticals actually improves conditions like schizophrenia, or if masks the problem by

rendering the inmate in a state of psychosis (Swedlow, 2003, 4). Another argument against this

practice is the violation of individual rights to refuse medical treatment, and the emphasis of

states rights over individual rights, should they decide to force medical treatment (Swedlow,

2003, 5). Both are cornerstone facets in the debate surrounding the execution of the mentally

retarded.
ECHOLS AND FIVE COMPONENTS 5

Death Row Living Conditions

Once sentenced to prison, inmates, especially those sent to maximum security prisons,

encounter a plethora of physical and psychological challenges. One of the most detrimental to

survival may be the ill-provided medical care. Ross (2012), attributes poor medical care as one

of the four main factors that contribute to the inhumanity of the current prison system (309-310).

According to Ross, approximately 24.3% of state inmates stopped receiving a prescription

medication that they regularly took for an ongoing medical problem (2012, 313). Echols echoed

this in his statement about being deprived of the anti-depressant medication hed taken for 3

years, and then spent two weeks vomiting due to withdrawal (2012, 256). Echols recounts

several moments when he was denied adequate medical care, including for injuries he sustained

while in prison (Echols, 2012, 344). In the same report, Ross states that nearly one-fifth of all

inmates report acquiring an injury or medical complication since their time in prison (2012, 312).

While the inadequacy of the prison healthcare system is assuredly a significant problem

for inmates, scholars also account staff misconduct and dilapidated housing as two factors that

contribute the overall trauma of prison (Kerness, 2011, 366). In maximum security prisons,

inmates are confined to their cell 23 hours a day and must endure acute noise levels, minimal

privacy, and dirty living spaces (Bierie 2012; Haney, 2003). This coupled with harassment and

brutality by prison officials can leave inmates with adverse psychological effects, such as

hallucinations, uncontrollable rage, and anxiety (Haney 2003; Kerness, 2011). According to

Echols, many go insane while in prison. Echols states, A friend recently told me there was an

article in a national magazine about how super-max prisons drive the inmates insane. I already

knew that, because I see it every day (Echols, 2012, 336). During his time at Tucker Max,

Echols often experienced group beatings by prison guards, time in solitary confinement where
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temperatures would reach up to 120 degrees and denial of items like a toothbrush or deodorant

(Echols, 2012, 258). While there is a debate about the constitutionality of these conditions, as

Echols points out, inmates are often unsuccessful in filing civil charges (Echols, 2012, 258-260).

With the Supreme Court ruling in Gregg v. Georgia, inmates must prove that prison officials

deliberately and with harmful intent, knew about and ignored this conditions. (Newman, 1992,

987). The conditions must also be disproportionately severe to the crime committed (Newman,

1992, 989). In Estelle v. Gamble, Justice White stated that poor conditions are expected as part of

ones punishment (Newman, 1992, 993). While rulings like Gregg v. Georgia may be well-

intended, the difficulty of establishing wrongful intention of prison officials may often prove

difficult.

Retribution

With a movement towards the abolition of the death penalty both internationally and in

numerous states within the U.S., one aspect of the current debate is the purpose of the death

penalty (Bohm, 2012, 117, 267). Popular reasons for the death penalty include deterrence-that it

prevents others from committing similar crimes, incapacitation, and retribution. With

incapacitation, many jurors thought the death penalty was the only way to keep the person from

reentering society. Many had a misconstrued idea despite an LWOP sentence, inmates could be

eligible for parole (Bohm, 2012, 269-270). In relation to deterrence, there is inconclusive

research about whether the death penalty has a general deterrent effect, as it is difficult to

measure if persons would have committed a capital crime if the death penalty was ruled

unconstitutional (Bohm 2012; Knorr 1979). Therefore, retribution is the main support for the

death penalty among U.S. citizens (Bohm, 2012, 303). According to Lippke (2003), retribution

serves as a way for society to (a) take away the meaning associated with a crime and (b) to
ECHOLS AND FIVE COMPONENTS 7

restore the unfair advantage gained by the person over the victim (128). Therefore, the moral

right is restored within the society. Arresting Echols was a way to restore justice to the family.

At his trial, the father of one of the victims started screaming and attempted to run up the aisle

before being tackled by officers (Echols, 2012, 229). In sentencing him to death, despite his

wrongful conviction, it provided the victims family with a sense of restoration of justice.

This was also a popular theory of Emile Durkheim. Durkheim claimed that crime was

constructive in that it reaffirmed and solidified the right and wrong behaviors for that society

(Ziyanak, S & Williams, J.L., 2014, 2). Prior to be arrested, Echols was approached countless

times by investigators questioning him about satanic rituals and devil worshipping (Echols, 2012,

219). When satanism was associated with the murders, preachers began talking about the end

times and many were convinced that hell had broken loose in Arkansas (Echols, 2012, 220).

According to Echols, West Memphis is a place where difference of any kind is not accepted,

therefore, arresting Echols was a way to reaffirm community values (Echols, 2012, 229). It

reassured the community that devil worshipping was wrong and would not be tolerated in the

community.

Discrimination and Arbitrariness

A defendants social status can be an important factor in the outcome of a capital case

and is often a source of discrimination in the justice system. Rarely do those of high

socioeconomic status receive a death sentence (Bohm, 2012, 273). Echols recognizes this fact in

his own case when he states, Once they go and arrest you, youre going down unless youve got

a couple million dollars on hand to hire some real gunslingers to come to your aid (Echols,

2012, 236). Due to his lack of transportation, Echols only income was his disability check.

Therefore poverty inhibited him from hiring his own legal defense. An article in the Harvard
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Law Review notes that defendants with lower socioeconomic status, who receive a court-

appointed attorney risk receiving an attorney that is overworked, underpaid, or disinterested in

the case (The Harvard Law Review Association, 2005, 1734). This proved accurate in Echols

case where the appointed defense attorney only saw him three to four times over the course of a

year, and never had discussions lasting longer than thirty minutes (Echols, 2012, 235). In fact,

Echols removal from death row came as a result of an experienced legal team, which he

couldve afforded without donations from supporters (Echols, 2012, 320). Quality legal defense

can be expensive and without proper funds, a defendant is often disadvantaged in legal defense.

In addition to discrimination, those in opposition of capital punishment argue that it is

arbitrary in its administration. Factors such as race, gender, the quality of legal counsel, and

geography contribute more to the possibility of a death sentence than the severity of the crime

(Arbitrariness, 2013). For example, only 2% of counties produce the majority of death sentences

and executions in the United States (Dieter, 2013, 1). Most counties (85%) have empty death

rows and most death sentences/executions are carried out occur in the South (Dieter, 2013, 1).

The South is responsible for 82% of executions while the Midwest produces 12%, the West with

6% and the Northeast with less than 1% (Dieter, 2013, 5). In analyzing the activity of individual

states, its apparent that Echols geographical location influenced his probability of receiving a

death sentence. Between 1977 and 2013, Arkansas executed between 26 and 50 people

(Arbitrariness, 2013). Only 8 states executed more people and Oregon, Echols residency for a

short period, only executed 2 inmates over that time period (Arbitrariness, 2013). In one of his

journal entries, Echols lists 19 executions he could remember and notes there was probably more

hed forgotten (Echols, 2012, 311). While interacting with the police in Oregon, Echols notes the

difference in reasonableness and politeness between them and the police in West Memphis
ECHOLS AND FIVE COMPONENTS 9

(Echols, 2012, 181). When he returns to the south for his film tour, Echols experiences anxiety

attacks at the fear that I would never get out of there (Echols, 2012, 387). Echols fear was not

unjustified, as the South remains as the region with the highest amount of death sentences and

executions, convincing many scholars that death penalty is arbitrarily administered.

Miscarriages of Capital Justice

As reported by the Death Penalty Information Center (2014), 146 inmates have been

exonerated since 1973. Proportionately that is 1 for every 9 executions or between 6 and 7 each

year (Bohm, 2012; Clarke, A & Whitt, L., 2013). Research concludes that many factors, not just

one, account for wrongful convictions in capital cases. These include misconduct by police,

eyewitness misidentification, false confessions, prosecutorial misconduct, bad defense lawyers,

and judicial misconduct (Bohm, 2012; Ratter, A., 1988). Echols experiences nearly all of these

contributing factors in his trial. First, police misconduct was rampant in Echols case, especially

in the form of tunnel vision-having an original suspect and then ignoring evidence that disproves

their theory (Gould, J.B. & Leo, R.A., 2010, 851). They questioned him every single day as their

prime suspect and took a picture of him to show the community (Echols, 2012, 220). By taking

his picture and showing it to the community, the police fostered eyewitness misidentification via

suggestive identification procedures, or making the main suspect stand out from other possible

suspects (Gould, J.B. & Leo, R.A., 2010, 842). Individuals who were shown the police soon

testified of witnessing Echols participating in satanic behavior which was used as evidence in

court (Echols, 2012, 221). The police also coerced a false confession out of his friend Jessie

Misskelley (Echols, 2012, 228). In addition to eyewitness misidentification, false confessions is a

leading cause of wrongful convictions (Bohm, 2012, 224). Police often cause false confessions

by psychological coercive interrogation methods such as physical force, extensive questioning,

ECHOLS AND FIVE COMPONENTS 10

and denial of food, water and restroom breaks (Gould, J.B. & Leo, R.A., 2010, 846). While

Echols didnt confess, his friend Jessie did, whom he believed was subjected to similar

interrogation methods mentioned above (Echols, 2012, 227). Judicial misconduct and bad legal

defense also led to a wrongful conviction. (Echols inadequate legal defense is discussed in the

discrimination and arbitrariness section) Judicial misconduct occurs anytime a judge inhibits the

jury from being able to make a fair verdict (Bohm, 2012, 228). In Echols case, the judge forced

the jury to exit the courtroom when any mitigating or exculpatory evidence was introduced

(Echols, 2012, 248). Instances synonymous to these resulted in Echols, and many others to be

included in the statistics of wrongful convictions every year. Damien Echols was eventually

released from death row on a plea bargain, yet remains to be fully exonerated of his charges.

Conclusion

As reported in the research above, support for the death penalty has been waning, while

others have demanded reform across U.S. prisons. Evidence of arbitrariness and discrimination

along with miscarriages of capital justice and the execution of the mentally retarded has caused

many to reconsider the use of capital punishment. Dilapidated prison conditions and staff

misconduct, along with eye-opening personal testimonies like that of Damien Echols has created

a platform for change. Retributivism alone may no longer be a substantial reason to overlook

these five components that weigh against it.

ECHOLS AND FIVE COMPONENTS 11

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