Killing people is always wrong | Richard Bourke | TEDxSydney

TEDx Talks
1 Jul 201513:40

Summary

TLDRThe narrator, a capital defense attorney, recounts personal and professional experiences dealing with life and death, including his wife's pregnancy complications during Hurricane Katrina and their work representing clients on death row. The story contrasts the powerlessness felt when faced with natural death versus the choice to kill made by the state through executions. It highlights the emotional and moral complexities of the death penalty, showcasing moments of humanity, compassion, and the profound impact of choosing not to take a life.

Takeaways

  • 👶 The speaker and his wife were facing a personal crisis, waiting for an ultrasound to see if their unborn child was alive during a stressful time as Hurricane Katrina refugees.
  • ⚖️ Both the speaker and his wife are capital defense attorneys, working tirelessly on a death row case while dealing with their own personal struggles.
  • 💔 The speaker describes their powerless feeling as they awaited news about their child, paralleling it with the fight to save their client, Danny, from execution.
  • 📞 Despite their efforts, Danny was executed. The speaker received a call from the U.S. Supreme Court's death clerk informing him that the court would not hear Danny's appeal.
  • 😔 The speaker reflects on the guilt of losing clients to execution, stating that despite doing everything possible, they were powerless to stop the system from killing.
  • 😢 The execution of another client, Jackie, profoundly affected the speaker, especially witnessing Jackie's final moments with his son, who was only allowed to touch his father at the funeral.
  • 👨‍⚕️ The speaker’s father, a doctor, emphasized that witnessing the natural end of life is fundamentally different from watching an execution, as the latter involves a deliberate choice to kill.
  • 🙏 The speaker shares a powerful moment of forgiveness when the mother of a murder victim chose to spare the life of her daughter’s killer, demonstrating an act of transformative grace.
  • 💡 The speaker describes the death penalty jury selection process as deeply dispiriting, as jurors must be willing to vote for execution to serve. He shares a moving story of a juror who refused the death penalty after witnessing its effect on a victim’s family.
  • 🌿 The speaker concludes by reflecting on death as an inevitable part of life but argues that choosing to kill, through the death penalty or otherwise, is wrong.

Q & A

  • What was the setting of the narrator's story in October 2005?

    -In October 2005, the narrator and his wife Christine were sitting in a corridor at a doctor's clinic in Houston, Texas, waiting for an ultrasound to determine if their unborn child was still alive. They were in Houston as refugees after Hurricane Katrina.

  • What were the narrator and his wife’s professions?

    -The narrator and his wife, Christine, were both capital defense attorneys, working for the Louisiana Capital Assistance Center in New Orleans.

  • Why were they in Houston instead of New Orleans?

    -They were in Houston as refugees after Hurricane Katrina devastated New Orleans, making it impossible for them to continue their regular work in Louisiana.

  • Who was Danny, and what was the narrator doing for him?

    -Danny was a client on death row in Texas whose execution was scheduled in a few weeks. The narrator and his wife were working tirelessly to stop his execution and save his life.

  • What was the outcome of Danny’s case?

    -Despite the narrator's efforts, the Supreme Court declined to hear Danny's appeal, and Danny was executed. The narrator visited Danny a few hours before the execution.

  • What emotional struggle does the narrator describe in relation to his wife’s pregnancy and their work?

    -The narrator felt powerless while waiting to learn about their unborn child's fate, contrasting it with the efforts they were making to save their client Danny, whose life could still have been saved. He struggled with the helplessness in both personal and professional contexts.

  • What was the significance of Jackie’s execution for the narrator?

    -Jackie’s execution deeply impacted the narrator, especially as he witnessed Jackie saying 'I love you' to his son before being executed. The event highlighted the cruelty of the death penalty, further solidifying the narrator's opposition to it.

  • How did the narrator’s father react when they discussed death and execution?

    -The narrator’s father, a doctor, had a strong reaction when his son compared watching an execution to seeing patients die. His father emphasized that there is no comparison between a natural death and the act of killing a healthy person through execution.

  • What transformative experience does the narrator describe involving Chuck and the victim’s family?

    -The narrator recalls a powerful moment when the mother of a murder victim chose to forgive Chuck, the man responsible for her daughter’s death. She met with him, hugged him, and fought to spare him from the death penalty, showing great compassion and dignity.

  • What insight does the narrator gain from his experience with death penalty cases?

    -The narrator learned that while death is inevitable, the choice to kill someone is a moral decision. He realized that choosing not to kill, even in cases involving heinous crimes, is a transformative and humane act.

  • What message does the narrator convey in the conclusion of his speech?

    -The narrator concludes by emphasizing that although death is inevitable for everyone, choosing to kill is a deliberate moral decision, and it is wrong to take someone’s life through the death penalty.

Outlines

00:00

💔 A Moment of Powerlessness and Fear

The author recounts a difficult time in October 2005 when he and his wife Christine, who were both capital defense attorneys, were awaiting an ultrasound in Houston, Texas to find out if their unborn child was still alive. They were refugees from Hurricane Katrina, living in tough conditions and fighting tirelessly to save a client named Danny from death row in Texas. The waiting period was filled with a sense of powerlessness, as they couldn’t control the outcome of the pregnancy. Despite all their efforts to save Danny’s life, they were ultimately unsuccessful, and he was executed. The author reflects on the helplessness they felt, contrasting it with their ability to fight for Danny, even though it wasn't enough to prevent his death.

05:02

💔 The Tragedy of Jackie's Execution

The author describes witnessing the execution of another client, Jackie, in Texas. Jackie had been separated from his son for years, and the state only allowed them to interact through a glass partition during visits. The author notes the cruelty of the situation, as Jackie's son only got to physically touch his father at Jackie's funeral. The execution itself was a somber, horrific event, contrasting the state's routine, indifferent killing with Jackie's final moments of love for his family. The author’s father, a doctor, had warned him about the emotional toll such work could take, emphasizing that watching a planned execution is far more disturbing than witnessing a natural death.

10:06

🌱 A Mother’s Forgiveness Saves a Life

The author shares a transformative experience where the mother of a murder victim chose to spare the life of her daughter’s killer, Chuck. This decision came after she met Chuck and saw a video where he expressed remorse for his actions. The mother, who had been advocating for the death penalty, changed her mind after connecting with Chuck in person, eventually fighting to save his life in court. The moment was deeply emotional, with the author describing it as a rare instance of dignity and forgiveness in a painful situation. This experience profoundly impacted the author, illustrating the power of mercy.

🗣️ Jury Selection and Moral Conviction

The author reflects on the frustrating and dehumanizing process of jury selection in death penalty cases, where only those willing to sentence someone to death are allowed to serve. He recalls a poignant moment when a quiet man shared his personal reasons for opposing the death penalty, stemming from witnessing a friend choose forgiveness over revenge. His statement temporarily silenced the pro-death penalty voices in the courtroom. This man’s act of moral courage highlighted the profound impact that choosing not to seek death can have on those involved.

💊 The Contrast Between Death and Dignity

In this final reflection, the author discusses the contrast between natural death and the state-administered death penalty. He recalls how his father, who passed away in Australia, was given a small dose of a sedative to ease his discomfort in his final moments. Days later, the same drug was used in Florida to execute a man, underscoring the disturbing misuse of medical advancements for killing. The author closes by reflecting on how death penalty work has taught him the importance of the choice to kill or not. Despite the inevitability of death, he asserts that choosing to kill is a deliberate and morally wrong action.

Mindmap

Keywords

💡Death Penalty

The death penalty refers to the state-sanctioned execution of individuals as punishment for certain crimes, often serious offenses like murder. In the video, the speaker reflects on his experiences as a capital defense attorney, fighting to prevent the execution of his clients. The narrative contrasts the moral and emotional toll of the death penalty with moments of hope and mercy, emphasizing the devastating consequences of state-led executions.

💡Capital Defense Attorney

A capital defense attorney is a lawyer who represents individuals facing the death penalty. The speaker and his wife, both capital defense attorneys, work tirelessly to save their clients from execution. Their profession forms the backdrop of the story, illustrating the emotional and psychological toll of trying to save lives in a system that actively pushes for executions.

💡Execution

Execution is the act of putting someone to death, typically as a legal penalty. In the video, the speaker recalls witnessing the execution of his clients, including Danny and Jackie. These moments are depicted as tragic and avoidable, contrasting the stark reality of state-sanctioned killing with the personal and moral dilemmas faced by those involved.

💡Supreme Court

The United States Supreme Court is the highest judicial authority in the U.S., and it plays a pivotal role in deciding whether to hear appeals in death penalty cases. In the video, the speaker mentions receiving a call from the 'death clerk' of the Supreme Court informing him that the justices had chosen not to hear Danny's appeal, leading to his execution. This illustrates the limited avenues for recourse in death penalty cases.

💡Mercy

Mercy refers to compassion or forgiveness shown toward someone, especially by someone in power. In the video, the concept of mercy is embodied by the mother of a murder victim who ultimately chooses to spare the life of her daughter's killer, despite her deep pain and loss. This act of mercy stands in contrast to the cruelty of the death penalty and represents a transformative choice.

💡Hurricane Katrina

Hurricane Katrina was a devastating natural disaster that struck the Gulf Coast of the U.S. in 2005, displacing millions. The speaker and his wife were refugees in Houston because of the hurricane, adding a layer of personal hardship to their work as they struggled with both the aftermath of the storm and the emotional toll of their client's impending execution. This context highlights their resilience and dedication.

💡Criminal Justice System

The criminal justice system refers to the network of institutions (courts, police, and prisons) responsible for upholding laws, delivering justice, and administering punishment. In the video, the speaker critiques the system, particularly Texas' approach to capital punishment, suggesting that the system's choice to execute prisoners like Danny is one of policy rather than necessity. This critique is central to the video’s message about the morality of the death penalty.

💡Plea Bargain

A plea bargain is a legal agreement where the defendant pleads guilty to a lesser charge in exchange for a reduced sentence. The speaker references negotiating a plea deal for Chuck, a man facing the death penalty, where the victim's family eventually agrees to a sentence less than death. This moment illustrates how plea bargains can be a pathway to mercy and reflect the complexities of seeking justice in capital cases.

💡Natural Death vs. Execution

The contrast between natural death and execution is a major theme in the video. The speaker's father, a doctor, emphasizes the difference between witnessing a natural death and watching an execution, noting that the latter involves a deliberate and dark choice to kill. This distinction underlines the speaker’s argument that while death is inevitable, executions transform death into something much more disturbing and morally fraught.

💡Hope

Hope plays a dual role in the video, representing both the emotional fuel for the speaker’s legal work and the fragile, often futile, belief that a client's life might be spared. Despite the slim chances, the speaker clings to hope in each of his cases, whether it's awaiting a last-minute decision from the Supreme Court or witnessing moments of mercy from victims' families. This hope is ultimately contrasted with the harsh realities of the justice system.

Highlights

In October 2005, the speaker and his wife Christine were in a Houston clinic, waiting for an ultrasound to determine the fate of their unborn child while also dealing with the aftermath of Hurricane Katrina.

Christine and the speaker were capital defense attorneys working to save a client, Danny, from execution in Texas, even as they faced their personal crisis.

The speaker reflects on their powerlessness in the clinic corridor, contrasting it with their tireless efforts to save Danny's life.

Despite their efforts, Danny was executed, and the speaker received a call from the U.S. Supreme Court's death clerk informing them of the rejection of Danny's appeal.

The speaker recalls the emotional burden of watching another client, Jackie, be executed in Texas, highlighting the inhumanity of the death penalty.

Jackie's execution left a profound impact on the speaker, who witnessed Jackie's son touch his father for the first time at the funeral.

The speaker contrasts the natural death of his father, a doctor, with the state-sanctioned killing of healthy prisoners, emphasizing the moral difference.

The speaker shares a poignant story of a mother who forgave Chuck, a man responsible for her daughter's death, and fought to spare him from the death penalty.

The speaker describes the powerful moment in court when the forgiving mother spoke about her daughter's loss and her decision to oppose the death penalty.

During a jury selection in Florida, the speaker was moved by a man who opposed the death penalty because he had seen the liberating effect of forgiveness on a friend who had lost her husband.

The speaker reflects on his father's death, noting the contrast with the state's use of the same drug, midazolam, in executions.

The speaker highlights the dignity and transformation seen in those who choose not to kill, underscoring the potential for change and compassion.

The narrative underscores the speaker's belief that while death is inevitable, the choice to kill is not, and it is inherently wrong.

The speaker concludes by reiterating the moral lesson learned from his experiences: we have no choice about dying, but we can choose not to kill.

The emotional and ethical journey of the speaker, marked by personal loss and professional battles, illustrates the deep conflict between justice and compassion in the context of the death penalty.

Transcripts

play00:15

in October 2005 my wife Christine and I

play00:20

were sitting in a corridor in a doctor's

play00:24

clinic in Houston Texas we were pregnant

play00:28

with our first child and we were waiting

play00:30

for an ultrasound to determine whether

play00:32

or not our child was still alive or had

play00:35

died

play00:35

Christina and I our capital defense

play00:38

attorneys we both work for the Louisiana

play00:40

capital Assistance Center in New Orleans

play00:42

we were in Houston as refugees because

play00:46

of Hurricane Katrina we were sleeping on

play00:48

a mattress in the floor in a house with

play00:50

no electricity except an extension cord

play00:52

passed through from the window of the

play00:54

house next door and we couldn't do our

play00:56

regular work so we've taken on the

play00:58

representation of a client on death row

play01:01

in Texas whose execution was scheduled

play01:03

in only a few weeks we were working day

play01:07

and night on Danny's case trying to find

play01:09

a way to turn back that execution date

play01:12

and to stop the state of Texas from

play01:14

killing him but as hard as we were

play01:17

working the state of Texas was pushing

play01:18

back just as hard to make sure that they

play01:21

could kill Danny Christine had been the

play01:24

passenger in a car that had been

play01:26

involved in an accident and was

play01:28

experiencing cramping and bleeding so we

play01:31

found ourselves in this corridor in the

play01:33

stopped is clinical 25 minutes for an

play01:36

ultrasound and as I waited there for

play01:40

this very long 25 minutes I was struck

play01:44

by our powerlessness our unborn child

play01:48

was either alive or dead and there was

play01:51

nothing we could do about it

play01:53

in our work we work tirelessly we leave

play01:57

no stone unturned we do everything we

play01:59

can to try and save our clients lives

play02:01

but now that it was our child there was

play02:06

nothing we could do

play02:08

except white a client Danny on the other

play02:13

hand was definitely alive and we were

play02:16

fighting very very hard to try to save

play02:18

his life

play02:19

in the end we weren't successful I went

play02:23

and visited with Danny a couple of hours

play02:25

before they executed him

play02:27

it's part of the Texas execution

play02:30

protocol the last visit with one's

play02:32

lawyer and even then there was hope we

play02:36

still held it still had an appeal

play02:37

pending before the United States Supreme

play02:39

Court and while there wasn't much of a

play02:42

chance there was a chance that the court

play02:44

might agree to hear his appeal shortly

play02:47

after I left that meeting with Danny I

play02:49

received a call from the court from the

play02:53

death clerk of the United States Supreme

play02:55

Court yes that is a real job and the

play02:59

death clerk told me that the justices

play03:02

had decided not to consider Danny's

play03:04

appeal and he asked me should the court

play03:08

expect any more filings any last-minute

play03:11

appeals anything else and I had to tell

play03:14

him no there was nothing more we could

play03:16

do they would kill Danny I was asked by

play03:22

a reporter a while ago about the guilt

play03:26

one must feel when one's client is

play03:30

executed I thought she was mad I didn't

play03:35

kill them I don't feel any guilt I did

play03:37

everything I could to stop them being

play03:38

killed I told anyone who would listen

play03:40

not to kill them and takes me back to

play03:43

that corridor in the doctor's clinic as

play03:46

we sat there with nothing we could do

play03:49

one way or the other to save our child's

play03:51

life Danny was still very much alive and

play03:54

his life could easily have been saved

play03:57

not by us but the state of Texas its

play04:01

populous its politicians the people who

play04:04

made up its criminal justice system they

play04:07

could have saved Danny's life easily

play04:09

simply by choosing not to kill him a

play04:12

couple of years earlier I had witnessed

play04:16

the execution of one of my clients in

play04:17

Texas

play04:18

as I watched them kill Jackie I stood

play04:21

next to his sister and his 18 month old

play04:24

son a Jackie son had been 2 years old

play04:27

when Jackie got locked up I wasn't yet

play04:31

licensed to practice in Texas but was

play04:32

working 20 hours a day alongside a

play04:35

volunteer from reprieve Australia

play04:38

working day and night digging up new

play04:41

evidence drafting legal pleadings

play04:43

spending time with Jackie and his family

play04:46

we raised money to fly his son back to

play04:49

Texas so he could visit with his father

play04:52

though when they visited the state of

play04:54

Texas wouldn't allow them to have a

play04:56

contact is it they had to speak on a

play04:58

phone reaching out to touch the

play05:01

Plexiglas that was between them it

play05:05

wasn't until we went to Jackie's funeral

play05:08

that his son was able to reach out and

play05:09

touch his father for the first time in

play05:12

so very long

play05:16

Jackie's execution was a horrible event

play05:19

there's a lot of high talk about the

play05:21

death penalty and hang him high that

play05:23

sort of thing but there's a big

play05:24

difference between talk and taking a

play05:27

defenseless prisoner and killing them

play05:30

whether done with bloodthirsty relish or

play05:35

was professional indifference the

play05:38

carrying out of an execution is a wholly

play05:41

repugnant spectacle but Jackie didn't

play05:45

curse his executioner's or rail against

play05:47

them he just turned his head to the side

play05:49

and mouthed the words I love you to his

play05:52

son a while later I was back in

play05:57

Australia visiting my father my dad had

play06:01

been a doctor throughout his

play06:02

professional life working in an

play06:03

old-style community-based medical clinic

play06:07

and he was worried about me he was

play06:08

worried about the toll of the work and

play06:11

particularly having witnessed this

play06:13

execution and I said to him don't worry

play06:16

I'm I'm okay

play06:17

and I said besides dad you'd seen

play06:19

hundreds of your patients die no I

play06:23

should say it's not the Derb was that

play06:24

bad a doctor

play06:27

we've been doing it for a long time and

play06:28

he had a lot of old clients and

play06:30

terminally ill clients but but when I

play06:32

said that to him he had this visible

play06:36

visceral reaction and he said in the

play06:39

most emphatic tones there is no

play06:41

comparison between watching the natural

play06:45

end of a human life and watching an

play06:49

otherwise healthy person be strapped to

play06:51

a table and kill and of course he was

play06:55

quite correct we all die but the choice

play06:59

to kill transforms that event into

play07:02

something different something much

play07:05

darker one of the great things though

play07:09

about doing death penalty work is that

play07:10

it's not all dark you also get to meet

play07:13

people who choose not to kill and that

play07:16

also is transformative several years ago

play07:20

I was helping on a case er a triple

play07:23

homicide with a fourth victim who'd

play07:25

survived only because he played dead and

play07:29

it was a drug thing and I didn't know

play07:33

Chuck at the time of the crime but when

play07:35

I came to meet him he was a kind and

play07:38

remorseful and spiritual man and we were

play07:42

trying to negotiate a plea in Chuck's

play07:44

case that would spare him the death

play07:47

penalty result in a penalty less than

play07:49

death and the key to it was having the

play07:52

victim's families agree to a sentence

play07:54

less than death we got to a point where

play07:58

all of the families but one had agreed

play08:01

and the one was the mother of the

play08:03

youngest victim a 17 year old girl who

play08:06

his last words were please don't shoot

play08:09

me I'm pregnant

play08:10

and her mother felt that she owed it to

play08:14

her daughter to push for the harshest

play08:16

penalty available we had a member of the

play08:20

defense team talking to her and

play08:22

discussing this with her and to help her

play08:25

understand who Chuck was we filmed a

play08:27

video of him introducing himself and

play08:30

apologizing for what had happened she

play08:34

watched the video

play08:35

and she agreed to meet Chuck they met in

play08:40

a room at the local jail just the two of

play08:42

them no guards no lawyers no rules about

play08:46

what she could ask him or what questions

play08:48

he would answer or what he would say and

play08:51

when the door opened at the end of the

play08:53

visit she hugged him

play08:56

she said I'm going to fight for you

play08:59

Chuck and when we went to court for

play09:03

Chuck's plea and sentence she was there

play09:05

and she stood up and she addressed the

play09:09

court and she spoke about her daughter

play09:11

and she spoke about her loss and she

play09:15

spoke about her pain but she also spoke

play09:18

about Chuck and her desire that he not

play09:22

received the death penalty

play09:24

it was a moment of unparalleled dignity

play09:28

and beauty I I really don't have the

play09:30

words to describe what it was like to be

play09:33

there in that courtroom and watch this

play09:35

woman who had suffered so much pain lay

play09:38

that down and choose to spare Chuck's

play09:41

life I said in the public gallery with

play09:44

tears streaming down my face it was a

play09:48

moment for me that had been foreshadowed

play09:50

in a case earlier a year or so earlier

play09:53

in Florida we were in jury selection

play09:57

it's a very important part of a death

play09:59

penalty case because apart from anything

play10:01

else the jury decides whether to vote to

play10:05

have your client killed or not in

play10:09

America death penalty cases jury

play10:11

selection is a bizarre and dispiriting

play10:13

process you can't serve on the jury

play10:16

unless you say that you will be willing

play10:19

to sentence the defendant to death if

play10:22

you say you would not choose the death

play10:23

penalty you are sent home as unfit to

play10:26

serve and so you sit in the courtroom

play10:29

full of prospective jurors and juror

play10:32

after juror gets the microphone and

play10:35

looks across the courtroom at your

play10:36

client and says to the judge yes I'd be

play10:39

willing I'd be willing to vote to kill

play10:41

him and as we did this some of us a very

play10:44

long day

play10:45

people were becoming more restive and

play10:48

the pro-death jurors were starting to

play10:51

mock those few jurors who expressed

play10:53

opposition to the death penalty and the

play10:57

microphone made its way over to the side

play11:00

of the courtroom weathers a small

play11:02

unassuming looking man was sitting and

play11:04

he told the judge that for personal

play11:08

reasons he could never vote for the

play11:10

death penalty and it was there was a lot

play11:13

of mumbling and murmuring in the

play11:14

courtroom but he spoke with such a quiet

play11:16

dignity that everyone quieten down and

play11:18

listen to what he had to say and what he

play11:20

told us was that a friend of his had

play11:24

suffered through the murder of her

play11:26

husband and he had supported her in her

play11:29

grief and ultimately she had chosen not

play11:33

to seek the death penalty for her

play11:35

husband's killer and what he said was

play11:38

that when he saw how that liberated her

play11:42

soul he could never vote for death and

play11:48

he quietly handed back the microphone

play11:50

and sat down and for a time in that

play11:52

courtroom those pro-death voices were

play11:55

loud in the wake of what he'd said my

play12:00

father died about 18 months ago I was

play12:03

fortunate enough to be able to get back

play12:05

to Australia to be with him at the end

play12:07

and was with him until the very end and

play12:10

in that final day as his protect

play12:13

breathing became more uncomfortable he

play12:16

was given a very small dose of a

play12:18

sedative midazolam just to make him more

play12:21

comfortable after the funeral I returned

play12:26

to the United States and a few days

play12:27

later the state of Florida executed a

play12:30

man in part by giving him a massive

play12:32

overdose of midazolam the drug my father

play12:36

had been given as part of his palliative

play12:38

care people are still choosing to kill

play12:42

sometimes even choosing to kill with

play12:45

drugs invented to save lives and ease

play12:47

suffering Chuck lived my father died

play12:54

Jackie and Danny died

play12:56

my daughter survived doing this work

play13:01

I've learned something that I thought

play13:04

that I already knew we are all going to

play13:07

die and we have no choice about that but

play13:12

we do get to choose whether to kill or

play13:14

not and it's wrong to kill people thank

play13:19

you very much

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Связанные теги
Death PenaltyPersonal StruggleCapital DefenseJustice SystemLife and DeathTexas ExecutionsHurricane KatrinaMoral ChoicesHuman RightsLegal Battle
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