The Evolution of Justice: Colorado’s Journey to Abolishing the Death Penalty
In the annals of legal history, few subjects have sparked as much debate and moral contemplation as the death penalty. While some view it as a just punishment for heinous crimes, others argue that it represents a breach of human rights and the potential for irrevocable errors. The state of Colorado has had its own complex relationship with capital punishment. In 2020, Colorado became the 22nd State to abolish the death penalty.
Historically, Colorado has had 103 (or 101, depending on when you start counting) people put to death. However, only one of those people were put to death since Colorado reinstated the Death Penalty in 1974 (Gary Davis in 1997). This article delves into the intriguing history of the death penalty in Colorado, the pivotal moments that led to its eventual abolition, and the notable cases that left an indelible mark on the state’s legal landscape.
Historical Perspective
The implementation of the death penalty in Colorado can be traced back to its territorial days when justice was swift and harsh. Colorado’s first recorded execution in the territory occurred in 1859 when John Stoefel was hanged in what is now Cheesman Park, for the murder of his brother in law. Over the next century, the Centennial State witnessed a fluctuating stance on the use of death penalty, with periods of active use alternating with extended periods of moratorium.
One notorious cases during this period was the execution of Joe Arridy in 1939. Arridy was a man with intellectual disabilities who was wrongfully convicted of murder. The Arridy case serves as a reminder of the flaws in the justice system’s treatment of vulnerable individuals and the potential for tragic and irreversible errors.
Abolition of the Death Penalty
The death penalty was invalidated by the U.S. Supreme Court in 1972 in Furman v. Georgia, 408 U.S. 238 (1972). The Court held that the then arbitrary and discriminatory implementation of the death penalty was cruel and unusual punishment in violation of the 8th Amendment. In response to the Supreme Court’s ruling, over the next four years 37 States implemented new Death Penalty laws to stay in bounds of the decision in Furman.
Colorado was one of the 37 States that rewrote the laws to bring back capital punishment. Although they brought it back, they rarely actually put it to use. In fact, after Colorado reinstated the death penalty in 1974, only one person was actually executed in Colorado after its reintroduction. Keep in mind, several more people were sentenced to death, but none were ultimately executed. The state’s death penalty system came under increasing scrutiny in the 21st Century due to concerns about racial disparity, the possibility of executing innocent individuals, and the high costs associated with capital punishment trials. These concerns reached a tipping point in 2020 when Colorado’s governor, Jared Polis, signed a bill into law abolishing the death penalty.
Advocates against capital punishment stressed the inherent fallibility of the criminal justice system. There have been numerous cases of individuals who have been exonerated after years of wrongful imprisonment. Another important factor is cost of capital punishment trials to the State, which often cost significantly more than non-death penalty cases. Evolving moral and ethical perspectives on the sanctity of human life undoubtedly contributed to the shift in public sentiment against the death penalty.
Notable Colorado Death Penalty Cases
When the death penalty was abolished in Colorado in 2020, there were three men on death row. All three were African American. Oddly enough, all three had attended Aurora High School.
- Nathan Dunlap: Perhaps one of the most infamous Colorado cases is that of Nathan Dunlap, who was sentenced to death for the 1993 “Chuck E. Cheese” murders in Aurora. Dunlap’s case attracted national attention due to concerns about his mental state and the arbitrariness of the implementation of the death penalty. He was granted a reprieve by Governor Polis when the abolition bill was signed in 2020..
- Gary Davis: In 1987, Gary Davis was convicted and sentenced to death for the kidnapping, sexual assault, and murder of Virginia May. He was the last person to be executed in the State of Colorado (1997).
- Robert Ray and Mario Owens: The case against Robert Ray and Mario Owens garnered media attention due to their involvement in the murder of a witness to a criminal case and his fiancée. The legal proceedings raised concerns about witness intimidation and the reliability of evidence. Their death sentences were commuted to life in prison as a result of the abolition of the death penalty in Colorado.
Colorado’s evolving stance on the death penalty demonstrates the evolving nature of justice, ethics, and society’s perspectives on punishment. The decision to abolish the death penalty in Colorado reflects a recognition of the inherent fallibility of the criminal justice system and a renewed commitment to ensuring fairness and a focus on human rights.