Skip to main content

Taiwan | Attorney transforms personal tragedy into advocacy against death penalty

"In the year of 1996... A-Ma was robbed on a hot summer night and left for dead in the street," attorney Essen Lee (李宣毅) recounted the tragic incident surrounding the death of his grandmother at the Constitutional Court in April.

Lee then recalled the fury he experienced as a 16-year-old high schooler after his grandmother, Lin Li-e (林李娥), died from head injuries.

But rather than voice a desire for revenge, Lee, now in his 40s, instead urged the 12 justices in front of him to do away with the death penalty system for good.

Lee and other attorneys have provided pro-bono support challenging the constitutionality of capital punishment as a statutory penalty in Taiwan. The widely disputed case was brought forward by 37 prisoners currently awaiting execution.

In a recent interview with CNA, Lee said the authorities presented the death penalty as a way to meet public expectations whenever heinous crimes were committed and as a form of "redress" for victims and their families.

However, he argued the punishment makes the government "indolent" in rooting out nefarious criminal acts and providing enough support for those adversely affected.

Most public discussions about why certain crimes are committed and how society can better prevent them from happening again "vanish" after the death penalty has been implemented, Lee observed.

He added that the government should redirect resources currently allocated to maintaining the death penalty system toward investigating the causes of crime and developing preventive measures.

The implementation of the death penalty has been substantially restricted in recent years, according to the Judicial Reform Foundation (JRF), a non-governmental organization that, among many initiatives, advocates the abolition of the death penalty.

Currently, only individuals convicted of serious homicides can be sentenced to death. The decision must also be upheld by the Supreme Court, JRF's Law and Policy Department head Elvin Lu (呂政諺) told CNA in a recent interview.

To Lee, however, the government has framed the death penalty as an act of justice intended to provide solace to grieving families of victims of crime and reassure a shocked society.

But he noted that despite the executions, those who lost loved ones remain "trapped in the trauma" of their ordeal, while serious crimes continue to be committed in the country.

According to Lee, while government-funded efforts to provide legal aid and social assistance for victims of crime and their families have improved over the past three decades, they remain short-term and insufficient.

Reflecting on his own experience, Lee likened trauma to "shingles," noting that while treatment can quickly ease the pain, the virus remains dormant in one's body and resurfaces when the immune system weakens.

All too often, however, the judicial and social support systems "walk away" from criminal cases within three to five years after an incident, leaving victims and their families -- especially those with fewer means -- struggling to get their lives back to some semblance of normal, he said.

Lee remains in the minority, however.

According to a survey conducted by the government-funded Association for Victims Support (AVS), an overwhelming 96.7 percent of the 90 individuals interviewed opposed the elimination of the death penalty. All respondents had experienced the death of a family member following a crime in the last three years.

The survey findings showed that a majority of victims' families view capital punishment as the "cost" for those who commit crimes, a means to "achieve justice" and a form of "comfort" for themselves.

The AVS, which is affiliated with the Ministry of Justice (MOJ) and headed up by the chief prosecutor of the Taiwan High Prosecutors Office, also cited victims' families as saying it was "only right and just" that "murderers make amends with their lives."

The association's survey is in line with polls previously carried out by the MOJ -- which defends the death penalty as constitutional and suggests the issue be left to the Legislature -- and the Crime Research Center at National Chung Cheng University.

Their polls have consistently indicated that 70 to 80 percent of Taiwanese have supported the retention of the death penalty over the last decade.

Speaking about the AVS polls, Lee said that given those interviewed had recently lost loved ones, their attitudes toward the death penalty were reasonable.

Lee acknowledged that he longed for the culprit to face the same punishment for many years after his grandmother's death, adding that it took him more than a decade to finally "move past" it.

He said this ability to move forward liberated him from continuously feeling stuck in his anger and grief.

At National Chengchi University's college of law, he sought to channel his feelings and address the void left by the loss of his grandmother by delving into criminology.

"I eventually developed my own observations and opinions about Taiwan's criminal policies... whether the state should continue to use the death penalty," said Lee, who has been a criminal defense lawyer since 2012.

Lee candidly admitted that he was not optimistic about winning the court case and having the Constitutional Court revoke the death penalty once and for all, even though he anticipated that more restrictions would be placed on its future applications.

Even so, he remains undeterred in his advocacy for abolition, comparing himself to a passionate missionary and taking up the cause as a way to honor the woman who, on behalf of his own mother, raised him through adolescence.

A missionary does not pick their cause, Lee said, adding that the main thing is "to not stop the work" and "to not forget about A-Ma."

Source: focustaiwan.tw, Teng Pei-ju, September 19, 2024

_____________________________________________________________________








"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde



Most viewed (Last 7 days)

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.

Indiana high court sets Nov. 5 execution date for convicted child killer

The court’s decision came a little more than two months after Indiana Attorney General Todd Rokita asked the justices to schedule Weisheit’s execution. State attorneys argued Weisheit had exhausted his state and federal appeals, had no active stay of execution, and could lawfully be put to death. The inmate’s attorneys opposed setting a date, saying they needed more time to pursue available legal proceedings and possible executive clemency. The defense additionally pointed to public records that it said showed the Indiana Department of Correction lacked the drugs needed to conduct an execution and had no lawful source from which to obtain them.

Oklahoma Sets November Execution Date for Air Force Veteran Jim Pavatt Amid Claims of Wrongful Conviction

OKLAHOMA CITY — The Oklahoma Court of Criminal Appeals has scheduled the execution of Air Force veteran and longtime death row prisoner Jim Pavatt for Nov. 12, as his attorneys continue to challenge his conviction and contend that prosecutors relied on false arguments, disputed forensic evidence and an alleged confession they later described as bogus. Pavatt, who served nearly 22 years in the Air Force and rose to the rank of master sergeant, was convicted and sentenced to death for the 2001 killing of Rob Andrew in Oklahoma City. His execution is scheduled for the day after Veterans Day.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Iran Crackdown on Christians Intensifies, Ministry Reports Dozens Killed and Hundreds Detained

September 3, 2026: A widening crackdown on Christians in Iran has reportedly resulted in the deaths of at least 33 Christian ministers and the detention of more than 130 others in recent months, according to Iran Alive Ministries, a Texas-based organisation supporting underground house churches in the country. Hormoz Shariat, founder of Iran Alive Ministries, told Baptist Press that at least 33 Christian ministers associated with the ministry had been killed amid intensified government pressure on Christians linked to the underground church movement.

Hanging of Osaka Arsonist is Japan’s First Execution Under Takaichi Government

As a majority of the international community has abolished capital punishment. Japan and the U.S. are the only two countries in the Group of Seven leading industrialized nations that put people to death. The execution of Takami Sunao—an arsonist whose 2009 attack in Osaka killed five—on August 21, 2026, was Japan’s first use of capital punishment in just over a year. Over a Decade from Sentencing to Execution Takami Sunao was executed on August 21, 2026 , for a 2009 arson attack at an Osaka pachinko parlor that killed five people. In July 2009, Takami poured gasoline on the floor of a pachinko parlor in Osaka and set it alight, killing 5 customers and staff members and injuring 10 more. While the defense argued that he was in a state of diminished capacity, the Supreme Court finalized his death sentence in February 2016. The execution took place 17 years after the initial crime and 10 and a half years after the death sentence was finalized.

Florida | Jury recommends death sentence for Jeffrey Crum in killing of 12-year-old girl

BROOKSVILLE, Fla. — A Hernando County jury has recommended the death penalty for a 65-year-old man who was found guilty last week of raping and killing 12-year-old Jennifer Odom. Sentencing for Jeffrey Crum was held this week. Crum abducted Odom in 1993 after she stepped off her school bus in Pasco County. Her body was found in a Hernando County orange grove six days later.