For some of us, the execution of Troy Davis would have been a matter of deep concern and attention no matter what.  But that’s because the death penalty and criminal justice system are things we focus on.  Most people don’t.  It’s not their fault, as they have bills to pay and mouths to feed, and their problems are more pressing than others.

It came onto the radar of a significant group of people who would otherwise have been preoccupied because of the emergence of Rick Perry as the front-runner in the Republican presidential race.  Given Perry’s position, that he never met an execution he didn’t like, the mainstream media made Troy Davis the front page news it should have been. 

Now that Chris Christie has begged off the race, again, Perry is likely to remain on the media’s radar for a while longer.  Had Christie run, there wouldn’t have been another front page word about the death penalty; it’s not Chris’ exposure.  This means the death penalty will be front page news instead of being buried on page 27 below the fold. 

At PrawfsBlawg, Maryland lawprof Lee Kovarsky raises what he calls a “cynical” question:

Is the recent spike in public attention to the death penalty a fleeting feature of Republican Primary coverage, or does it signal a more durable interest in capital process and outcomes.

Cynical though it may seem, it’s a very good question.  Those of us who do care have a great deal of difficulty understanding that the vast majority of Americans aren’t paying much attention at all, paying bills and feeding mouths and all.

Kovarsky provides an excellent litany of death penalty horribles in clear, concise language, but there’s no reason to repeat it here since we’re part of the small group that knew about it, cared about it in the first place.  That the media pays attention to it, and the general public learns about it, is what changes the issue from background noise to just another execution of a man who, maybe, shouldn’t be put to death to a miscarriage of justice.  But for Perry, would they know?  But for Perry, would they care?

Kovarsky raises the two primary critiques of the death penalty, that it’s fallible and racist.  For the former, he points to the 273 DNA exonerees, like Anthony Graves, with whom Kovarsky was involved.   For the latter, he remembers another defendant with whom he was involved, Milton Mathis, whose IQ in the low 60s on the Wechsler Scale (below 70 is considered mentally retarded) was judicially adjusted based on the special Texas IQ scale for black murderers upward sufficient to execute him.  And they did.

So when he raises his cynical question, Kovarsky knows what it means to look into the eyes of a dead man walking, and a dead mean who walked away.  His question isn’t hypothetical, or tainted by curiosity untouched by harsh reality.  Kovarsky, like so many here, and likely more than most here, gives a damn about the answer to his question.

So, back to my question. In light of these two critiques – featured prominently alongside Perry’s bruising ascent through the primary field – is the recent spike in focus on the death penalty durable? Will any lasting coalition for legislative change develop? Or is the interest a byproduct of our cable-tv fascination with jarring political personalities? I don’t feel optimistic. The first calls on Milton’s case from the national media were from well-intentioned reporters seeking to situate the execution in a broader narrative about Perry.  And media coverage of the death penalty generally has sputtered while Perry’s star fades.

The future dialogue could have been about Christie’s weight loss regimen.  We seemed awfully close.  That’s not to say that Perry’s star will again ascend and put the death penalty back on the national radar.  After all, there could be a sudden fascination with, say, Rick Perry’s hair stylist, certainly a matter of significant national concern. 

For the brief, shining moment that Americans are hearing about potentially innocent, or  definitely mentally retarded (except in Texas) men being executed, the least we can do is strike while the iron is hot.  Given the efforts of the Innocence Project and its friends in raising our national consciousness, that our system is so fraught with imprecision and mistakes, most people are aware, at least to some extent, that their reliance on the criminal justice system, from trials to the Supreme Court, to assure us that only the guilty are executed has been undermined.  And yet, this has yet to upset enough people to cause a shift in attitudes toward the death penalty.

While writing, talking, discussing the problems with capital punishment isn’t the sort of stuff that endears others at cocktail parties, or sucks in readers of all stripes, it may be a long time before people have the death penalty on their front burner again.  Pretty soon, they’ll be back to paying bills and feeding mouths, the things that directly affect their lives.

Don’t squander the opportunity.  And really, who cares about Christie’s weight or Perry’s hair?