In New York City, capital punishment has not often been a campaign issue. But this is New York, not Texas, and in the run for the new Manhattan district attorney, each of the candidates is quick to claim a strong anti-death penalty record.
Currently three candidates are competing for the Democratic nomination: Richard Aborn, Leslie Crocker Snyder, and Cyrus Vance, Jr. The elephant in the room is Greg Camp, who, at least for now, says he's running on the Republican and Liberal tickets.
All four candidates say they are against capital punishment, but the issue is in the background because they basically agree and anyway, the crime rate in the city is historically low. In Manhattan, where Democrats outnumber Republicans 6 to 1 and there's wide support for abolishing the death penalty, the issue still gets at least honorable mention in all candidates' campaign literature.
New York State Archive
The death penalty plays well to Law & Order audiences but doesn't fare so well when it comes to actual deterrence. The DA's office is in charge of the real law and order, unlike the TV version in which one early episode ends with Schiff telling McCoy: "Started with a murder, ends with an execution. You got what you wanted. Take the rest of the week off." Even in the early days of Law & Order, that was not a conversation ripped from the headlines; the last execution in the state was in 1963.
Contrary to the impression left by the series, the real Manhattan DA Robert Morganthau, who is said to have been the model for Schiff's character, never pursued the death penalty. This is spite of the fact that during a good chunk of his record-breaking 34-year tenure it was an option that other counties pursued.
Crime has been on a steady decline since the '90s, regardless of what laws were on the books at any given moment. The threat of execution has had no correlation with the homicide rate. In fact, Monroe County, where county prosecutors pursued the death penalty more frequently than in any other county, ranks highest in the state in its crime rate, and the city of Rochester has the highest homicide rate of any city in the state.
While the candidates' views on the death penalty are similar, there are some differences. When Crocker Snyder ran and lost against Morganthau in 2005, the New York Times endorsed her, but cited her support for the death penalty as one of its few misgivings about her candidacy. Now, however, she has changed her mind, claiming errors in conviction of innocent people as her reason. (Where was she when Illinois Governor George Ryan's moratorium on executions made the headlines in 2000?)
The role of the DA, especially in a large and diverse city like New York, goes beyond the courtroom and prosecution of crime. The DA has always had discretion in deciding how to prosecute crime, but the person at the top has to set policy and tone, determine how to divvy up resources, and be an advocate for justice for the county as a whole. This also includes seeing the broader picture of crime and punishment and advocating for reform of laws that affect how justice is meted out.
All three Democratic candidates have served in the DA's office. But Crocker Snyder has spent the bulk of her career as a judge, winning a reputation for being tough on crime. (Her short stints as a judge on Law & Order don't do anything to soften that image.) In some circles, she is referred to as "The Ice Princess" for the long sentences she was known to hand down, especially in drug cases. Although she now says she supports offering alternatives to nonviolent drug offenders, as a judge she was not one to come down on the side of giving a defendant a second chance. In fairness, however, she did work hard to get the Rape Shield Law enacted.
AZ Dept. of Corrections;
Lethal injection is the method most commonly used for state executions today. In New York, it has never been used, but that could change.
Vance and Aborn have similar positions outside of their opposition to the death penalty, but Aborn goes beyond and promises to "lead a campaign" against anyone who "tried to bring back the death penalty in New York." Right now, the state has no working death penalty law; the law was overturned by the courts in 2004 and has since languished without further action. But that could turn on a dime. All it would take is one high-profile murder case and the posturing will begin.
Aborn's approach to crime is rooted in preventive measures and he has built his reputation working for strong gun control laws, juvenile intervention, and repeal of the Rockefeller drug laws. The endorsements he's won reflect this: Eric Schneiderman, who as a state senator is very involved with reform of the justice system, and William Bratton, a police commissioner during Giuliani's administration, who is often credited with turning crime around in the city (though he was not enamored with the Giuliani tactics).
Morganthau has thrown his weight behind Vance. How much does endorsement by the chief power-house count? Enough that Morganthau's former Chief ADA, Dan Castleman (who by the way played prosecutor on The Sopranos) had planned to run, but quit both the race and his job when his boss endorsed Vance.
In a race with traditionally low turnout, endorsements count more than they might in other elections. Given that the local pols have split their endorsements, it's hard to tell how much influence it will have. We're still in the dog days of summer and the primary campaign won't really heat up until after Labor Day. More endorsements are surely to come as bets are laid on the race.
The DA's attitude toward crime, including white-collar crime, shapes the policy and determines the face put on the rule of law for the city. Although the DA has no official role in creating laws, because of the size and position of the Manhattan office, it may be involved with precedent-setting litigation that could have an impact on the law. In addition, the office Appeals Bureau may even draft proposed legislative amendments, which could have a role should the legislature decide to act to reinstate capital punishment at some point. After all, the New York death penalty law is still on the books; it's just void.
Although Vance, too, has worked for reform, Aborn has the longer record on the issues that affect this aspect of the system, not only in his opposition to capital punishment, but also in his work for enforcement of strong gun control laws, community programs to prevent crime, and substance abuse treatment instead of longer sentencing.
In its archetypical way of fictionalizing the headlines, Law & Order is rumored to be incorporating the upcoming DA election as the series begins its 20th season, but the primary will be over by the time of the premier episode. The role of Adam Schiff has been played by four different actors during Morganthau's long tenure. It will be interesting to see how this changes as he steps down.