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Death-Penalty Films

By Ranylt Richildis | Posted Under Comment Diversions | Comments (48)



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Readers who tolerate my Facebook musings are probably aware that I spend most days reflecting on how the death penalty is portrayed in fiction. I’m specifically looking at 18th-century novels and plays, but I believe in using “control” texts from before and after my period, and lately I’ve been wondering about death penalty films. I’m actually having a hard time coming up with movies that are PRO-death penalty, and it occurred to me that (with Dustin’s kind permission) I have an amazing resource under my nose: savvy Pajibans.

There’s no end of anti-death penalty movies (I see you there, Paths of Glory); in fact, I can’t think of a single film that doesn’t either denounce capital punishment, or show it being used for ill, or at the very least make the condemned person sympathetic while making us suspicious of the authority that kills him. Sure, there are propaganda movies that call for the extermination of enemies of the state, and there are vigilante movies like Death Wish, but I’m looking for films that feature people on death row, going through the system, facing the noose or the chair. But in, you know, a positive light—fuck Kafka and Dickens! Let’s hear it for social remedies and poetic justice!

It would be great to see what people’s favorite death penalty movies are, so please list away. But he or she who can name a PRO-death penalty film (or even novel) gets bragging rights and my cocked-eyebrow respect.










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Comments

I can’t think of a single film that doesn’t either denounce capital punishment, or show it being used for ill, or at the very least make the condemned person sympathetic while making us suspicious of the authority that kills him.

Hmm... What about Wes Craven's Shocker?

I guess the fact that after he is executed, Pinker does not actually die but instead becomes pure electricity who is able to possess others, which leads to all sorts of hijinks and problems, could be considered quite a strong condemnation of the death penalty. It's quite the metaphor about how capital punishment really just doesn't "work", but rather makes society that much more dysfunctional.

So, damn, NOT PRO-death penalty.

Posted by: Forbiddendonut at January 6, 2011 2:12 PM

The Green Mile is all I got.
John Coffey looked forward to his ending.

Posted by: Rykker at January 6, 2011 2:18 PM

Ooooh, tough one. The only one that comes to mind is Capote. My recollection is sketchy but I don't think Hickock or Smith were ever sympathetic characters nor was there a doubt about their fate or the justification. Granted that it's not about the death penalty or even the criminals but that's about as close as I can come.

Posted by: admin at January 6, 2011 2:19 PM

Spoilers of In Cold Blood below:

I guess this doesn't exactly answer your question, but In Cold Blood, the book at least, details the murder of a family and gives an intimate portrait of their character, but then kind of humanizes the murderers as well. Capote did a good job of making me feel some kind of sympathy for two cold-blooded killers, so when they're hung at the end, it's all just really sad, rather than some kind of Hollywood sense of justice with music swelling in the background. I'm a fan of moral greyness.

Posted by: Dorothy Snarker at January 6, 2011 2:20 PM

It's an anti-death penalty film, but when I watched Dead Man Walking and they came to the final scenes juxtaposing the execution with the crimes perpetrated, my brain calmly said, "Well, that's it. Your forfeited your right to live." I feel that way about a lot of criminals, I just can't get behind the hypocrisy of the government participating in that which it condemns. Interestingly, of the people I know, very few have any objection to someone being murdered in prison who "has it coming". But that's a whole other hypocrisy discussion.

While I'm not sure you can find specifically pro-death penalty movies, there is a very strong and vibrant genre involving revenge. Aren't a lot of westerns predicated on it? Does a marshall, often recently elevated to the rank, hunting someone down count? I guess these fit the vigilante genre, but movie watchers do take great delight in this form bullet-laden justice.

Mr. Julien wrote a TV show based around the family that was responsible for executions in France at the end of the guillotine era. It was a profession handed down through the generations. Originally, each province/area would have their own executioner, but over time they limited it to this one family. The executioner in Paris at the time of the revolution made extra money by taking wax castes of the deceased for display purposes et voila Madame Tussaud's! Being married to a writer gives one such an interesting breadth of knowledge. Any questions about jet packs, John Brown or the youngest person ever to sail around the world?

Posted by: Mrs. Julien at January 6, 2011 2:21 PM

It may not be an actual film, but every time I see any Biography channel or A&E episode devoted to Charles Manson I just wish they would have fried his ass years ago. They have the full story about the LaBianca and Sharon Tate murders, the excerpt from the most recent interview with Charlie because you know he is so fascinating and has grown so much as a person. Then, at the end they have in bold letters...
Charles Manson is up for parole again in 2015. He feels positive about his chancesfor release.
Really? You do?
Just to never have to see that shit again, I would have him done away with.

Posted by: daria at January 6, 2011 2:28 PM

I know this isn't about state-mandated death penalty, but V for Vendetta does portray an interesting perspective on "local" or individual justice, with government officials meeting a justified end. That's pro-death, but not necessarily pro-death-penalty, though...

Posted by: bonnie at January 6, 2011 2:29 PM

The worst? The Life of David Gale. Unconvincing, preachy, convoluted junk.

An interesting thing about Dead Man Walking, which I thought was great: a pro-death penalty friend of mine saw the final scenes completely differently from how I saw it. The side-by-side presentation of the of Poncelet's execution and of his murder of his victims to my friend showed how much more humane Poncelet's execution was compared to the original murders, whereas I saw the film as equating the two (i.e., murder is murder, killing is killing).

Posted by: sars at January 6, 2011 2:32 PM

(Spoiler)

Dancer in the Dark? I think that works, right?

Posted by: Theseus at January 6, 2011 2:35 PM

Best I can come up with is the 1970s movie about the trial of Eichmann which never for a second lets you feel sympathy for the man and therefore lulls you into thinking he gets what he deserves (which one could argue he does but as committed death penalty opponent I don't believe in making exceptions).

There's also a made-for-TV movie about Ted Bundy that seems to revel in his execution. It portrays the sorority girls dancing and cheering as a good thing.

Posted by: PaddyDog at January 6, 2011 2:35 PM

Paddydog - I don't think I've ever seen a movie that portrays the sorority girls dancing and cheering as a bad thing.

Posted by: Mrs. Julien at January 6, 2011 2:41 PM

Judgment at Nuremberg (1961)

Posted by: DeistBrawler at January 6, 2011 2:48 PM

Hello Rany!

This is one of those themes that I think "Hollywood" is guilty of perpetuating. They know that pro-death penalty doesn't work so well; or that it works so well there's no "controversy", "debate", or "conflict", as the screenwriters say is necessary for a good screenplay.

The "He's innocent!" line draws audience sympathy and the film usually becomes a blubber-fest of tears and high-handed emotional manipulation...in the name of justice.

Put a movie on the screen where some banker fuck is put on the slab for screwing over old people's pensions and the theater crowd will walk out looking for blood, not pensive-like and blubbery masses of weak humanity. It falls under incitement, not a "timely meditation on justice", whatever the fuck that means.

Films still serve the propagandistic purposes of the days of yore; they're just wrapped better. They want people walking out of the screens thinking "the system works". It instantiates the notion that docile citizens need not worry their pretty heads about these things because the adults (who are more adult than you) are making things a-ok in the land of the twee, home of the slave. Injustice usually works as a theme because it all "works out in the end" due to some intrepid star figure whose selflessness and idealism/diligence propel them into a position of Jesus-like salvation for the masses. And I have a bridge in Brooklyn that's for sale if you're interested.

Problem is wrongs don't get righted, lawyers fuck everyone involved, and "justice" usually equates to some watered-down mishmash in which neither side is truly satisfied.

Even after this, I can't think of a substantial pro-death penalty film. Unless Samuel L's "Yes they deserve to die and I hope they burn in hell!" film qualifies.

In other words, most of Hollywood's films fall on the Anti-death penalty side of things because they would rather the audiences get bogged down in the meta-debate concerning the issue, pulling tissues and buying tickets. Shameless manipulators.

Posted by: Recondite at January 6, 2011 2:49 PM

Paddy, is that the one with Mark Harmon? Yup, Bundy was a prick.

As for The Green Mile.....Coffey wanted his pain to end, but you loved him so much by that point....it was awful.

What about O Brother Where Art Thou? George "Babyface" Nelson seems quite happy about his impending doom. "Their gonna set me off like a roman candle!"

Posted by: dammitjanet at January 6, 2011 2:49 PM

Whoops..."they're"

sorry, listening to mr. dammit sing to me on video....sigh.....

Posted by: dammitjanet at January 6, 2011 2:51 PM

Yes, dammitjanet. It was Mark Harmon (one of my all-time crushes). Bundy was a total psychopath but I simply don't think one can object to the death penalty but then start making exceptions based on degree of perceived evilness. If one accepts that it's wrong to intentionally kill a human being, then that has to extend to the court room.

Posted by: PaddyDog at January 6, 2011 3:08 PM

I wonder if you can broaden your categories a little. When you say "pro-death penalty" can you also include films/text where, say, the "bad guy" bites it in the end? There's a sense of Divine Executive, maybe. We cheer the death of any of the baddies in Jurassic Park, say, or when Bill Sikes is accidentally hanged after returning to London.

Posted by: Mike B. at January 6, 2011 3:10 PM

Kind of a stretch, but Clockwork Orange? I mean, the "rehabilitation" was obviously a bad choice and in the end, what did it accomplish? I don't believe Alex was on death row or anything in the movie, but in my opinion, the movie had a very negative view of rehabilitation and instead cast the "law and order" philosophy of criminal justice (which includes the death penalty) in a better light. But I was really disgusted by the movie (which was probably the point), so I probably missed most of the real message.

I'm a criminal justice dweeb.

Posted by: Quorren at January 6, 2011 3:11 PM

What about Angelina Jolie's Changeling? Granted the death penalty wasn't the focus of the story but it played an interesting part and wasn't really looked down on.

Posted by: lordhelmet at January 6, 2011 3:19 PM

Angels With Dirty Faces

Aside from the amazing ending, it is inferred that society thought the punishment was just.
On the other hand, they do make the protagonist a little sympathetic. Not much, but a little.

Posted by: Simon at January 6, 2011 3:38 PM

I edited a book (yes, I am an editor, fuck you) on the death penalty. I went into it very anti-DP. I came out of that project completely pro DP. The reasearch and the police files and ...o God it's just even hard to think about this stuff. It was fucked.

Since then, every movie I see that centers around the DP issue turns my stomach. It's never as simple as they make it and it is almost always on the anti DP side. It would be nice to see one that actually examines it from the pro side or even from the middle.

Posted by: klingonfree at January 6, 2011 3:39 PM

@ klingonfree:

I'm interested in your change of heart. What keeps me from whole-heartedly loving the death penalty (Mike B + DP = 4EVA!!!) is the tiny tickle at the back of my head that it's a flawed system. If I could be guaranteed that only 100% guilty individuals were going to be executed, and that the accused's race or socioeconomic background wouldn't help or hinder his case, then I might be harder pressed to remain opposed.

Also: we can't even trust government to tax us appropriately or repair our highways in a timely and efficient manner. Do we really want it involved in the absolute final form of punishment?

And finally, here's my rule for executions: The jury who voted for the death penalty have to be present at the execution.

Posted by: Mike B. at January 6, 2011 3:45 PM

Pierrepoint starring Timothy Spall as the UK's last and most famous hangman.

Posted by: Simon at January 6, 2011 3:46 PM

Night of the Hunter - Everyone seems pretty happy when they drag Harry Powell off to be hanged.

Posted by: Rotwang at January 6, 2011 3:49 PM

You could make an argument that every revenge-fantasy film is pro-death penalty. That opens up all the death-wish films, as well as almost every kung-fu movie ever made.

Posted by: Rotwang at January 6, 2011 3:54 PM

"And finally, here's my rule for executions: The jury who voted for the death penalty have to be present at the execution."

I completely agree with you. I would not give up my DP book editing experience for anything. It was so significant to me to get a stark picture of what they all go through: The nurses, the prison guards, the people actually administrating it (attending physicians, official witnesses, etc). It's ... important. I am uncharacteristically at a loss for a word better than that. Grave. There. That might be it.

My strong feelings are not of the knee-jerk "Fuckin kill em!" type. It's more of the Grave Matter type. I have seen NO movie that explores it sufficiently (in my opinion and experience).

I feel it more in shades of gray than in black and white, I guess.

Posted by: klingonfree at January 6, 2011 3:55 PM

There was a Tales From The Crypt episode where Bill Sadler was an executioner who took it upon himself to kill criminals who got away with murder, until his comeuppance is that of being caught and having to face the chair himself.

Not exactly pro-death penalty either; more of a "what comes around, goes around" treatment.

Posted by: Recondite at January 6, 2011 4:10 PM

The Good, The Bad, and The Ugly could be seen as pro-death penalty, though that's not the thrust of the movie.

Three legal hangings are shown, and in each one the list of the crimes committed by the prisoner is astonishingly long. While we love Tuco and don't want him to die, we're forced to weigh the good with the evil.

The movie doesn't do the same for Shorty, though. After all, the only thing we know about Shorty is his list of crimes. If we feel that it's wrong for Tuco to allow Shorty to be killed, that's in opposition to the screenwriters' attempts to make us love Tuco despite his flaws. On the other hand, if we think to ourselves, well, clearly Shorty deserved to die anyway (hello, list of crimes AND state-sponsored execution), then we don't really hold it against Tuco.

Blondie doesn't hold it against Tuco; certainly he's got more personal reasons to be angry, but he never brings up Shorty again. The whole affair is dismissed as though to say, Eh, well, you takes yer chances. If he didn't have it coming, he wouldn't've been playing the game anyway.

Pro-death penalty? I'd say yes.

Posted by: Joanna at January 6, 2011 4:10 PM

What about Primal Fear? It's not exactly about the death penalty, but I think it makes somewhat of a pro-case for it. A Time to Kill, sort of? Rampage, depending on the cut.

Posted by: leuce7 at January 6, 2011 4:15 PM

Angels with Dirty Faces!

It exemplifies the belief in a deterrent effect!

Posted by: Maggie at January 6, 2011 4:49 PM

Angels with Dirty Faces!

It exemplifies the belief in a deterrent effect!

Posted by: Maggie at January 6, 2011 4:59 PM

Monster?

Posted by: leuce7 at January 6, 2011 5:07 PM

true grit?

Posted by: jajajajaja at January 6, 2011 5:37 PM

The Crucible? The death penalty was the only escape for the honest and innocent to meet their maker without having "saved" themselves by tainting their souls with lies.

Posted by: grizzle at January 6, 2011 6:48 PM

Are books included? I recently read "The Ox-Bow Incident" - a straight-up anti vigilante justice book. Very well-done and bone-chilling.

I was always a little torn about Dead Man Walking. I know the people behind it are anti death penalty, but I thought the movie was fairly evenhanded (save the Christ imagery - come ON people) in that it didn't sugarcoat how horrific the crime was or the kids' families' horror when they discovered Sister Prejean was counseling the killer.

I am anti death penalty because I think it's barbaric and is just way too final. HOWEVER, boy do I start sweating about it when somebody kills a child. Yikes. I have a very, very, very hard time with that.

Posted by: samantha t at January 6, 2011 6:52 PM

I wouldn't call The Ox-Bow Incident (book or film) pro-death penalty. I think it makes it pretty clear that the vigilantes were wrong; although not necessarily wrong in the principle that actual murderers deserve to be executed..

I've never seen a film version of it, but the book The Virginian certainly has a pro-death penalty, pro-vigilante section.

Posted by: pat C. at January 6, 2011 7:37 PM

What about A Time to Kill? While it does not come out and explicitly express itself as a pro-death penalty film, there are definitely sentiments in that direction.

Jake Brigance, in fact, even talks about the two white guys who raped the little girl deserving the death penalty by saying, "You strap those two motherfuckers to the chair and flip the switch."

And the reason that Carl Lee kills those men is that he is afraid that indeed they won't get the death penalty. When is is vindicated by an innocent verdict, doesn't this count as being at least nominally pro-death penalty reading between the lines?

I think so.

Posted by: noodlestein at January 6, 2011 7:40 PM

Again, an indirect connection to the pro side, but High Noon.

If I recall, the antagonist was supposed to hang but instead was released on technicality, leading to the showdown.

Posted by: Steven Lloyd Wilson at January 6, 2011 9:51 PM

Pat C. - sorry if I was unclear. I agree that the Ox-Bow Incident is decidedly anti-death-penalty. I'd call it vigilante justice, but it's difficult to distinguish in the West in that time period.

Posted by: samantha t at January 6, 2011 10:05 PM

Law & Order comes down pretty evenly. And I don't remember much of Monster's Ball (saw it in the theater, but not since) - but wasn't that fairly even-handed on the subject?

As for the jury having to attend the execution...I think the jury on any death penalty case already has had enough trauma to deal with. Remember, these are random people picked to have to watch video, examine photos and hear stories about truly horrific crimes - I don't think they take the responsibility lightly, and I think watching the execution is an additional burden to bear.

Posted by: Sara Tonin at January 6, 2011 11:44 PM

I've never seen it, so .. does "The Executioner's Song" paint a sympathetic portrait of Gilmore?

Posted by: , at January 7, 2011 1:51 AM

I can't think of any movies that haven't already been mentioned, but didn't Oz cover the different sides? It's been too long since I watched that show.

Charles Manson is up for parole again in 2015

Posted by: daria at January 6, 2011 2:28 PM

I read that it will be in 2012.

Look on the bright side, if the crimes were committed in Canada, he would have been released in the mid-nineteen-nineties. Apparently we just like to slap serial killers and mass murderers on the wrist. I'm not for the death penalty; I just wish that life sentences were actually for life.

Posted by: Uda at January 7, 2011 8:25 AM

Thanks, everyone. Great feedback, and very helpful. If anything you've strengthened my conviction that we must generally look to Westerns to see literal hangmen tales that don't shed a tear for the condemned, or mid-century hardboiled/noir. Also: d'oh to "Judgment at Nuremberg." Excellent call.

@Uda: Manson likely would have joined Bernardo, Olsen and others and been deemed a Dangerous Offender. As will Russell Williams and that pig farmer dude. Our serial killers usually never see the light of day again (Homolka isn't in the same league, legally, for various reasons if you read the case closely).

@klingonfree: That's cool about your volte. That hasn't happened to me, though, after more than 4 years of DP research (historical and modern). I'm really glad you piped in with your experience. You are an interesting exception from what I've read of DP scholars, and I always like to see my assumptions complicated.

@Simon: I have to check out the Pierrepoint film. I'm reading his memoir right now, as it happens, and it surprised me to learn that by the end of his career he no longer believed in DP and "sincerely hopes no man would ever be called upon to carry out another execution in my country. I have come to the conclusion that executions solve nothing and are only an antiquated relic of a primitive desire for revenge which takes the easy easy way and hands over the responsibility to other people". I wonder if the movie takes his change of heart into account? I aim to find out! It's valuable to me either way.

@Recondite: (hiya Rec!) Awesome input. You grasp how fiction works (natch). Death row is perfect literary material, because it comes preloaded with pathos, pity, horror and sympathy, which is why it's normally deployed in the seeming anti or conflicted light. And then you have the "revenge" flipside, which also comes preloaded, this time with heroic and thriller buttons.

You guys are amazing.

Posted by: Ranylt at January 7, 2011 9:52 AM

I was thinking more along the lines of Gilbert Paul Jordan, but point taken.

Posted by: Uda at January 7, 2011 10:32 AM

You're very welcome Ranylt.

It's been a couple of years since I watched Pierrepoint, but I do recall that the performances were exceptionally good. The movie dealt with his time working as a hangman and how he reconciled that with the rest of his life, trying to treat it as just a job to be done.

It's definitely worth watching.

Trailer at imdb

Posted by: Simon at January 7, 2011 11:34 AM

Ranylt, if I may add to the discussion:
I'm not sure if there are, or can be, any pro-DP movies in that I think the pro-position is usually approached differently in film. I’m generalizing, but the pro-DP film is more likely constructed with black-and-white plot & characterizations and an assumption of the infallibility of the system and morality of the ‘state’, as opposed to the black-GRAY-white portrayals of blatant injustices or ambiguities of plot/characterizations of distinctly anti-DP films or films that intend to raise questions or make the viewer less than comfortable. The movies are, by nature, constructed differently”: the pro-DP film, in general, is usually just pro-justification for the existence of the DP. The anti-DP film exists to be directly anti-DP and to illustrate. in a character or case study, how all involved (including society) are harmed by its existence. Examples of the pro-DP film:

-The capital crime is often committed on-screen. Usually no question arises about the identity of the killer, the violence, premeditation or senselessness of the act. An accessory to the act is often portrayed as someone who could have stopped the event but did not out of some fatal weakness of character.

-The trial process onscreen takes for granted the process was fair and impartial, adjudicated within the law, and the jury decided guilt and punishment according to the law. Usually the audience is not troubled with issues of process, fairness, evidence. Indeed, the audience is usually not shown the actual jury in action onscreen or the trial segment is presented perfunctorily. Often, the trial segment is at the end the film/TV show after the bad guys are caught.

-The trial, determination of guilt and prescribed punishment are legal (ie, state killing is legal) therefore the DP is justified in and of itself. Such films could be called pro-DP because they do not have a plot device that shines any light on unfairness, questionable evidence/witnesses; judicial misconduct; or mitigating circumstances or motives. No higher moral questions, gray areas or ambiguities are presented or entertained, so it is usually the viewer who is left to ponder moral objection to the DP. It is the state's right to take life, by gum, even with ample evidence that society/judiciary at all levels and stages of the process cannot (and has not) adjudicate with fairness or without error.


The raison d’etre of so-called anti-DP movies is usually, as a matter or plot and/or characterizations, to address the gray issues, and larger social issues such as the inherent and demonstrated capacity for error, misconduct, and callousness.

Some movie/TV examples of 'pro-DP' position include:

-I Want to Live (Susan Hayward). Based on true story, the condemned woman is tried and convicted in pre-trial publicity, with the blessing of the judicial system. Although she was not the killer, and, likely did not intend it to happen, she was ‘rightly’ convicted/condemned because felony-murder is in the law and DP is prescribed for that conviction as if she committed the actual crime. .

-THE POSTMAN ALWAYS RINGS TWICE (in this movie, the main character was wrongly convicted and is on the way to the death chamber at the end, but justification is implied: well heck, he was wrongly convicted of murdering his co-conspirator in what was actually an auto accident, but both he and she both premeditated and killed her husband, the real crime he got away with, he deserved the DP anyway. No moral ambiguity is demonstrated.

-PORTRAIT OF JENNY (an episode of The Naked City, with William Shatner, Paul Burke). The detective is morally troubled and wants there to be absolutely no doubt about the suspect being the killer and the murder a capital crime. But he is only certain, having no moral issues, when the mentally disturbed killer confesses, in a flash of reality, to killing and then painting the beautiful & sensitive portrait of his wife AFTER he killed her. No issues presented. No explanation for the killing (?delusional).

-HOODLUM PRIEST (Don Murray, Keir Dullea). Harrowing ending.

-Someone mentioned the TV movie about Ted Bundy (Mark Harmon). Best example of the black/white presentation, trail as matter of course after he is caught, prescribed punishment is justified and the climax of the film. There is no gray, and even if so, the staunchest anti-DP person might not have any problem with the inevitable outcome.

PIERREPOINT is an exceptional movie, phenomenal performance by Timothy Spall, not to be missed. Its focus on the executioner separates it from simple classification as anti- or pro-DP

DANCE WITH A STRANGER and DANCER IN THE DARK have similarity in condemned single mother of small child.

Off or on screen, it seems as if the legal/prosecution character position is that guilty or not, contradictory evidence or not (even if evidence is PROVEN to be exculpatory), actual killer or not (ie, killers get life but the accessory is condemned because a deal was made with the killers), if the judicial process is considered legal and deemed fair and impartial, i.e., by a higher court, then the DP is correct punishment, and those gray areas need not be considered.

Posted by: Yemayah at January 7, 2011 6:00 PM

I forgot to mention two additional must-see films, both depictions of real, very sensational cases in England of wrongful conviction and execution

#10 RILLINGTON PLACE (John Hurt,Richard Attenborough). This case is also depicted in a scene in Pierrepoint

LET HIM HAVE IT (Chris Ecceleeston)


Posted by: Yemayah at January 8, 2011 10:58 AM

Will there be any kind of means We can join the subscriber list?

Posted by: Sexy Stockings at March 1, 2011 10:49 PM