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Capital Punishment Formula

 

Francis Bacon painted an image of a pope gripping the arms of his chair.  I don’t really recall when I first saw this beautiful piece, but I found it disturbing.  Perhaps it’s because the sitting pontiff looked as if he was being electrocuted.  Except I wondered, who, if anyone, really belongs in an electric chair.  Who should receive the ultimate punishment.  Who should decide, and what should the circumstances be.

It is a controversial issue that our country and our courts have struggled with for years, at one point barring all executions as cruel and unusual.  Then, in 1976, the US Supreme Court took up five cases to change its mind.  One of those Death Penalty cases was Proffitt v Florida, 428 U.S. 242 (1976). The court allowed states like Florida have its trial judges make the determination. With a formula that addressed mitigating and aggravating factors judges were allowed to calculate whether they would be sentencing someone to death. 

I envision this Capital Punishment formula having algebraic expression that would read something like:

                                       7M + 8A= 0 (CU)

M = mitigating
A = aggravating
CU = cruel and unusual

Although the idea was to put some objectivity into the decision making, at some point it’s almost absurd to think that we can objectify a decision that is so laden with emotion.  In my opinion, adding the formula de-emotionalizes the death penalty so that it can be carried out. 

Bacon’s painting was in the back of my mind as I painted this piece. In it I portray a Death Row inmate whose time is up. He sits in a vacuum, waiting for one of us to pull the switch.  It’s harder to do that when you see the individual face to face, regardless of the formulas.

Naturally, it is a fantastic painting, it is loud, brash. But then again, there is nothing more fantastic than the death penalty, whether by lethal injection or some other process.

I created this painting to make us all more aware about capital punishment, because, in the end, all of us have a firm grip on that switch.

 

 

 

To see larger image of his painting click here.  The painting  is part of series created by the artist for "May It Please the Court,"  a solo exhibit in the rotunda of the Supreme Court of Florida.  The 2004 exhibit includes paintings portraying landmark US Supreme Court cases originating in the artist's home state of Florida.)


 

 

 

 

 

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Xavier Cortada has exhibited his works in museums, galleries, and cultural venues around the world and has pioneered the use of the Internet in collaborative art-making. The Miami-based Cuban-American artist, attorney, and activist has worked collaboratively with diverse groups across the United States, Latin America, Europe and Africa to create pro-social community murals and participant-driven art projects. 

Cortada has created murals for:

The White House
HBO
Hershey's
Nike
Global Health Council
World AIDS Conferences
Miami-Dade County Juvenile Courthouse
Miami-Dade Art in Public Places
Miami Art Museum

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