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On Death Row: What Werner Herzog’s Prison Series Can Teach Us About Journalism

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“I love the rain, I love when I can hear the rain on the roof,” Florida inmate James Barnes, on death row for murder, tells Werner Herzog in the premiere of his new television series, On Death Row. It reminds him that there is a world outside. If you’ve heard of Werner Herzog before, this sentence may seems a bit strange, but it’s true: with a career spanning more than three decades as one of the greatest filmmakers of all time, Herzog—the director of such classics as Fitzcarraldo, Aguirre: The Wrath of God, and Grizzly Man— has teamed up with Investigation Discovery to make a series out of his latest documentary.

RELATED: Werner Herzog And Samuel L. Jackson Narrate Profane Bedtime Book ‘Go The F*ck To Sleep’

Into the Abyss, the documentary upon which the series On Death Row is based, chronicles the end of the lives of several death row inmates—their crimes, their last thoughts, the way they, their families, and the families of victims cope. Herzog makes it no secret that he disagrees the capital punishment from a political standpoint, but his work is not political. Nor does it mean that he feels any especial empathy towards the inmates he interviews—in the premier episode of the program, he tells Barnes, “Just because I sympathize with your cause does not mean I have to like you.”

Despite being open about the fact that he did not believe the state should have the power to take life, much of the episode details Barnes’ crimes with brutal honesty. There is barely any music, nothing intended to tug at the heartstrings. There are lighthearted moments, like when Barnes notes that one of his favorite foods is grilled beef, and Herzog jokes that he may prefer barbecue “because you’re an arsonist.” But much of the episode revolves around how Barnes got there—namely, sexually assaulting a woman and beating her to death with a hammer, then setting the bed on which he killed her on fire.

“It was very ugly, it was very brutal, it was very messy,” Barnes tells Herzog. “There’s no way to take it back.” Herzog interviews the detective on his case as well as Barnes’ attorney, and gives Barnes a chance to say that he was remorseful, that he “cried so many nights over it.” This before he lets Barnes’ twin sister unveil that he had committed an unspeakable crime against her, and before Barnes decides to confess a number of other crimes unrelated to the one he is being killed for, several months later.

Herzog did not convince me that capital punishment was a mistake. In fact, despite his openness with his personal biases, the first episode of On Death Row confirmed to me what I always believed about it: that not matter how terrible the anxiety of knowing the state is about to kill you, no matter how monumental the strain or the threat of giving the state so much power, none of these concerns can trump the horror of the actual crimes for which these people end up on death row. That does not mean the policy works in practice as it should—and condemning innocents is a very serious concern— but nothing in this first episode of the series, even the author’s admission that he disagrees with me, changed my opinion.

RELATED: Watch Stephen Colbert Lose Control Of Interview As Werner Herzog Goes On About ‘Cave Porn’

That Herzog put his biases front and center in the piece made me trust his approach more—the only thing someone on a journalistic mission has to lie about is their opinion, and being open about that leaves little left to be dishonest about. This fundamental truth of journalism has evaded much of American politics today, where the mirage of “objectivity” has become the ultimate sacred cow, where journalists have conflated having an opinion with imposing over their audience in such a way that coming to any conclusion on any issue is frowned upon. No matter how much of a good faith attempt it may be not to deceive viewers, upholding objectivity over honesty necessarily leads to precisely the result they intend to avoid. As Herzog notes in his series, having an opinion is no journalistic sin—it’s natural. One never feels that he imposes his opinion simply by making it public, and presenting it in such a way is a skill that would benefit public discussion on every major societal issue—capital punishment being no exception.

Herzog’s On Death Row premieres on Investigation Discovery on March 9th at 10PM. Into the Abyss, the film from which this series came, is in select theaters now. For those unacquainted with Herzog’s work, I would recommend as a starting point My Best Fiend, his 1999 documentary on working with legendary actor Klaus Kinski. The preview for the series below:

Werner Herzog’s ON DEATH ROW (2:30 Clip) from Investigation Discovery on Vimeo.



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  • Anonymous

    There is a 100% chance that there is at least one person on death row who has not committed the crime they were accused of.  This, despite the American justice system being the best, and fairest justice system in the world.  I’ve seen too many people let out after spending 20+ years in prison after DNA demonstrates that they are innocent of the crime to not know that this is the truth.

    Knowing that, how can you possibly be in favor of capital punishment.  I don’t need to hear any other argument other than this one – this one supercedes all others.

  • Anonymous

    Herr Werner is an absolute genius, I cannot wait to see this film. 

  • Anonymous

    Werner Herzog is a God. Can’t wait for it. Glad you mentioned ‘Aguirre’, it is too often forgotten.

  • david r

     I really loved Aguirre, the Wrath of God.

  • Hout Bosques

    When countries in like the U.K., Canada, Australia, New Zealand & almost all of continental Europe went about reviewing their official use of the death penalty at various times following WWII, it was in the context of a century of accumulated data showing time & time & time again where the state had executed people convicted of capital crimes & the real killer later confessed; or it turned out later than science was able to prove that the death was an accident; or that the convicted & executed person’s alibi turned out to be true; etc.  

    But it wasn’t just that. Those countries went deeply into all the other arguments for punishment, including personal deterrence, rehabilitation, general deterrence, public safety & revenge. Obviously the first two have no application at all when it comes to the death penalty, & statistical analysis showed no meaningful difference between the death penalty & life imprisonment, so it really comes down to general deterrence & revenge. General deterrence turns out to make no sense: no one committing a murder somehow needs to be reminded that what they’re doing is wrong & will be punished severely, & no one in that situation stops to consider, Hey, if I actually kill this person, I may fry, as opposed to being imprisoned for life. So, it all comes down to revenge. 

    But revenge is such a weak benefit, if benefit at all, that it’s more than offset by the fact that the at least some people the state executes will turn out innocent – which turns out to have devastating effects on the respect of the public for the Rule of Law.

  • Hout Bosques

    Me, too. But also Fitzcarraldo, with that whole crazy idea of building an opera house in the Amazon; & Nosferatu. Plus he did the recent documentary exploring the prehistoric cave paintings in France.

  • http://Mediaite.com/ Frances Martel

    Fitzcarraldo is my favorite movie ever. I loved Aguirre (and all the Kinski movies) too, but I like Herzog best with happy endings. Also, if you haven’t seen it, Bad Lieutenant is simply phenomenal– you’ll never look at Nicolas Cage the same way after that.

  • Anonymous

    You sound like a typical liberal and probably one of those who support abortion(termination of innocent human lives), while being against the death penalty for murderers. For example, over 50 million(50,000,000+) babies have had their lives terminated since Roe v Wade 39 years ago; but I’m sure(according to data of total executions) that less than 100 “innocent” convicts would have faced a fate similar to that of the unborn humans, whose lives were terminated by verdict of their mothers and the State, during the same 39 year period. I digress

    The fact that the U.S justice system is flawed(yet still the best in the world), and some inmates possibly wrongly accused and convicted, is actually a silly argument to make for the abolition of capital punishment.

    If not that you’re a traditional liberal as I have asserted, a logical argument with reason and common sense which you could have made, would have been to suggest that the US justice system undergoes a comprehensive reform, compliant with 21st century science and technology, whereby capital punishment should ONLY be administered when there is “indisputable” evidence(DNA,CCTV,Crowd of Witnesses in live shooting, etc… ) against a defendant being charged for taking the life or lives of innocent human beings.

    Only typical liberals would make your kind of silly argument, like those who similarly support the basic rights for human beings, yet are against the right to LIFE itself,of the unborn humans.

    Innocent victims of violent deaths are never shown clemency by their assailants(multiple murderers in some cases), who eventually hope and expect clemency, by drawing up sentiments in the minds of liberals like you. Being a repentant murderer or mass-murderer is a good thing, but his or her creator would show them mercy in the life after; i.e. for those who believe there one. But at far as this life is concerned, the laws of the land should take precedence.

  • Anonymous

    I don’t have to address your entire statement due to time constrains on my part, but let me quickly point out one issue you mentioned: that people while committing the act of murder and other heinous crimes, do not consider the punishment that awaits them.

    You are right to say they do not “stops to consider” i.e. if you mean literally; otherwise perhaps you need to watch some documentaries and even fictional movies that have to do with hostage situations, premeditated murders, and similar crimes. Capital punishment has always been and still is a significant deterrent against most crimes of murder.

  • Anonymous

    This would be a compelling argument, but I don’t think it’s backed up by compelling statistical evidence. I’m going to post a couple of links here from the Death Penalty Information Center. Now I know the group (despite never having made a formal declaration of intent) is anti-capital punishment. I also admit that there are many many other factors at play which are not being taken into consideration. But I still think you should take a look at this: 

    http://www.deathpenaltyinfo.org/deterrence-states-without-death-penalty-have-had-consistently-lower-murder-rates 

    http://www.deathpenaltyinfo.org/facts-about-deterrence-and-death-penalty

  • Anonymous

    Your argument here is one of consistency, yes? I came across this idea in the documentary “Lake of Fire”. An agnostic/atheist anti-abortion individual said that for those who are anti-abortion you need to be consistent and be anti-death penalty, amongst other things. I think it was called The Blank Slate or something. I can’t find a clip, sorry. 

    But the argument I think is flawed in that abortion and the death penalty are fundamentally different issues. Due to their differences it cannot be assumed that just because one supports one of them they have to support the other. Personally I find myself on the pro-abortion side of the argument but anti-death penalty. My reasoning is fairly simple: I don’t consider (logically) an unborn child to be a human being. Is it possible that I might characterize or personify an unborn child? Yes. But I think that’s evidence of my brain being less logical and more emotional. I tend to do the same thing to animals despite recognizing the fallacy. 

    “Innocent victims of violent deaths are never shown clemency by their assailants”

    Well, yes. But if they had those people wouldn’t be innocent victims of violent deaths. The whole point is that a person has been murdered. The murderers can’t grant clemency after the fact and bring the person back to life. Even if they wanted to. They don’t have the option of granting clemency.

    Could I ask you to expand on your idea about death row inmates who don’t believe in the afterlife? I think that’s an interesting point.

    “But as far as this life is concerned, the laws of the land should take precedence.”

    Which is why I support the law of the land outlawing the death penalty.

  • http://www.facebook.com/profile.php?id=100002297697100 Justice Xu

    There is no contradiction with being pro-life on
    abortion and pro-death for murderers. On the one hand you have completely
    innocent babies destroyed while waiting to be born. On the other, you have
    vicious and vile human beings guilty of murder and the worst of atrocities. The
    circumstances are totally different so you treat them differently, not the
    same. To do otherwise shows that you are morally blind.
    Those numbers of exonorees cited by you and so, so many other sources are
    bogus. They come from the rabidly anti-death penalty group (with a deceptively
    neutral sounding name) The Death Penalty Information Center. Only a fraction of
    the “over 130″ inmates exonerated are truly innocent. This has been
    pointed out by Dudley Sharp and others time after time. This group makes no
    distinction between legally innocent (guilty for sure but the overturned
    conviction cannot be secured again based on stricken evidence, deceased
    witnesses, etc.) and actual innocence (never committed the crime). So very few
    of the DPIC’s exonorees are actually innocent and this group knows it.
    And there is not one single case where the death penalty opponents can say
    involved execution of the innocent. Not one. Only trumped up claims and
    exaggerations. Yet we know for sure that numerous killers once on death row
    were spared only to kill again, e.g. Kenneth Allen McDuff, Darryl Kemp, Eddie
    Simon Wein, Joseph “Mad Dog” Taborsky, Anthony Prevatte, Bennie
    Demps, Jeffrey Landrigan, Harvey Carignan, Robert Lee Massie, etc. Had these
    killers been executed the first time around, numerous innocents would have not
    been murdered.
    Way, way more innocent people will die because of our failure to execute than
    our executing of the innocent. Think about it? Execution of the innocent? Never
    proven. Innocents dying from killers spared execution? Its happened over and
    over and over again.
    And as far as the cost of executing? It costs more to execute than life in
    prison because of the gross manipulations of the system by the very people who
    complain of its costs – opponents of capital punishment. Streamline appeals and
    executions will become cheaper than life without parole.
    And speaking of life without parole, the anti-death penalty crowd will focus on
    getting rid of that punishment and protection to society as soon as they are successful
    in getting rid of the death penalty.
    There is no conservative argument against the death penalty. It saves lives
    through general deterrence (numerous peer reviewed studies from top
    universities show deterrence, i.e. Emory, Univ. of Chicago, Univ. of Houston,
    etc.) and actual deterrence (executed killers will never kill again).
    The world is a better place with certain people gone from it, child
    abductor/killers especially. 

  • Anonymous

    I agree about there being a difference between abortion and the death penalty (see my post below). I also gave my reasons for supporting one and not the other.

    Why are the statistics bogus? I don’t see you refuting them in any way. I noted that the group is quite anti-death penalty. But that doesn’t mean we discount their research. It is tough truly ‘objective’ viewpoints and if their data has not been tampered with, we should take it into account.

    Legally innocent is what matters here because the system is set up so that all are considered “innocent until proven guilty”. In those cases it could not be proved. It’s quite simple really. If someone is legally innocent the law can’t convict them and put them to death. I’m sure that some people have gotten away with murder and other atrocities because of this, but that doesn’t convince me that the principle is faulty.

    Yes, there are examples of death row inmates being pardoned and killing again. True. Those are tragedies that would never happen in a fair world.

    For one example of innocence, what about the case of Randall Dale Adams? He was pardoned and is now widely considered to be wrongly convicted. 

    “It saves lives through general deterrence (numerous peer reviewed studies from top….)” 
    I addressed this issue already. You are using ‘expert’ testimony, so am I. The difference is that most ‘experts’ agree that it is not an effective deterrent. And as the DPIC thing states, most criminologists agree (i think it was 85%) that the penalty does not act as a deterrent. 

    Sorry if this is a bit harsh and snarky but the general tone of your post rubbed me the wrong way. 

  • Anonymous

    Anyone supporting murder by the state shares some guilt of the crime of murder!
    Fuckingbarbarians!

  • http://www.facebook.com/profile.php?id=100002297697100 Justice Xu

     Your general tone of your post replied to me also rubbed me the wrong way. Randall Dale Adams – he was not executed. I am glad he was not. 

    <> And speaking of life without parole, the anti-death penalty crowd will focus on
    getting rid of that punishment and protection to society as soon as they are successful
    in getting rid of the death penalty.<> All the more, we want those guilty murderers dead, so they cannot be allowed by criminal rights group to kill again.

  • http://www.facebook.com/profile.php?id=100002297697100 Justice Xu

    Your general tone of your post replied to me also rubbed me the wrong
    way. Randall Dale Adams – he was not executed. I am glad he was
    not. 

    <<but ‘objective’ viewpoints and if their data has not been tampered
    with, we
    should take it into account.>> And speaking of life without parole, the anti-death penalty crowd will focus on
    getting rid of that punishment and protection to society as soon as they are successful
    in
    getting rid of the death penalty.<<yes, again. True. Those are tragedies that would never
    happen in a fair
    world.>> All the more, we want those guilty
    murderers dead, so they cannot be allowed by criminal rights group to
    kill again.  

  • Anonymous

    First of all it takes just a little common sense to realize the consistency in preserving the value of innocent human lives. The death penalty has always been the sentence for those who choose to take innocent human lives; and those who support the death penalty while opposing abortion, do believe that no one has the right to take the innocent lives of their fellow humans, born or unborn. There is absolute consistency in that argument, is it your own argument(pro-abortion but anti-death penalty) that proves to be highly inconsistent from a logical point of view, given that you support terminating the innocent life, while sparing the guilty one who killed others.

    I find it rather disturbing that in your opinion, an unborn child is not a human being. As a matter of fact there were some in past centuries who also passionately and vehemently made a similar argument that humans with a black skin were lesser beings and should be owned as property; so in this 21st century I am compelled to consider you in the same light as those who made that centuries old argument. Science, Nature and Religion all have a consensus that “HUMAN LIFE” begins at the moment of conception. Even scientists with their evolution fanaticism, do not dispute the fact that ‘human life’ begins right from the moment a human spermatozoon meets an ovum. The argument here should be: “What is the value of human life to you?” and not “When does human life begin?” Based on your opinion, it is obvious you could care less about the lives of babies who are taken out from the womb prematurely, through Caesarean section.

    ———
    “Well, yes. But if they had those people wouldn’t be innocent victims of
    violent deaths. The whole point is that a person has been murdered.The murderers can’t grant clemency after the fact and bring the person back
    to life. Even if they wanted to. They don’t have the option of granting
    clemency.”
    ———
    A history and documentation of violent crimes shows that victims almost always begged for mercy that their lives be spared by their assailants. Besides some people have been killed for mere robberies as little as $50. So if the murderers did not grant clemency when they had the opportunity, and cannot bring back the lives they took, then I think the same fate should meet them after a fair trial and conviction.

    Inmates are people from the free society, and in the society there are people who do not believe in God or the after life, so it is accurate when I said “but his or her creator would show them mercy in the life after; i.e. for those who believe there is one.” Not everyone believes in God or an after-life, so the same applies to convicted inmates.

    If you support the law of the land outlawing the death penalty, you might as well support outlawing LIFE INCARCERATIONS, ABORTIONS and WARS(which involves one person shooting another, or killing thousands).

    Under laws of the land:

    Life incarcerations are legal
    Abortions are legal
    Declaration of wars are legal

  • Anonymous

    Thanks for your reply. As noted before the consistency argument cannot be applied because there are clear differences between abortion and the death penalty. Being against one and for the other are not inconsistent. Just like you are for one and against the other doesn’t make you inconsistent. It doesn’t make me inconsistent either. Like I said, the consistency claim is not an effective argument.

    As the DPIC link I posted previously points out, several death row inmates have been found innocent. Therefore they would also count as “innocent lives”, don’t you think? Not always “really innocent” but legally innocent. And if any innocent person is hanged isn’t that also an innocent person’s life being taken? There is no way to prove that 100% of all death row inmates are guilty. In fact that is just not true

    Yes, we agree that the fertilized egg has the potential to become a human being. But there are several cases where that doesn’t happen. Like when the zygote moves through the uterine wall without  implantation. We don’t consider that the loss of human life. We don’t mourn that. If you do, then I’m sorry, we just can’t see eye to eye. To me, until the fetus has been born (whether through natural birth or means such as a Caesarean) it is not a human being. You may disagree of course. I just don’t see the fetus as a separate, conscious being until it is independent of its mother (even if the mother dies during birth, the child can still survive).

    By “clemency” I meant the ability of certain judicial/political entities to prevent incarcerated criminals being dealt a punishment. Sorry if I was unclear last post. So the equivalent I was thinking of was the forgiveness of an action, which is why your statements did not make sense to me. Also, it seems you are advocating an eye for an eye here, and that, as that wonderful quote goes, just makes the whole world blind.

    I would personally love it if nobody could ever declare, fight or need to go to war. I know that’s unrealistic, but I can’t give up on the hope. Why should I not support life incarcerations? I do support them. If an individual proves to be a consistent and dangerous threat to society I don’t think there is anything wrong with incarcerating them and isolating them from functioning society. To me that person has violated the social contract and so should not be allowed to participate in society.

    All the best.

  • chris crowley

    As a victim, going through this process and now waiting for an execution, I would love to see just one of these programs from the victims point of view. This show is going to be made with an anti-death penalty  theme and will not cover the victims with the same coverage time or depth as the murderer. The victims are not only the one who is killed, but the ones left behind to deal with the horror of the murderers deeds. These murderers now have a TV show, nice.

  • Claire Nguyen

    The Heart of a Chicken: Notes on Werner Herzog

    http://www.berfrois.com/2012/03/eli-evans-werner-herzog-chicken/
     

  • http://twitter.com/EdieSimmons1 Edie Simmons

    The show last night about the man in Texas who claims he’s innocent could be The MO of the murder sounds like two intruders two weapons

  • http://twitter.com/EdieSimmons1 Edie Simmons

    Texas is hiding the evidence and want’s him to be exeacuted so they don’t have to pay a lawsuit

  • http://twitter.com/EdieSimmons1 Edie Simmons

    A crime with a blongeoned to death Mom and two mentaly ill boys stabbed should of been blood foot prints

  • http://twitter.com/EdieSimmons1 Edie Simmons

    It’s also possible one of the teenage boys blongeoned his Mother and the other boy got a knife to try and help and then the boy stopped and got a knife and the two boys fought each other with the two knifes, Three weapons

  • http://twitter.com/EdieSimmons1 Edie Simmons

    I would like to see Cold Cases  come in and go through this information

  • http://twitter.com/EdieSimmons1 Edie Simmons

    I only know I have watched hundreds of crime shows and this one is missing a lot of evidence and it looks like they just grabbed her boyfriend who was drunk and never even looked for any other suspects

  • http://twitter.com/EdieSimmons1 Edie Simmons

    Looks like it’s to late last month they denied the DNA another innocent man dies

  • http://twitter.com/EdieSimmons1 Edie Simmons

    The truth is if he was guilty then bring in the DNA and prove it ,The crime scene was so contaimanated  that no one took any,

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