The Fugitive's depiction of an innocent man condemned to
electrocution literally galvanized the nation. And when several of
former President Richard Nixon's Supreme Court appointees turned out to
be fans of the show, it seemed as if the days of the death penalty in
the U.S. were numbered. In 1972, the Supreme Court handed down its
landmark Furman v. Georgia decision, invalidating hundreds of
scheduled executions. The majority opinion cited the Eighth
Amendment's prohibition against cruel and unusual punishment, and
noted that because of ``the difficulties inherent in reliably
determining whether one-armed men or other unknown parties may in fact
be responsible for the crimes attributed to pediatricians and
similarly innocent citizens falsely convicted of murders,'' capital
punishment should be abolished. However, in 1976, the Court (perhaps
growing nostalgic for the good old bad old days) reversed itself,
ruling that states may administer the death penalty so long as certain
conditions are met, such as the condition that ``in the event of a
convict's escape en route to the deathhouse, a weekly one-hour
television drama series shall be produced, documenting said convict's
attempts to establish his or her innocence, until such time as the
convict shall be recaptured or exonerated.'' Since then, public
opinion has been sharply polarized on the issue. While
opponents (including the
ACLU) point
to Richard Kimble's case as a clear example of the potential for a
fatally ironic miscarriage of justice, death-penalty advocates argue
that the show would not have been nearly as exciting if Kimble had
only been trying to escape from a life sentence without parole. The
fugitive himself remained noncommittal about capital punishment,
ducking the question when he is asked his opinion at a cocktail party
in THE GIRL FROM
LITTLE EGYPT.