Notes From Northern California

and random rants

D.M. Schwartz

D.M. Schwartz
Location
Fair Oaks, California, USA
Birthday
September 10
Bio
Architect, engineer, writer, in the foothills of the Sierra Nevada. To find my stories on the Web, search the Kindle Store or Google: "D.M. Schwartz."

MY RECENT POSTS

SEPTEMBER 24, 2010 11:28AM

Execute Murderers?

Rate: 1 Flag
Bodmin Gallows

 Bodmin Gallows, England, 17th Century 

A particularly awful home invasion and triple murder case is currently being tried in Connecticut. Allegedly, two men broke into the Petit’s home, knocked the husband unconscious with a baseball bat, tied him and his two daughters aged 17 and 11 up, forced his wife to withdraw money from the bank, then raped and strangled her. The older daughter was raped and left tied to her bed. It is unclear whether the younger daughter was assaulted. She too was left tied to her bed. Finally, the men set the house on fire. The girls died of smoke inhalation. The husband managed to escape. If the accused are found guilty, they will very likely be sentenced to death. I won’t have a problem with that.

I understand the arguments of the anti-capital punishment crusaders. The most powerful argument in their arsenal is the fact that some innocent people were executed by the state, which made all of us complicit in a vile injustice. I plead guilty as charged and support every effort to release unjustly imprisoned death row inmates. DNA re-analysis, admission of improperly excluded evidence, revelations of jury tampering or prosecutorial misconduct and every other means should be utilized to ensure that nobody who is innocent is executed. If there’s even one remaining doubt, a death sentence should be commuted to life imprisonment.

With extensive review and safeguards in place, erroneous death sentences can be eliminated. But given the costs of that effort, the costs of appeals and the costs of the execution itself, why not just go for life sentences without parole? Doesn’t that have the same effect; removal of the murderer from society? Yes, for some people, putting a killer out of sight and out of mind is enough. And, the cost of enforcing a death sentence is very high, sometimes more than life imprisonment.

So, am I simply a vindictive Old Testament kind of guy who yearns for hang ‘em high retribution, whether or not it has any inhibitory effect? No, it’s something else. Something I think many people feel at a gut level but can’t articulate.

My feeling is that people who commit the ultimate evil act, murder for personal gain, are irretrievably damaged. Their negative mental energy pollutes our common mental space, the “Noosphere,” as some philosophers have called it. Even when killers are locked away, they are still on-line with the rest of us in a meaningful way. Once dead, I’m reasonably certain they are gone from the space where living mental energy interacts. Sound like nutty, new-agey bullshit? Maybe, to you. Not everyone gets it or understands why their intuitive reaction is what it is.

I know, some of you will argue that forgiveness and salvation are possible in this life even for the most reprehensible. You say their mental energy, soul, spirit or whatever you want to call it can be rehabilitated. I agree with you up to the “most reprehensible” part. I can’t find it in my heart to forgive them and I doubt any greater-than-human power would grant them salvation. Society can and should kill those specific, evil people. Fortunately, there aren’t many.

 

 

 

 

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Comments

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I guess I agree mostly - but in my prison-visitation stage I met many murderers, a couple of stone psychopaths, some convicts having committed particularly awful things (cannibalism - TWO of them), and I cannot find it in myself to see them executed. But never released - that goes w.o. saying.
Myriad,

You're a kinder soul than I am. Given the opportunity, I'd push the kill button on the Petits' murderers.

David
From what I see on TV and read, I would to - but maybe neither of us would if we spent a little time with them. (Hint - sometimes I think the jails should be even bigger ... to accommodate the culprits' parents too.)
You don't try to "save" rabid dogs, you put them down.
LeedsJr,

I agree, and feel more sympathy for the rabid dogs. After all, they didn't get sick on purpose.

David
You say execute the Petit murderers. Good luck with that. How's chances the murderers will be the ones they get? Truly heinous crimes result even more frequently in juries going for the accused because they are accused. I've seen trials and I can tell you, man: cops lie on the stand, even when little or nothing rides on it; and also here's a deal of pressure in heinous cases upon prosecutors and police to find someone to blame.

They don't even get the right guy in penny-ante crimes. You maybe could benefit from a bit wider experience of the self-labeled 'justice' system.
Dave,

I agree the justice system has serious problems and that finding the truly guilty is many times problematic if not impossible. However, in the Petit case it sure looks like they got the right guys. Check it out yourself.

Best Regards,

David
Executions are the illusions that we have served the interests of justice in extracting repayment from a criminal. Show me the money! See further details to this blog. http://open.salon.com/blog/the_shadow_of_light
Executions don't pay us, they cheat us. See my detailed response to the Schwartz arguments.
http://open.salon.com/blog/the_shadow_of_light/2010/09/24/debt_slavery_pays_us_the_death_penalty_does_not
Carl;

I appreciated your carefully argued case for the use of prisoners as slave labor. As you may know, California uses a portion of its prison population in prison industries such as furniture making. State agencies must buy this stuff preferentially. Commercial furniture manufacturers are not very happy about this situation.

However, you did not address my reason for supporting capital punishment of the most heinous crimes, after a very thorough investigation to ensure there is no remaining doubt.

Sincerely,

David
I'll make a different argument.

Consider the case that you hear someone was executed in a foreign country. Perhaps even an American. You don't know the circumstances. They assure you they're sure. How could you know for sure this was right and proper? You can't.

I've traditionally had the same view as you, but I've been swayed with time that if you simply make the rule simple ("If you executed someone, you have violated their human rights.") then it's possible to audit on a worldwide basis.

The problem is that many countries (to include sometimes the US) use imprisonment or death as a form of political suppression. In fact, it's been common in recent years to claim merely being a Democrat is a traitorous thing. They're probably kidding, right? Well, increasingly the rhetoric is transforming in a dangerous way. And if the penalty for being a traitor is death, then it's a short hop from being a member of the out-of-power party to death.

I think it's safer to conclude that these things might shift with time and that we might want to keep the people around. Yes, sometimes there is an awful crime. But it's one of those things like diplomatic immunity where the protection is not just for the individual but for the entire process and where the effects of changing it happen in unintuitive places.
Good points, Kent, but I remain unconvinced that the benefits of letting all murderers live outweigh the benefits of the permanent removal from the Noosphere of the very worst.

The human rights argument rests on the assumption that even self-confessed serial murderers for hire are still human. Of course, they are human in a biological sense, but spiritually, ethically and morally? No, I don't think so. As a society, I think we can distinguish the people who have become pathologically damaged killers from the people who have murdered for passion or self-defense who still have a shot at redemption.

Sincerely,

David