Tuesday, October 27, 2009

The Death Penalty

The Death Penalty

I have always been a supporter of the death penalty. In fact, I have felt that it is has not been used often enough. It has been referred to as “the ultimate punishment for the ultimate crime”, and “killing criminals that kill”, and “an eye for an eye” … it has not seemed unreasonable to me. I have even thought that those who ruin the lives of others should be put to death, i.e., rapists, child abusers, molesters, abductors, arsonists, and thieves. I have recently added those that ruin the financial lives of old people and retirees. There are “buts” coming … but wait. Remember Enron and Bernie Maddoff? … they stole the financial future and security from thousands of people. I’ll bet if you asked some of the people whose lives have been ruined, more than a few would like to see the ultimate punishment used in their cases. I know that will never happen, but there should be a very harsh punishment for them.

What brings this up you ask? Former Texas Governor Mark White said in an interview published in the Houston Chronicle and San Antonio Express-News that the death penalty no longer deters murder, that long delays between convictions and executions show there is no swift justice and that he's increasingly concerned the law isn't administered fairly. I agree with him that the law is not administered fairly, but that’s nothing new. The law is not blind and The Golden Rule often comes into play … . you know it … “he who has the gold, rules”. If you have enough money or have a case that is high profile enough, the best lawyers line up to take the case. Some do it for the fee that can be fetched from the criminal (think back to OJ and his Dream Team) and others do it for the potential fees that will come from taking on a high profile case.

Mr. White is wrong about the death penalty being a deterrent. In fact, I’m not sure it has ever been a successful deterrent. I view the death penalty as punishment, pure and simple. Criminal punishment deters very little crime; if it did, there would be no need for jails and prisons. No one would steal, sell drugs, rape, extort, or (quite simply) break the law. Humans are not that nice. Mr. White is right about the death penalty not being administered fairly. How would you feel if you were on death row and you heard about a woman drowning all five of her children and getting away with it due to insanity? I think I’d say that justice was not served and that the death penalty is not fair.

You either have to be rich or crazy to get away with murder or avoid being put to death. When justice is not served, it shows a calloused disregard for the victims who have been killed by the criminally insane. If someone considered criminally insane broke into your house, robbed a bank, shop lifted, or crashed into your car guess what would happen? They’d be expected to pay for the crime or the damage … no one would let them off because they’re insane and therefore can’t be held responsible for their actions.

The times that we do hear of the innocent being unfairly convicted (whether it involves the death penalty or incarceration), is when improper or illegal actions are taken by a District Attorney or Law Enforcement investigators. I recommend reading John Grisham’s book The Innocent Man … it is the only non-fiction book he has written. It gives us a glance at how law enforcement and a willing district attorney can ruin people’s lives. Remember the alleged rape by three Duke University lacrosse team players of an exotic dancer? They were wrongfully accused by District Attorney Mike Nifong. It was found that Mr. Nifong was trying to use the case to advance his political career. Fortunately, that was discovered before he could send the players to prison. The players were eventually acquitted, but not before their reputations (and the reputations of their families) were severely damaged and they were forced to pay the high financial cost of putting up a defense. Even Jesse Jackson and Al Sharpton became involved in this case. In the end, the district attorney was disbarred and had to spend one day in jail … how harsh. We have a legal system that requires regulation and over site and perhaps even an overhaul, but not the sentences given to punish criminals. While theses cases did not occur in Texas, we have our share of them that go undiscovered.

Mr. White should be more concerned about keeping innocent people from being wrongfully charged and convicted instead of having the death penalty done away with. If he has changed his mind on the death penalty for personal reasons, he should just say so rather than disguising his concern for innocent people being executed.

I don’t know if the State of Texas has actually executed someone that is innocent. If we have, then restitution should be paid to the families and charges brought against the wrong-doers in law enforcement, the court system, and anyone else that was knowingly involved in the injustice. If mistakes were made causing some innocent person to be executed, we still owe the family restitution and to clear the name of the accused so that they may at least rest in peace.

My mind has not changed. I believe that there are those that should be put to death for their actions … including those that claim insanity (because they, too, have executed the innocent). For those that have been wrongfully executed or incarcerated, the government must pay to make amends … but we must also hold ourselves accountable for electing prosecutors of poor/low morals and integrity, for electing judges that pay little attention to our laws (and even less attention in the courtroom), and for not keeping a watchful eye on law enforcement. It is our job as citizens (and human beings) to protect ourselves from government and to force government to control itself.

There you have it.
Pass it on if you like or let me know if don’t have a clue.

Eddie

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