June 21, 2008
Why the death penalty?
I'm not a big fan of the death penalty; as a conservative with an instinctive antipathy for governmental powers of life and death -- as well as a recognition that nothing made or administered by man is perfect -- arguments in favor of alternatives to the gallows draw my interest.
But then there are the crimes so heinous, so unbelievably cruel and depraved, that it becomes obvious to me that society ought not allow the killers to enjoy another sunset.
Setting aside for the moment cases with the "perfect" murder defendant (multiple eyewitnesses, a video of the killings, a full confession and conclusive physical evidence confirming the killer's guilt), what about the so-called run-of-the-mill capital cases, the ones where the jury is convinced beyond a reasonable doubt, without reaching the level of metaphysical certitude that supports 100 percent accuracy?
While public support for the death penalty in the United States has been rock solid for decades, death penalty opponents are fond of pointing to polls that show a majority of Americans supporting the abolition of capital punishment if there exists an iron-clad life sentence, without the possibility of a judge, politician or parole board deeming the convict worthy of parole.
But then stories like this hit the web, and I realize (again), that without the death penalty, there's simply nothing we can do to some people, no punishment the ACLU will allow, that will protect the innocent from men with murder in their hearts.
ATWATER, California — Officials say a guard has been stabbed to death by inmates at a federal prison in Central California.
Merced County Sheriff Mark Pazin says 22-year-old Jose Rivera was taken to a hospital with stab wounds Friday afternoon and declared dead a short time later.
The U.S. Penitentiary in Atwater says the officer was stabbed by two inmates with homemade weapons.
An autopsy is planned and the FBI is investigating.
The prison is in the San Joaquin Valley about 64 miles northwest of Fresno.
Why do I support the death penalty?
Because without it, the convicts who murdered Corrections Officer Jose Rivera would only get another life sentence -- and be free to kill again.
And again.
And again.
Until they grew bored with spilling blood.
If nothing else, the death penalty prevents killers from killing again, which is -- or at least ought to be -- enough.
My condolences to Officer Rivera's family, friends and colleagues.
Posted by Mike Lief at June 21, 2008 09:39 AM
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The Death Penalty: More Protection for Innocents
Dudley Sharp, Justice Matters, contact info below
Often, the death penalty dialogue gravitates to the subject of innocents at risk of execution. Seldom is a more common problem reviewed. That is, how innocents are more at risk without the death penalty.
Living murderers, in prison, after release or escape or after our failures to incarcerate them, are much more likely to harm and murder, again, than are executed murderers.
This is a truism.
No knowledgeable and honest party questions that the death penalty has the most extensive due process protections in US criminal law.
Therefore, actual innocents are more likely to be sentenced to life imprisonment and more likely to die in prison serving under that sentence, that it is that an actual innocent will be executed.
That is. logically, conclusive.
16 recent studies, inclusive of their defenses, find for death penalty deterrence.
A surprise? No.
Life is preferred over death. Death is feared more than life.
Some believe that all studies with contrary findings negate those 16 studies. They don’t. Studies which don’t find for deterrence don’t say no one is deterred, but that they couldn’t measure those deterred.
What prospect of a negative outcome doesn’t deter some? There isn’t one . . . although committed anti death penalty folk may say the death penalty is the only one.
However, the premier anti death penalty scholar accepts it as a given that the death penalty is a deterrent, but does not believe it to be a greater deterrent than a life sentence. Yet, the evidence is compelling and un refuted that death is feared more than life.
“This evidence greatly unsettles moral objections to the death penalty, because it suggests that a refusal to impose that penalty condemns numerous innocent people to death.” (1)
” . . . a serious commitment to the sanctity of human life may well compel, rather than forbid, (capital) punishment.” (1)
“Recent evidence suggests that capital punishment may have a significant deterrent effect, preventing as many as eighteen or more murders for each execution.” (1)
Some death penalty opponents argue against death penalty deterrence, stating that it’s a harsher penalty to be locked up without any possibility of getting out.
Reality paints a very different picture.
What percentage of capital murderers seek a plea bargain to a death sentence? Zero or close to it. They prefer long term imprisonment.
What percentage of convicted capital murderers argue for execution in the penalty phase of their capital trial? Zero or close to it. They prefer long term imprisonment.
What percentage of death row inmates waive their appeals and speed up the execution process? Nearly zero. They prefer long term imprisonment.
This is not, even remotely, in dispute.
Life is preferred over death. Death is feared more than life.
Furthermore, history tells us that “lifers” have many ways to get out: Pardon, commutation, escape, clerical error, change in the law, etc.
In choosing to end the death penalty, or in choosing not implement it, some have chosen to spare murderers at the cost of sacrificing more innocent lives.
——–
Furthermore, possibly we have sentenced 20-25 actually innocent people to death since 1973, or 0.3% of those so sentenced. Those have all been released upon post conviction review. The anti death penalty claims, that the numbers are significantly higher, are a fraud, easily discoverable by fact checking.
6 inmates have been released from death row because of DNA evidence. An additional 9 were released from prison, because of DNA exclusion, who had previously been sentenced to death.
The innocents deception of death penalty opponents has been getting exposure for many years. Even the behemoth of anti death penalty newspapers — The New York Times — has recognized that deception.
“To be sure, 30 or 40 categorically innocent people have been released from death row . . . “. ‘ (2) This when death penalty opponents were claiming the release of 119 “innocents” from death row. Death penalty opponents never required actual innocence in order for cases to be added to their “exonerated” or “innocents” list. They simply invented their own definitions for exonerated and innocent and deceptively shoe horned large numbers of inmates into those definitions - something easily discovered with fact checking.
There is no proof of an innocent executed in the US, at least since 1900.
If we accept that the best predictor of future performance is past performance, we can reasonable conclude that the DNA cases will be excluded prior to trial, and that for the next 8000 death sentences, that we will experience a 99.8% accuracy rate in actual guilt convictions. This improved accuracy rate does not include the many additional safeguards that have been added to the system, over and above DNA testing.
Of all the government programs in the world, that put innocents at risk, is there one with a safer record and with greater protections than the US death penalty?
Unlikely.
———————–
Full report - All Innocence Issues: The Death Penalty, upon request.
Full report - The Death Penalty as a Deterrent, upon request
(1) From the Executive Summary of
Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs, March 2005
Prof. Cass R. Sunstein, Cass_Sunstein(AT)law.uchicago.edu
Prof. Adrian Vermeule , avermeule(AT)law.harvard.edu
Full report http://aei-brookings.org/admin/authorpdfs/page.php?id=1131
(2) “The Death of Innocents’: A Reasonable Doubt”,
New York Times Book Review, p 29, 1/23/05, Adam Liptak,
national legal correspondent for The NY Times
—————————–
Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O’Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
Pro death penalty sites
homicidesurvivors(dot)com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx
www(dot)dpinfo.com
www(dot)cjlf.org/deathpenalty/DPinformation.htm
www(dot)clarkprosecutor.org/html/links/dplinks.htm
www(dot)coastda.com/archives.html
www(dot)lexingtonprosecutor.com/death_penalty_debate.htm
www(dot)prodeathpenalty.com
www(dot)yesdeathpenalty.com/deathpenalty_co
yesdeathpenalty.googlepages.com/home2 (Sweden)
www(dot)wesleylowe.com/cp.html
Permission for distribution of this document, in whole or in part, is approved with proper attribution.
Posted by: Dudley Sharp at June 22, 2008 02:52 PM
http://www.odmp.org/officer/19433-correctional-officer-jose-rivera
Posted by: Thin Ice at June 24, 2008 08:40 AM