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If You Take Away The Death Penalty, There's Justice All Around

Posted: 09/26/11 11:40 AM ET

In the immediate wake of the execution of Troy Davis in Georgia last week, I got into a rather unpleasant spitting contest with certain pro-death penalty advocates and fringe conservative media performers (some of whom I had never heard of right up to the moment they spit on me). I wanted to take the opportunity to address some of what came out of the emotional tirade triggered by Davis' death.

First, the notion that those who argue against the death penalty are attempting to "shield a cop killer" or are, to any degree, indifferent to the suffering of families like the McPhails is unfair, outrageous and among the clearest signs of the dangers presented (Alan Berg) by certain ultra conservative pundits in this country who can only function by living in a world devoid of fact.

I know of no one, not one normal individual that you will meet, who does not want the murderer of a police officer to be captured, tried and, if convicted, punished to the fullest extent of the law. However, a punishment that does not extend to killing the convicted. And, as has been stated by anti-death penalty advocates ad infinitum, this has little to do with opposition to any "eye for an eye" sentiments. It has to do specifically with the misapplication of the death penalty in terms of race, in terms of the potency of court-appointed counsel and in terms of the admission of DNA evidence in cases where tragically slipshod work by police and prosecutors is undone by modern technology. The embarrassing discovery of which then carries very damaging consequences for those at fault. If you don't believe that there is a good deal of petty politics involved in the life and death arena of capital punishment, think again.

I am not Mike Farrell, a great and tireless advocate against the death penalty whose work with Death Penalty Focus out in California has made him a personal hero of mine. The advocacy work I have undertaken over the past several years has not included an overwhelming amount of commitment to opposing capital punishment. In the past, I joined a number of artists and performers who supported a new trial for Mumia Abu Jamal. That position came with an equivalent amount of condemnation and vitriol similar to the Davis Case. Again, involving a police officer. Not one person I worked with back then said Mumia was innocent. They said hey weren't sure. And, therefore, believed he did not deserve to die.

All human beings are capable of the darkest and most hate-fueled emotions. And sometimes, it feels good. It feels right. Here in New York, to follow the home invasion/murder trial of the Petit family in Cheshire, Connecticut, is to make one pine for a day when the death penalty could be rightfully applied. To hear the testimony, to learn of what happened to this mother and her two young children, is to die a little inside. To read of the smug demeanor of Joshua Komisarjevsky, the defendant currently on trial, and of his Manson manque posturing and utter humanistic bankruptcy is to make one want to throw the switch on this guy personally. And with the deepest sense of satisfaction and clearest of consciences.

But for every Joshua Komisarjevsky, there were a number of men who sat on death row, poised to die by the hands of the state (that's you and me) who were freed by groups like the Innocence Project. According to the Innocence Project website, DNA testing exonerated defendants in nearly equal proportion to the confirmation of prosecution results: 43% vs 42%. As the result, innocent men are assumed to have avoided the ultimate penalty.

Supporters of the death penalty often seem to me like the opposite side of a coin. Where they contend that death penalty opponents are soft on crime and coddle the murderers of police officers, their opposites see them as those supporting a system that they largely have faith in, yet if a few innocent convicts get put to death?... well... nothing's perfect. I'll make a deal with you. You don't imply that I'm indifferent to the murder of a police officer and I won't imply that you're willing to kill innocent men by way of a racially tainted legal system.

Besides, it's justice we're after. So, if you take away the death penalty, there's justice all around. Because life in prison without parole is the worst possible sentence. Have you ever visited a prison? Ever been escorted around and spoken to inmates about what goes on there? How they feel? I have.

The death penalty costs us a lot of money. (Everyone involved with the issue knows the statistics and dollar figures.) The death penalty costs us more money that it costs to house an inmate for life. We don't want to kill innocent people. And we don't need to kill the guilty ones either.

Prison itself is the death penalty. In the slowest of slow motion.

 
 
 
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02:25 PM on 10/18/2011
i would like to give 10 points to paige mcghan

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06:27 PM on 10/16/2011
Justice all around? Why let a criminal walking around fearing no one! People should be walking without fear a rapist, killer stalking them! Instead of removing death penalty suggest a more stringent policies and guidelines to minimize mistakes. Review past sentences where mistakes were made and learn from them.
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DDL13
12:49 AM on 10/12/2011
"The death penalty costs us alot of money", yeah well I hate to burst baldwins bubble but housing a criminal for his entire life is not FREE. whats that man thinking? You will always have supporters of capitol punishment and non supporters, if he really is so concerned with the penal system and its prisoners then maybe he should give up his Hollywood gig and get a job as a corrections officer assigned to death row, he might change his mind after a few months of dealing with that crowd.
11:41 AM on 10/08/2011
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10:39 AM on 10/05/2011
When guilt is not in question, are there some crimes deserving of more than a stay at the worst hotel anyone has ever been to? Even after having hordes of innocent people lined up and shot (men, women, children, old folks), is a person still entitled to an existence of any kind? My spouse suggests that there ARE some criminals who DO deserve to stay alive, particularly sexual predators--but just so they can be slowly tortured for a while (only as much as their crime warranted, of course). Do those like the Petits deserve worse than a sudden trip to oblivion--or room and board for life? Just to raise the question: When guilt is certain, as in cases like Nichols and McVeigh (in Oklahoma), or the UniBomber, or the Ayatollah, or Idi Amin, or Bin Laden and the twin tower conspirators, Jeffrey Dahmer or Ted Bundy, is it adequate punishment to let someone who has committed inhumane atrocities spend their natural lives in jail, like any other common criminal? Should they still get to live their lives out, even though it‘s a less-than-pleasant existence for them?
09:24 AM on 10/03/2011
Regardless of cost and morals, the fact is, the individuals commiting capital crimes are not detered by the punishment. Most of us commenting don't represent those facing the punishment. Capital crimes are committed either in an emotional state at which point the criminal isn't considering the consequences, or the crime is premeditated and the criminal made the decision to take the risk anyway.

Secondly, few of us commenting have faced what a complete loss of freedom means. You can not discount the psychological affects of having control of your life taken from you. Meals, cable, cot, and "rec time" is not what we imagine it to be. Life imprisonment is far worse than being executed.
04:24 PM on 10/04/2011
When it comes to mass-murderers and those who's guilt of inhumane crimes is without question, I totally agree that, "Life imprisonment is far worse than being executed." What's more, I think that, in these cases, life imprisonment--with a daily regimen of pain and suffering--might be better still.
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rsttho557949
What is Job's Crucible?
07:14 PM on 10/04/2011
Your post was van example of what I was speaking off...is sadism really another term for "humane justice". The Death Penalty an unemotional penalty for the murder of another person; life in prison is closely linked to long term and constant punishment for the guilty. The Death Penalty is not about constant suffering and torture- life in prison is about revenge and wishing that everything possible happens to the guilty...even death ( see Jeffery Dahmer). No, I ask, which one is linked with more inhumane treatment, cruelty and barbarism. The honest person realizes that life in prison is the choice - not of the merciful- but the sadistic.
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maybesomeday
War is not about who is right its about who's left
09:20 AM on 10/03/2011
I wonder if those who are opposed to the death penalty would have wanted Osama Bin Laden captured alive and brought to Justice in the American Court System or does the Navy Seal who shot him dead deserve a medal?
I personally think that life in prison is the worst form of punishment. The easier, softer way is putting that needle in the arm and allowing that person to die a peaceful death, unlike the victims who are tortured to death in the most violent manner possible.
It just goes both ways for me. In some cases making sure that person is never set free is when the death penalty should be used, let's say on someone like Philip Garrido who was released from a 50 year sentence 40 years too soon.
charlesrfd2003
Proud American who believes in the Bill of Rights
11:28 PM on 10/02/2011
Have any of you commenters considered the cost of executing a prisoner. The trials are a lawyers full employment program. Court reporters get gobs of money to for transcripts for appeals. While incarcerated awaiting execution and appeals, the doomed man lives in special quarters.

In order to get the jury to find for death, extra effort and care is taken so the costs at trial are more. More means more opportunity for reversible error. More appeals and more money.

If the death penalty is not involved, conviction is easier and quicker. A guilty plea can be extracted since the evidence says the prisoner killed the victim. To get death, the DA must demonize the killer. The killer then has point to argue.

Give them life and throw away the key.
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CanadaStan
Cogito ergo spud, I think, therefore I yam
11:25 PM on 10/02/2011
Just think of it as a 324th trimester abortion...
08:00 AM on 10/03/2011
haha, ten points for gryffindor!
11:04 PM on 10/02/2011
When 'they' perfected DNA, there were about a dozen men on 'death row' who had NOT committed the crime for which they were convicted. This convinced me that the death penalty isn't just a barbaric punishment - it is WRONG !
11:29 PM on 10/02/2011
The death penalty is not wrong. It should be used for the most heinous of crimes, but only when there is no question of the persons guilt. However, what happened in Georgia was morally wrong.
10:26 PM on 10/02/2011
I have mixed feelings about this issue. If one of my loved ones was murdered, I would probably want to kill the murderer with my very own hands. However, I believe that being shunned and put away for life is probably a worse punishment. If only a "life sentence" really meant that! Who can forget the case of poor Polly Klass, a beautiful 12 year old who was abducted at knife point from her own bedroom and brutally murdered by Richard Allen Davis. Mr. Davis, a repeat offender, who had only been out of prison 2 weeks when he took Polly's life. Almost everyday I read or see on the news another story of a child being molested and murdered by someone who has previous convictions!. How dare the legal system endanger our children by releasing these monsters into our midst? They almost ALWAYS reoffend. I believe that all those who are convicted of violent crimes should truly get a REAL life sentence. They should NEVER, EVER, be allowed to set foot in free society again.

And then there is abortion. Talk about killing an innocent human being!

Those who read my comment may think that I am a right-winger. WRONG! Actually, I tend to lean toward the left. However, I am sick of the polarization of every issue. When asked what party I belong to, my answer is "The Human Party". I use common sense when voting.. Something highly lacking in Washington........
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Stephen McAbee
Paul/Johnson 2012
10:17 PM on 10/02/2011
Life in prison without the hope of parole, is cruel and unusual punishment. Much worse than death in my opinion. I'd rather die. To hold someone captive without hope of freedom is much more sadistic than merely killing them, and serves no purpose other than to torment, degrade and quell your sense of vengeance.
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rsttho557949
What is Job's Crucible?
08:08 PM on 10/04/2011
You speak the truth! Life in prison is sadistic, inhumane and is rooted in vengeance. How many times have you heard a person- not even involved in the case say,"I hope he rots in jail!" And this would come from the mouth of the same person who accuses America of being, "barbaric" , "backwards" and "ashamed" of being an American. Puhleaze!
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Saje3d
09:49 PM on 10/02/2011
Why is it that conservatives trust government to decide who dies yet distrust them on just about every other issue? The death penalty is a get-out-of-jail card, plain and simple. If eternal justice awaits, it's not as though another few decades are going to matter. And, frankly, I'd probably rather be dead than in prison anyway.
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CanadaStan
Cogito ergo spud, I think, therefore I yam
11:24 PM on 10/02/2011
Why do liberals trust the government on everything but the death penalty?
12:03 AM on 10/03/2011
First of all, only obama has taken the law unto his own hands with extrajudicial executions. Conservatives do no t trust the government to decide anything, let alone justice. We believe in the rule of law. Eternal justice does await, and it is not for us to think we know God's will.
09:48 PM on 10/02/2011
Probably the biggest killer in the western world are the American penal codes, the grotesque sentencing structures, courts, and the semi-privatized monstrosity that is the largest penal colony in the world - China second with four times the population. I think Texas or California is third. European jurists have declared the American Drug war "the most heinous application of law since the holocaust". There are nations in the western world, even close neighbors, that harbor Americans rather than release them to American courts to be destroyed by this cruel and archaic system. I read these comments and, as usual, realize most citizens don't even know where they live. You know, "I'm free and live in a democracy", etc. Wake up.
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riverdaughte3
Mother, Minister, Life Coach, Relationship Counsel
09:37 PM on 10/02/2011
While I am no fan of Alec Baldwin, in this case I certainly agree with him and applaud the outspoken "tell it like it is" courage it took to present this particular post. We know on a daily basis that justice in this country is not evenly or fairly applied. We know there is an ethnic and racial bias. We also know that often police who make the arrest and "find" the evidence are more interested in closing the case than finding who the perpetrator actually was, and once prosecutors, judges, police and the rabid public at large start screaming for a perpetrator's death, no police will willingly say "I might have made a mistake". For these reasons and many others, I feel the United States should abandon a barbaric practice that puts us on a par with some of the countries we scream violate human rights.