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Robert Scheer

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Murder Is Good Politics, Bad Justice

Posted: 09/22/11 06:57 AM ET

I don't know if Troy Davis was innocent, but I do know that the evidence for demanding a re-examination of his conviction, including the recanted testimony of most of the witnesses against him, was overwhelming. But of course that is now beside the point, which is exactly what is so wrong about the use of the death penalty. No matter what evidence of innocence might be produced in the future, it is of consequence no longer.

That is a compelling argument against the death penalty -- no room for correction -- but there are others. The most egregious argument for capital punishment is the claim that the finality of officially condoned killing is a necessary guarantor of civilized order. Egregious because it is not possible to make that case without explaining why most of the democratic societies that we admire shun the death penalty as contrary to their most deeply held values.

Or is it China, Iran, North Korea and Yemen, which, along with the United States, led the world in government executions, that we most admire? There is something stunningly disgraceful about the company we keep on this issue.

As Amnesty International -- the world's premier human rights organization, which deserves high marks for its anti-death penalty campaign -- points out, more than two-thirds of the world's nations have abolished the death penalty in law or practice. I defy anyone to compare the list of countries that have retained the death penalty with those that have abolished it and then conclude that it serves a needed purpose.

It is obvious from the experience of those nations without the death penalty and our own 17 states that have banned capital punishment that this barbaric custom is not a necessary, let alone efficient, means for ensuring public safety. Due process in the United States, which claims to have an enlightened legal system, requires death penalty procedures that are costlier than appropriate incarceration.

Governments that cling to this primitive ritual of state-sanctioned murder do so not to induce respect for law but rather to indulge a lust for vengeance. Toward that end it would be far more honest to have the bound prisoner stoned to death by the governors, state legislators, prosecutors and judges who support the death penalty rather than employing lethal injections by disengaged technicians. Forcing them to be the executioners in actual practice rather than as a matter of legal theory would compel a far greater sense of personal responsibility than politicians and some others tend to exhibit on the matter.

From my own experience as a journalist covering this issue, the vast majority of politicians who defend capital punishment do so out of rank opportunism, which they demonstrate, particularly when the conversation is off the record, by citing polling numbers rather than evidence of the death penalty as a capital crime deterrent.

As I waited for the news of Troy Davis' fate, my thoughts kept returning to that day in 1960 when we Berkeley students picketed the California governor's office in pleading for a stay in the execution of convicted rapist Caryl Chessman, who was never accused of murder. It didn't come because Gov. Pat Brown, despite his deep reservations about the case, had succumbed to public opinion. I never imagined then that more than half a century later the death penalty would still be enforced. That it is mocks our claim to be a moral leader in this world.

It is appropriate that we grieve for the slain police officer, Mark MacPhail, but if Davis was not the one with the gun, as he claimed to the end, the true murderer will have gone unpunished, as suggested by Davis' haunting plea to the MacPhail family minutes before he died: "I did not personally kill your son, father, brother. All I can ask is that you look deeper into this case so you really can finally see the truth."

Execution is a means of summarily ending the pursuit of justice rather than advancing it.

This case was so freighted with contradictions that a stay of execution was clearly in order. As Amnesty International spokesperson Laura Moye stated: "Today Georgia didn't just kill Troy Davis, they killed the faith and confidence that many Georgians, Americans, and Troy Davis supporters worldwide used to have in our criminal justice system."

 
 
 
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07:34 AM on 09/23/2011
he had 22 years to make corrections.
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HUFFPOST COMMUNITY MODERATOR
alsm9
Bombshell
10:20 AM on 09/25/2011
Nonsense. "Make corrections?" The American judicial system doesn't "make corrections" they think they are always right. Once someone is convicted of a crime, it's very difficult to change that even with a mountain of evidence.
09:56 PM on 09/22/2011
Based of the minor dealings I've had with the American justice system, I have say it's rife with corruption, indifference, cynicism, incompetence, cruelty, and farce.
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aacme
My micro-bio is on a strict need-to-know basis.
09:07 PM on 09/22/2011
Coverup, pure and simple. Several of the 5 (five!) witness who recanted said they were under duress from the police to name Davis. No physical evidence. He was selected as the designated killer, and look at our clearance rate for murders. 100%. Maybe he did it, but would be pure coincidence.
But speaking of murder, any nation who could lie itself into attacking Iraq is capable of anything.
The world watches us with trepidation, always one eye open.
08:15 PM on 09/22/2011
Law enforcement officers and prosecutors use the death penalty to persuade criminals to cooperate in their investigations. This is not a good enough reason to keep putting people to death, IMO. The former governor of Illinois cleared out death row because Illinois had put so many innocent people there.

Personally, I think prisoners should be made to perform manual labor. They should work 8 hours a day. In their spare time they can read or pursue educational goals. What they shouldn't do is hang out like they're at home, watching tv, visiting their friends and getting in fights with their enemies.
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HUFFPOST SUPER USER
norby413
Don't Mess with the Pengiwolf...
07:37 PM on 09/22/2011
It's as simple as this.
To be a supporter of the death penalty without conscience, then you must believe the US Justice system, a GOVERNMENT bureaucracy, is perfect and infallible.
If you don't believe in the perfection of justice, but still cheer executions, then you have a huge gap in your moral credibility.
07:37 AM on 09/23/2011
LOL...you obviously are clueless about hypothesis testing.

Anyone with a grain of intelligence knows that, on occasion, innocent people are convicted and guilty people are freed.

Apparently you just made that discovery.
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HUFFPOST SUPER USER
norby413
Don't Mess with the Pengiwolf...
02:24 PM on 09/23/2011
You interpreted my point wrong. I KNOW that mistakes are made, thus the death penalty should not be an option as there's no going back once someone is executed.
The death penalty is NOT a detterent, it is NOT applied equally, it is NOT fixable if a mistake is made, it's merely vengence, a very negative emotional response.
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HUFFPOST SUPER USER
califson
He who throws dirt loses ground
05:44 PM on 09/22/2011
I know not of this mans guilt. I do oppose the death penalty, keeping someone on death row for 20 year is likewise wrong. I also oppose abortion unless it is necessary to save the life of the mother which is extreemly rare. I do jail ministry and I dare say of the some 2 million men and women in our prisons and jails and all the other thousands on probation few of them admit to being guilty. A witness who recants 10-20 years after the crime is meaningless. Surely if there was just cause, a lawyer of any salt could have gotten this man a retrial, after he was lawfully convicted by a jury of his peers.. Now back to abortion, so many take the so called high road in the post here, and claim to be pro life for killers and rapist, but not for our unborn children. I say we protect all life as God gives it.
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HUFFPOST SUPER USER
nltldoc
05:03 PM on 09/22/2011
American "justice" Industry...aka...Authoritarian Murder Inc....aka...The Professional Criminal Class

The greatest hazard to the American People is the corrupt and dysfunctional American "justice" Industry.
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RED66
We must return to a Constitutional government.
04:10 PM on 09/22/2011
Funny, but nobody brings up the other execution last night of Lawrence Russell Brewer in Texas.

Remember him?

He's the guy who dragged James Byrd to his death behind his truck.

Could skin color have a bit to do with it?
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maghrebi
06:02 PM on 09/22/2011
was he innocent? Obviously not since you mention that he "dragged James Byrd to death behind his truck. The point of the article is two-fold. 1. we should not have the death penalty for the reasons Scheer cites. 2. That the killing of Troy Davis should not have gone forth as threre were doubts about his conviction and he should have received a stay of execution till all the issues had been cleared. Why the rush to kill? What matter of great consequence would it have been to stay his execution? Barbarous.
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HUFFPOST SUPER USER
norby413
Don't Mess with the Pengiwolf...
07:27 PM on 09/22/2011
Yes, your observation is all over "Fox".
Question. ANY doubt whatsoever that Brewer was guilty?
Did a former FBI cheif under 3 presidents call for a stay of execution and reexamination of the evidence against Brewer?
Did any witnesses in Brewers case change their testimony?
Did any jurors in Brewers case state they would vote differently today?
Can your Tea addled brain process these clear differences?
foresure
Brash and Harsh
04:10 PM on 09/22/2011
You can understand why the Georgia Board had to deny any clemency. There was the daughter of the victim, a pretty white woman crying her heart out. Enough said.
04:02 PM on 09/22/2011
Good text but you forget one point againt death penalty : the same persons who can't bear to give the government the right to regulate the economy or to rise taxes have no problem with allowing the government to kill american citizens (they can talk about big or small government after that).
How to explain this double standard? Oh yes, of course, one is bad for rich people, the other for poor people... How many persons executed came from rich families?
02:53 PM on 09/22/2011
"this barbaric custom is not a necessary, let alone efficient, means for ensuring public safety."

I would say it's highly efficient. Troy Davis will absolutely, positively, not be able to kill our citizens again. How can it get more efficient than that?
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HUFFPOST SUPER USER
Binea
Only a fool denies she is a fool, I am no fool
03:09 PM on 09/22/2011
uh..he was probably innocent ?
03:15 PM on 09/22/2011
It is no more efficient at preventing future killings than a life sentence, and the latter has the added benefit of being cheaper to administer and offers a wrongly convicted person the ability to reverse the injustice. But life sentence don't satisfy your taste for blood, do they?
03:31 PM on 09/22/2011
No; they don't. Especially if that cop Troy Davis killed was my father, brother, or son.

Or if that guy Troy Davis was convicted of shooting in the face was my father, brother, or son.

Or if that guy Troy Davis was convicted of pistol whipping was my father, brother, or son.
02:38 PM on 09/22/2011
I have a question to ask. If you are opposed to the death penalty, taking the life of another person intentiona­lly...how does one reconcile that stance with supporting abortion? Both are taking of life, so how is it that taking a life in one instance is an ok "choice" but the other is not?” You are either for the sanctity of life for all or you are not.
03:12 PM on 09/22/2011
It's simple: most proponents of the right to choose (which not the same thing as being "pro-abortion" despite what you believe), as well as essentially every civilization ever known to man draw a distinction between a fetus that is within 24 weeks of conception and totally incapable of living outside the womb and a fully formed independent person. It's why you don't get to take a deduction for a dependant when you are pregnant, but can do so after you give birth.

Your religious views may cause you to believe that human life begins at conception and that this microscopic combination of cells is the moral equivalent of a walking and talking human, and I would not challenge your right to believe this. However, believing it does not make it so.
03:56 PM on 09/22/2011
The flipside of that can be applied against you. Just because you believe life is not life at conception, does not make it so. But if say life does not begin at conception, then it must be a dead/lifeless something in a mother womb? Are cells living organisms? If they are, you now have to say the cell/life/baby is alive. To stop that from continuing to be alive would be the taking of life.

Since you like to also make the claim of "essentiall­y every civilizati­on ever known to man draw a distinctio­n between a fetus that is within 24 weeks of conception and totally incapable of living outside the womb and a fully formed independen­t person" please cite the factual evidence you have for this claim. And you tax claiming ability to give support for abortion, is a first. That was a stretch. But if you wish to use that, I can now claim by dog as a dependant according to your reasoning.
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CTDFalconer
Think twice, post once.
04:02 PM on 09/22/2011
Capital punishment is a justice issue. Right to have an abortion is about reproductive rights. They are unrelated. Killing prisoners does not give anyone justice or make anyone safer. Taking away a woman's right to have an abortion diminishes her right to control her own body and reproduction.
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DMDAY44
05:24 PM on 09/22/2011
They are not unrelated, just inconvenient for you.
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HUFFPOST SUPER USER
maximus5757
12:50 AM on 09/23/2011
Executing killers does prevent them from killing again.
02:30 PM on 09/22/2011
"I don't know if Troy Davis was innocent, but I do know that the evidence for demanding a re-examination of his conviction, including the recanted testimony of most of the witnesses against him, was overwhelming."

This article is flawed from the first paragraph. The state produced 34 eye witnesses who testified against Davis, seven later recanted. This is NOT "most of the witnesses against him". I didn't have to read any further.
02:55 PM on 09/22/2011
Eye witness testimony is the LEAST reliable testimony that is...further, most of the persons who were released from death row due to DNA evidence that proved their innocence, were convicted based primarily on eye witness testimony.
foresure
Brash and Harsh
04:29 PM on 09/22/2011
MoeB

Only one thing was important to the Georgia Board.

Young white woman crying=black dead man walking.
02:16 PM on 09/22/2011
Scheer neglects to point out the ultimate irony that supporters of the death penalty include millions of Americans who believe the Republican mantra that government can do nothing well.

Courts (both trial and appeal) are part of the government, and yet the finality of the death penalty requires that this arm of government not only be "good" but be perfect. Unless, that is, you are comfortable with the idea of government killing innocent citizens....

So, Republican supporters of the death penalty, which is it: government CAN be perfect, or it's ok to kill innocent people?
05:30 PM on 09/22/2011
States execute offenders. State gov'ts are far more efficient than Federal. Personally, I oppose the death penalty in any case where guilt is not beyond all doubt, not just reasonable doubt. It is a legitimate function for redress of heinous acts, if there is no doubt of guilt. Victims should be allowed their revenge. There was physical evidence in this case.
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MyAhaMoment
What do you want to do today Brain?
08:39 PM on 09/22/2011
The Bible has a great deal to say about revenge. Both the Hebrew and Greek words translated “vengeance,” “revenge,” and “avenge” have as their root meaning the idea of punishment. This is crucial in understanding why God reserves for Himself the right to avenge.

The key verse regarding this truth is found in the Old Testament and quoted twice in the New Testament. God said, “It is mine to avenge; I will repay. In due time their foot will slip; their day of disaster is near and their doom rushes upon them” (Deuteronomy 32:35; Romans 12:19; Hebrews 10:30).
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06:43 PM on 09/22/2011
Great point... I've brought up the same issue with supposed "small-government conservatives" that are also death penalty fans... they never seem to want to address the incongruity.
01:26 PM on 09/22/2011
It needs merely a one word explanation: GEORGIA
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06:41 PM on 09/22/2011
A one word explanation of complex matters is for the simple-minded incapable of complex thinking, or to reduce that down to one word: WilliamB
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aacme
My micro-bio is on a strict need-to-know basis.
09:37 PM on 09/22/2011
In a word, horsepucky.