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The Death Penalty, Schwarzenegger and The Exonerated
On January 19th of this year Governor Arnold Schwarzenegger allowed the
first death sentence to be served in three years, and the first under
Governor Arnold Schwarzenegger. That is almost copied straight from a
news site (because honestly if I hadn’t, there’s no way I’d have been
able to spell Arnie’s name!)
Anyway, I recently caught an ad for a movie on Court TV called The
Exonerated. It’s based on true stories of several people who spent
years on death row for crimes they didn’t commit. The original version
was a play which inspired my interest in the subject of the death
penalty. I specifically remember one guy who spent something like 20
years on death row before finally being cleared.
Now before someone jumps all over me: I’m not saying that the guy who
was just executed in California was innocent. But does anyone think
it’s acceptable that even one innocent person could be executed? I
think it’s about time this country joins the rest of the civilized
world and adopts a more humane approach. For those of you still on the
fence on this issue, I’d check out this movie, because if it’s anything
like the play the personal stories will astound you. I think it airs on
January 27 (but check courttv.com just in case I’m wrong). And if you
have thoughts on this issue, I’d like to hear them.
It should be obvious to any reasonable person that anything created by mankind is not going to be perfect, and the criminal justice system certainly falls into this category. As we progress in science and technology we can make it more and more perfect so that less innocent people will receive punishment in the system. Sure, it is wrong that even one innocent person receive a legal sanction of any type, but just like the rare kid who dies from the vaccinations required for school attendance, the good outweighs the bad.
But you need to keep in mind the fact that the persons hurt most by the imperfections of our legal system are those victims whose perpetrators never receive legal sanction at all. Many, many many more people get away with crimes than are unjustly punished. If you had sat through as many trials as I have (I have been in law enforcement all my adult life and am currently a court bailiff), you would realize that the main thrust in a criminal trial is not to seek a conviction or even "justice" for the victims, but rather to insure that the rights of the accused are protected. Don't believe me? Spend some days listening to crimial trials in whatever court you want and you will start to get the picture.
We have the death penalty because most people believe in the concept that the legal sanction, or as some say, the punishment, should fit the crime. People like Ted Bundy, who may have killed as many as 40 people, should not get a $5 fine. You say we should adopt a more humane approach, but the types of crimes we are discussing are not humane by their very nature. The fact should be obvious to anyone not living on the Moon: People are sometimes willing to do incredibly horrible things to other people and the legal system should impose a legal sanction that weighs as heavily on them as their actions did on others.
It should be obvious to any reasonable person that anything created by humans is not going to be perfect, and the criminal justice system certainly falls into this category. As we progress in science and technology we can make it more and more perfect so that less innocent people will receive punishment in the system. Sure, it is wrong that even one innocent person receive a legal sanction of any type, but just like the rare kid who dies from the vaccinations required for school attendance, the good outweighs the bad.
But you need to keep in mind that the persons hurt most by the imperfections of our legal system are those victims whose perpetrators never receive legal sanction at all. Many, many many more people get away with crimes than are unjustly punished. If you had sat through as many trials as I have (I have been in law enforcement all my life and am currently a court bailiff), you would realize that the main thrust in a criminal trial is not to seek a conviction or even "justice" for the victims, but rather to insure that the rights of the accused are protected. Don't believe me? Spend some days listening to crimial trials in whatever court you want and you will start to get the picture.
We have the death penalty because most people believe in the concept that the legal sanction, or as some say, the punishment, should fit the crime. People like Ted Bundy, who may have killed as many as 40 people, should not get a $5 fine. You say we should adopt a more humane approach, but the types of crimes we are discussing are not humane by their very nature. The fact should be obvious to anyone not living on the Moon: People are sometimes willing to do incredibly horrible things to other people and the legal system should impose a legal sanction that weighs as heavily on them as their actions did on others.
I posted this once before and it didn't appear so I hope it doesn't appear twice.
I think death penalty is a good thing...if it's used right. Just like fire. If you can handle it - it's fine, but if you misuse it - you'll burn.
I would sentence those who murder someone (with a clear mind, willingly, planned...) to a death penalty, without any thought. I agree that every crime should deserve an equal punishment...if you steal something from me, i'll cut your hand off. If you kill someone close to me, i'll kill you. I think world would be a much better place if such things happened, because people would think twice: "Is it worth the risk?". Then again, i know many people steal because they're poor, but if the rich were to help poor, it wouldn't happen. We again come to the problem that everybody could play poor and not do anything and expect aid...it's all so complex. But there's a clear line distinguishing "crime because one is in need" (poor man stealing) and "crime because one's mind is sick" (cold-blooded murderer), and i think the second group should deserve a punishment that's equally horrible to their crime.
I think that the death penalty is a bad idea because sometimes those that kill are not entirely aware of what they are doing. An example of this is a man who killed someone who was put to death, this man probably did not fully understand his actions as he had a mental age of 11.
When you were 11, did you know that it was wrong to kill someone? It is ridiculous to say that a person at that age doesn't understand the nature of their actions-sure the person is far from full mental maturity but even a child at that age will tell you that killing somebody is wrong-just ask them if it is OK for you to kill them and see what kind of response you get!!!!
An adult with the mental capacity of an 11 year old that was executed would have to meet the means re standards. Meaning he knew right from wrong yet committed the act anyway. The death penalty is necessary component of the criminal justice system. However, there are flaws. If sentences were carried out more swiftly and surely then it perhaps would actually be a deterrent.
I am not sure how many are familiar with Project Innocence. It is a project in which law school students and criminal justice masters students retrace the evidence and reinterview witnesses to help exonerate persons who feel they are wrongly accused of a crime. You have to be serving 15 years to life for murder, sex crimes, or other lengthy felonies to be applicable. I worked with this program in grad school. You would be amazed at the number of person who are feel they are wrongfully imprisoned. Of all the case worked over the last few years in KY one person was exonerated. He didn't rape the girl he was convicted of raping. He however did rape several other women, but there isn't enough evidence to go foward. Just boasting after he was released.
I for one am glad he reinstated the death penatly in California. If it were sooner perhaps we wouldn't have to watch the Charles Manson Circus everytime he comes up for parole.
We prove ourselves worthy to judge the actions of others when we show mercy to the most reprehensible among us. The death penalty may serve us on an emotional level, but places us in history with other primitive cultures. The money spent on death penalty prosecutions (woefully expensive) would be better spent on measures to lower crime on the streets. The argument that the death penalty ensures the person will never commit another offense is ignorant in light of the technology we now possess to harbour and track the most serious criminals. There was a time when we stopped burning witches at the stake as well - we became more enlightened and reacted to our newfound knowledge.
These gang bangers will give you the death penalty for simply wandering off the wrong freeway offramp in LA. If you think that a person that thinks like that deserves to live then I am begging YOU to please go drive around LA for a while. At least untill you find the wrong offramp.
People, we have to kill these evil bastards or they will take over. Violence is all they know and yes...they have visions of taking over your street.
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