I read a headline today that the 1000th person since 1977 was executed. Now, to be fair, I just read the headline and haven't paid much attention to that person's story, but I saw in another headline "milestone execution raises new questions." I presume these questions deal with capital punishment and whether it should be allowed. I don't know the significance of 1977, other than that's the year Star Wars came out and the year Dustin Diamond, of Saved by the Bell fame was born.
In my view, Capital Punishment is a necessary act. However, I also believe it should be necessarily rare, used only in the most extreme of cases, e.g. Ted Bundy, Timothy McVeigh, etc. I believe that it should be a product of the crimes that the individual committed, not a product of the sentiments of the jury. I don't see it as a deterrent to crime, per se, any more than going to jail. I don't trust those that argue that capital punishment should be used when jail isn't good enough, or that they can't be rehabilitated. I think that if it's a problem with the prison system not being able to rehabilitate the prisoners, then there's a fundamental flaw in the prison system, as rehabilitation is one of the goals of prison. Because of that goal, I can't equate a lack of rehabilitation as a justification for capital punishment. That seems akin to slaughtering the chicken because they keep running out of the chicken coop through the hole in the fence that you never fix.
That being said, I will reiterate that I think there are some acts that are just too heinous, too horrific, for society to accept any punishment short of capital punishment. I think the leash on this form of punishment must be kept extremely short, used only in the most extreme of circumstances.
As an addendum, I agree with the recent Court decision that prohibited performing capital punishment on convicts who committed their crimes as minors. I do think there is a fundamental, cognitive failing on the part of minors to truly understand the consequences of their actions beyond the short term. That is not to say I don't think minors deserve punishment, and I'm all for life sentences for those in such a situation, but I stop short of capital punishment in keeping consistent with my belief that it must be used exceedingly sparingly. There must be an 8th Amendment Balance there somewhere; perhaps someday I'll recognize and be able to say where it is.
5 comments:
That's exactly where I am -- and where most people, even the most liberal, will go when pushed. As I noted at my blog, I was in a conversation with a good friend who started by stating (in regard to Tookie Williams) that she's totally opposed to capital punishment. However, after we at the dinner party had all agreed with her that the system has a fatally random quality, and that it's racist or classist in effect, we fired a few names at her: Richard Allen Davis, Bundy, Dahlmer, Manson. Even she conceded that, yes, these guys didn't deserve to live anymore; that they'd essentially broken a social compact with humanity, putting them beyond the pale of receiving humane conduct.
I admit that this post was inspired by your post, Bookworm. I was unsure exactly how to spell out my feelings on the subject, and so I didn't post on your blog about it, but I'm glad to see your comment here!
Ok, I'm making a correlation between prison as a social discipline, and what we do at school for our discipline plan. First of all, society exists for the protection of all of us, and we have rules that help protect us. We teach our students that, if we wish to be part of the society, we need to live within the laws that govern it.
So, our old discipline policy was that a kid who messed up and earned a conduct report missed five days of recesses, sitting indoors with his head down instead of being out with his friends.
Recently, within the last two weeks, we have decided that does nothing to remediate the problem or "rehabilitate the prisoner," if you will. Our new plan involves several steps: 1.) With the counselor, the student writes out a report of what happened, what the student did that got him/her in trouble, and a plan for a better way to handle that problem. 2.) The student owes something to the school society for interfering with people who do follow the rules, so we have instituted "community service." Raking leaves, picking up trash on the playground, washing lunch tables - something that serves the school community. 3.) These students also lose some freedom, and spend 3 days walking the track at recess, under supervision. 4.) The student attends a class in impulse control and anger management, conducted by the counselor. 5.) The student makes amends in some way, perhaps a letter of apology to the person offended, also written and presented with the counselor.
We are hoping that we can instill these children (ages 5-12) with the sense that they are part of something bigger than themselves, that their infractions really do affect others, and that there is some kind of price to pay.
I'd be interested in others' thoughts about this plan. If I ever get my blog running, you're welcome to comment there (Raise Your Hand If...). I'll keep you posted with how this seems to work. Our old system did not deter the same students from repeating the same behaviors and being regular visitors to the conduct room. Hoping this one will make a difference.
I'm there, as well. But many people would disagree that the purpose of prison is rehabilitation, not punishment. Karla Faye Tucker had clearly been rehabilitated, as then-Gov. George Bush acknowledged, but he still chose not to commute her sentence, and she was executed.
Definately against capital punishment here. We outlawed it in 1973, had 2 referendums since, both came in against it. Basically, i believe there is no excuse for taking anothers life, to do makes you just as bad as they are. I agree, it is class based....well here it is looking back on passed victims of the gallows. A number were also argued to be the "wrong man"..........later to be proven.
I still think it to be a draconian measure. Who are we to decide whether someone is "beyond humane conduct"?
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