Friday, July 25, 2014
Thoughts Concerning the Death Penalty
After reading reports on the latest lethal injection screw up, I was wondering if maybe we should revise our thinking with regards to capital punishment. With the numerous legal appeals and the long delays, some convicted murderers are spending years on "Death Row", which has become more like an old folks home. Should we pass laws limiting the review process? How about the lethal injection mess? What was wrong with the electric chair? Several pundits have advocated returning to firing squads, the once-and-done approach. Others think the problem would be solved by eliminating the death penalty altogether. I have read lately that the anti death penalty crowd are the ones responsible for the mess in the first place, intentionally. Just wondering what some of you think.
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Interesting topic and one which constantly brings America into the news in Australian homes. often for the wrong reasons.
ReplyDeleteAs background, the last execution in Australia was one Ronald Ryan, a small time crook who was hanged in Feb 1967 for the murder of a prison warder. Even then, the anti capital punishment movement was strong and there were widespread protests up to and even after the event. As one would expect, the evidence was attacked by the protesters and many and varied have been the reasons offered which supposedly support a case for the innocence of Ryan.
In the Australian case I think we can see the microcosm of the situation in America and the progress or deterioration of the pro and anti lobbies is illustrated by the extreme positions taken by both sides in your country in the half century since Ryan was hanged here in Melbourne’s infamous Pentridge Prison.
You have States rights to contend with and of course some states have outlawed capital punishment while others have retained the affirmative on their statute books without actually enforcing the law. Yet others have maintained the states right to execute any person found guilty under the relevant act. Texas being one such state.
So where the problem and what is the solutions? Firstly the problem appears to an outsider to be one of discrimination in that a crime punishable by execution in one state is treated differently in another. A prisoner sentenced to death appears to have a legal process available to him/her which can and does extend the stay on death row to decades. This in and of itself in an intolerable situation and certainly is an infringement of the convicted felons human rights. It is also an infringement of the human rights of the family of the victim who can reasonably expect justice to be served within a reasonable time. The foregoing situation is sometimes exacerbated by anti execution groups taking legal action on behalf of the prisoner even though he has not specifically requested such action. (Timothy McVeigh) was such a case.
The case for execution is simply put. A felon found guilty of taking a life forfeits his own after a jury has considered the evidence and finds guilt proven beyond all reasonable doubt.
The case for no death penalty is more complex but can be argued on a very simple premise. That the guilt may be wrongly ascribed to the accused and that after the supreme penalty has extinguished his life, there is nothing that will remedy the situation if subsequent events prove beyond doubt that he is innocent.
My argument to this point has presented problems; the abolition of the death penalty on a national basis is fraught with danger (States Rights) and in any event, would send the wrong message. I propose that the extreme penalty be reserved for murders of the most horrendous nature and that evidence must be overwhelming of guilt. Circumstantial evidence must be discounted in decisions to apply the death penalty.
The method of execution has recently become newsworthy, particularly in overseas country where news outlets appear to take pride in showing America to be a country out of control, lifestyle and wealth beyond anything foreigners can understand and hedonism making a comparison with Sodom and Gomorrah a viable argument.
My question for readers here is what is wrong with hanging? It is certainly instant and there are ample records available upon which to develop a procedure. If this is too radical the lawmakers can surely modify the statutes which currently prevent the manufacture of the triple drug cocktail used until recent times. The practices which have brought your laws, your prisons and your state governments into disrepute are unsustainable and must be changed.
Cheers from Aussie
Thank you Kingston, a very interesting and thought provoking response.
ReplyDeleteIs it unusual that a country made up of criminal immigrants would be opposed to the death penalty?
ReplyDeleteWilliam
ReplyDeleteYour question is based on a false premise and if you spend as much time studying the history of my country as I do in studying yours, you will realise your error.
The first fleet arriving in 1788 consisted of 11 ships and carried about 850 convicts together with their marine guard, officers and the first Governor of the new colony. As an aside, this shipment and new colonisation was made necessary by the American war of independence. Prior to this time, England had sent their social misfits to America!. The crimes the convicts had committed were in the main, minor pilfering, embezzlement, and offering violence to authority and in one case bearing false witness at a court of petty sessions. More serious crimes were punished by hanging; therefore transportation as a convict was not an option.
Hardly criminals William and the population was soon increased by “free settlers” who started arriving in 1793. Many convicts were indentured to the free settlers who were responsible for their maintenance until they completed their term, were granted a pardon or became ticket of leave people. Many of the convicts intermarried and many of the free settlers, being unaccompanied males, either took convict women as common law wives or went through a proper marriage service.
Many of the convicts went on to become leading citizens in the new colony and one notable example is Frances Greenway, an architect about as well known here as Frank Lloyd Wright is in your country.
We in Australia are quite proud of our convict history; perhaps it is this which has given us a society which is essentially classless in nature. In the early days tyranny was rife and conditions for the convicts and the free settlers without patronage or influence were indeed harsh. The penal provisions were particularly harsh and gradually thee appears to have been a softening of attitudes. The same changes have taken place in Britain and almost within the same time frame.
I believe there is a movement here which would never countenance capital punishment again. There is also a larger movement who would be happy to see the death penalty revived for all convictions of capital crimes. Although I have no figures I suspect that there is an even bigger number who would agree with my point concerning absolute proof in cases of the most extreme type.
In conclusion I would ask readers to bear with me for a moment or so as I try to explain my strong interest in your history. I like to compare and contrast our countries. You were settled long before we were so you have over 150 years as a head start with Jamestown settled in 1607 and Sydney Aust 1778. Historians looking at both can follow the paths of development and we, with the benefit of the extra years can see what has been done so well and what has been done poorly in your country. It is or should be the responsibility of the present generation not to make the same mistakes you did and to try to learn from your successes and implement those factors into our nation.
William my friend, you have made an utter balls up with capital punishment and your States rights are partly to blame. I can see much in favour of reverting to the hat on sideways as worn by John Adams and company but to ignore all that has been done in over 220 years simply in supplication to a constitution long past it due date for revision is doing your movement and the country more harm that good. Change is the province of thoroughbreds; resistance to change is the first and last resort of the mule.
Cheers from Aussie
"Change is the province of thoroughbreds;"
DeleteThoroughbreds are the most delicate of animals. A pure balance between genetic manipulation, envy of the elite, and neglect of consideration of the consequences. Yes thoroughbreds may be your fancy dancers but most times they are just the same as the washed up old sway backs they paddock with. And many times exhibit the hubris of their originators.
As for the capital punishment question I ask how you can place one class of murderous activity above another? Is my family any less important than the Clinton's or Obama's or a federal employee's? I think not.
And as for the differing forms of eradicating the murderers among us I am quite comfortable with the varied experimentation in elimination of the murderers by our several States.
I was not in any way being negative whilst pointing out your (and our) early immigrant convict population. Having recently read a WSJ article about newly elected quite zany characters that will soon populate your Upper house I feel a bit envious. Could we trade a few of our well trained entitled class seals for a few of your real life nut cases?