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Why Death Penalty Opponents Can't Win
Townhall.com ^ | September 24, 2011 | Jonah Goldberg

Posted on 09/24/2011 7:15:03 AM PDT by Kaslin

On Wednesday, two men were lawfully executed. Both insisted they were innocent. If you've been watching the news or following Kim Kardashian's tweets, you've likely heard of one of these men, Troy Davis.

The other death penalty "victim," Lawrence Russell Brewer, was until this week the more significant convicted murderer. Brewer was one of the racist goons who infamously tied James Byrd to the back of their truck and dragged him to death in Texas.

The case became a touchstone in the 2000 presidential race because then-Texas Gov. George W. Bush had refused to sign a "hate crimes" law. The NAACP ran a reprehensible ad during the presidential election trying to insinuate that Bush somehow shared responsibility for the act.

Regardless, Brewer claimed that he was "innocent" because one of his buddies had cut Byrd's throat before they dragged his body around. Forensic evidence directly contradicted this.

Brewer's own statements didn't help either. Such as, "As far as any regrets, no, I have no regrets. ... I'd do it all over again, to tell you the truth."

Brewer, festooned with tattoos depicting KKK symbols and burning crosses, was "not a sympathetic person" in the words of Gloria Rubac of the Texas Death Penalty Abolition Movement.

Which is why we didn't hear much about him this week. Instead, we heard a great deal about Davis. Many people insist Davis was innocent or that there was "too much doubt" about his guilt to proceed with the execution. Many judges and public officials disagreed, including all nine members of the Supreme Court, who briefly stayed the execution Wednesday night, only to let it proceed hours later.

There are many sincere and decent people -- on both sides of the ideological spectrum -- who are opposed to the death penalty. I consider it an honorable position, even though I disagree with it. I am 100 percent in favor of lawfully executing people who deserve the death penalty and 100 percent opposed to killing people who do not deserve it.

When I say that, many death penalty opponents angrily respond that I'm missing the point. You can never be certain! Troy Davis proves that!

But he proves no such thing. At best, his case proves that you can't be certain about Davis. You most certainly can be certain about other murderers. If the horrible happens and we learn that Davis really was not guilty, that will be a heart-wrenching revelation. It will cast a negative light on the death penalty, on the Georgia criminal justice system and on America.

But you know what it won't do? It won't render Lawrence Russell Brewer one iota less guilty or less deserving of the death penalty. Opponents of capital punishment are extremely selective about the cases they make into public crusades. Strategically that's smart; you don't want to lead your argument with "unsympathetic persons." But logically it's problematic. There is no transitive property that renders one heinous murderer less deserving of punishment simply because some other person was exonerated of murder.

Timothy McVeigh killed 168 people including 19 children. He admitted it. How does doubt in Troy Davis' case make McVeigh less deserving of death?

We hear so much about the innocent people who've gotten off death row -- thank God -- because of new DNA techniques. We hear very little about the criminals who've had their guilt confirmed by the same techniques (or who've declined DNA testing because they know it will remove all doubt). Death penalty opponents are less eager to debate such cases because they want to delegitimize "the system."

And to be fair, I think this logic cuts against one of the death penalty's greatest rationalizations as well: deterrence. I do believe there's a deterrence effect from the death penalty. But I don't think that's anything more than an ancillary benefit of capital punishment. It's unjust to kill a person simply to send a message to other people who've yet to commit a crime. It is just to execute a person who deserves to be executed.

Opponents of the death penalty believe that no one deserves to be executed. Again, it's an honorable position, but a difficult one to defend politically in a country where the death penalty is popular. So they spend all of their energy cherry-picking cases, gumming-up the legal system and talking about "uncertainty."

That's fine. But until they can explain why we shouldn't have a death penalty when uncertainty isn't an issue -- i.e. why McVeigh and Brewer should live -- they'll never win the real argument.


TOPICS: Culture/Society; Editorial
KEYWORDS: deathpenalty
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To: Baynative
In the new world order there will be sophisticated ways of determining truth. Serums, drugs and electronic tech will determine guilt.

That, and getting caught with an old Republican voter-registration card.

61 posted on 09/24/2011 3:24:15 PM PDT by lentulusgracchus (Concealed carry is a pro-life position.)
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To: freedumb2003
It is a matter of justice. I can’t recall who said it, but an official in Texas summed it up beautifully: “In Texas, if you kill us, we will kill you back.”

Then there's the longtime Harris County district attorney Johnny Holmes, who once said of self-defense shootings, "I'd rather face a grand jury five times a day than go before the medical examiner once."

Texas has some great takes on "Lawn Order" ..... and the language Texans use has a simple rude majesty, like the Old Latin of the Roman Law of the Twelve Tables, and the Shakespearean English of the King James Version.

62 posted on 09/24/2011 3:50:36 PM PDT by lentulusgracchus (Concealed carry is a pro-life position.)
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To: TEXOKIE

Indeed. Thank you for sharing your insights, dear TEXOKIE!


63 posted on 09/24/2011 9:02:38 PM PDT by Alamo-Girl
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To: BufordP

It isn’t about numbers, it is about first hand knowledge of unfixable problems. I don’t see a solution to juries stacked with morons, prosecutors who are politicians first and shoddy police work that would restore my faith sufficiently to give the state that power.


64 posted on 09/25/2011 4:53:14 AM PDT by WalterSobchak2012
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To: Alamo-Girl

:-D


65 posted on 09/25/2011 6:51:43 AM PDT by TEXOKIE (Anarchy IS the strategy of the forces of darkness!)
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To: WalterSobchak2012

Well, it most certainly isn’t about your personal anecdotes.


66 posted on 09/25/2011 7:12:56 AM PDT by BufordP ("Drink me if you can't take a joke." -- Kool-aid)
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To: BufordP

I expressed only how I arrived at my personal beliefs, i’m not expecting to build a national movement on them. I am certainly no less entitled to an opinion than those who want to bring scripture into the debate.


67 posted on 09/25/2011 3:43:52 PM PDT by WalterSobchak2012
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To: WalterSobchak2012

Nobody’s stopping you from expressing your opinion. But why express your opinion if not in an attempt to persuade and convince. I expressed my mine - with facts - not personal feelings. The death penalty is exercised in less than half of one percent of total homicides in a year. That is not a rampant call for 1st degree punishment.

As for the lack of intelligence on the part of jurors, I see it lead to letting murderers get off scot-free more than lead to more harsher punishments.


68 posted on 09/25/2011 4:38:32 PM PDT by BufordP ("Drink me if you can't take a joke." -- Kool-aid)
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To: BufordP
I don't even understand your opinion. Is it that the death penalty is so rare that systemic problems don't really matter?

When a jury is stupid a trial is essentially reduced to a high school debate being judged by retarded children.

69 posted on 09/25/2011 4:59:32 PM PDT by WalterSobchak2012
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To: WalterSobchak2012

You injected your opinion of juries on a death penalty thread. I presented the numbers that capital punishment is rarely used regardless of your fears.

Seems you have a problem with the jury system in general. Too bad your “peers” aren’t as intelligent as you.


70 posted on 09/25/2011 5:38:44 PM PDT by BufordP ("Drink me if you can't take a joke." -- Kool-aid)
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To: Kaslin
I support the death penalty.

I think of people like Aimee Willard was murdered by Arthur Bomar in 1996.

Bomar was on parole for a murder he committed in 1978.

If he had gotten the death penalty in the 1978 case Aimee Willard would still be alive.

71 posted on 09/25/2011 5:46:43 PM PDT by Tribune7 (If you demand perfection you will wind up with leftist Democrats)
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To: kosciusko51

Amnestry International is worse than useless.


72 posted on 09/29/2011 7:05:48 AM PDT by Lilly Rose
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To: Cracker Jack

It’s common for murderers to not get the death penalty, get released from prison and murder again. The liberals don’t like to talk about it when I bring it up. They care more about the rights of criminals than innocent victims.


73 posted on 09/29/2011 7:48:35 AM PDT by Lilly Rose
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To: Tribune7

The death penalty should be used more. Not less. Less murderers on parole from life sentences could save thousands of innocent lives.


74 posted on 09/29/2011 7:49:12 AM PDT by Lilly Rose
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