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Court's ruling puts justice back on track
The U.S. Supreme Court took a long, hard look at death penalty procedures in this country, finally concluding this week that lethal injection is not unconstitutional after all. Not that it ever was, but the anti-death penalty people are relentless at finding new and duplicitous ways of stopping justice in its tracks.
They were foiled again in a 7-2 decision by the Court, which upheld Kentucky's lethal injection process, a method nearly identical to the one used here in California. The court, apparently weary of the endless and nonsensical legal challenges against execution methods, also adopted stricter standards for challenging them. In California, executions have been on hold for two years because of such challenges. Now that the land's highest court has spoken, Gov. Arnold Schwarzenegger has promised to defend “the will of the people,” at least when it comes to the death penalty, allowing state executions to take up where they left off. How appropriate it is that the Court's decision was released in the middle of National Crime Victims' Week, during which thousands of victims' rights supporters voiced their anger over the “unjust and unconscionable” delay in carrying out death sentences. Riverside County District Attorney Rod Pacheco told several thousand people at a victims' rights rally in Riverside Thursday, it was time to reform California's “dysfunctional” death penalty system. “Our loss is perverted for the benefit of serial killers, gang members and rapists,” Pacheco said. Perverted is right, and it's not just California's system that needs an overhaul. In the Supreme Court case, the justices rejected claims by the two Kentucky killers they might feel some pain if executed via lethal injection, making the process cruel and unusual. So, where does it say in the Constitution that pain or even the possibility of pain constitutes cruelty? It doesn't, ruled the court. The killers and their supporters are actually more concerned about outlawing the death penalty than pain, but will tie up the system with whatever works, prompting Ralph Baze, one of the Kentucky killers, to tell NBC News in September, “if you're going to execute me, do it in a manner that is as humane as possible.” Humane? Like the way he murdered two deputy sheriff's as they attempted to serve him felony warrants in 1992? Baze was convicted and sentenced for killing Kentucky County Sheriff Steve Bennett with three shots to the back. He then turned and shot Deputy Arthur Briscoe twice in the back, followed up with one shot to the head. You know, just to make sure. I wonder if those deputies, or their wives, mothers or children, felt any pain. Recent studies show the death penalty does have a deterrent effect and does save innocent lives. There are more than 660 inmates sitting on death rows in California, where it takes 20 to 25 years for justice to prevail. Twenty-five years, plus two. Their victims' families have waited long enough.
In my column last Saturday I wrote on Bakersfield High School's JROTC cadets and their effort to raise $5,000 to buy flags for veterans’ graves at Union Cemetery. So far, they've raised $2,000. They must order the flags by April 25 to have them by Memorial Day. Those who wish to honor a veteran with a flag may send donations of any amount to Bakersfield High School JROTC, 1241 G Street, 93301. 14 comments from 12 users
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posted by
mildmannered1
on Apr 19, 2008 at 04:07 PM
So, it's ok to kill under the heading 'death penalty' but it's not ok to kill under the heading 'abortion.' A sanctity of human life double standard?? posted by
antiextremism
on Apr 19, 2008 at 07:02 PM
Between 1977, when the state reestablished the death penalty, and 2000, Illinois has released more prisoners from death row after proof of their innocence, than it has put to death? 13 overturned convictions and 12 executions. That may be an aberation, but wouldn't a true Christian and Conservative go "whoa, let's review this." I have nothing against execution per se, except for the fact that the overwhelming majority of retrials result in lesser sentences, and about 7% of death penalty convictions are completely exonerated by new evidence such as DNA testing. Even a less than competent Public Defender can get you fried. Besides, it probably still costs a lot more to get around to putting someone to death than simply confining them. I just don't seem to remember any Jesus quotations that said...."Kill 'em all, and let my Dad sort 'em out." I'd say the majority of those on death row deserve what they get, but too many don't. Where's your line of acceptable mistakes? posted by
TomW
on Apr 19, 2008 at 11:58 PM
It would probably help the clarity of this article if you removed the part about "gang members and rapists" and the whole bit about Pacheco since being a rapist or a gang member aren't executable offenses. There's still plenty of other inflammatory rhetoric you can use. Also, I'd be interested in hearing a study that shows the death penalty actually does have a deterrent effect. I know a few came out recently that were debunked, so I'm assuming you're not using any of those as the basis of the statement.
posted by
catpaw
on Apr 20, 2008 at 06:35 AM
I just read John Grisham's recent book An Innocent Man. It is not fiction. It confirms my only criticism of our justice system: It doesn't work. Other than that, we're doing everything right. If I'm on a jury, I want to know the defendant is guilty beyond a reasonable doubt. Oftentimes the jury is not given all the facts to make that determination. Recent news stories tell of an innocent man convicted for murder while a lawyer had first-hand knowledge of the inmate's innocence and said nothing. Another case tells of a woman convicted for a murder that never happened. The mistakes of an imperfect justice system were rectified. Had they been executed, how would the mistake have been acknowledged or rectified? The courts have defined imprisonment as a "civil death," meaning the convicted inmate is segregated and not allowed to be a part of society. It is not unheard of for death row inmates to refuse appeals and accept execution rather than years of imprisonment. Is Charles Manson paying less of a debt to society by life in prison than execution? As to the long slow process between sentencing and execution, so what? The guy's not going anywhere; he's behind bars in a state of "civil death." I don't know what "recent studies" you are referring to. I have not heard of executions being a deterrent to crime. Our overcrowded prisons seem to contradict the argument that the death penalty is a deterrence. posted by
NancyII
on Apr 20, 2008 at 07:12 AM
Since so few death penalties are ever carried out, of course it isn't much of a deterrent. On the other hand we have the woman who was just released from prison because the murder of her husband that she was accused and convicted of, never actually happened. posted by
ChicoEsquela
on Apr 20, 2008 at 07:26 AM
posted by
catpaw
on Apr 20, 2008 at 10:44 AM
One of the flaws of our system is a lack of truth in sentencing. If a criminal is sentenced to 20 years his incarveration should reflect that time; it shouldn't mean he'll get out in seven or 10 years. posted by
ChicoEsquela
on Apr 20, 2008 at 10:58 AM
posted by
adampayne
on Apr 20, 2008 at 12:23 PM
"The killers and their supporters" writes our fearless columnist. I do not see the connection between advocating an end to the unfair application of the death penalty as being tantamount to supporting killers. No one arguing for and end to the death penalty thinks that severe penalties should not be enforced against the convicted. However, to equate support of ending the death penaltyas supporting killers is the worst sort of straw man argument that makes a mockery of critical thinking and argument. "Their victims' families have waited long enough." For what? Their "pound of flesh" being exacted? Their loved ones are not coming back, and killing the convicted never brings them back. If we could be sure the convicted is always the one who committed the crime it might be one thing, but in far too many instances this has not been the case. This doesn't seem to matter for too many people in this country. Do you put on a clown costume when you sit down in front of your keyboard to write? I ask because your columns are almost always exercises of sheer buffoonery. Thank you for my Sunday morning chuckle. posted by
sagefever
on Apr 20, 2008 at 12:37 PM
If the fiend(s) who stabbed my friend,at all the major arteries , left her to bleed to death and for her young children to find..is ever caught,I think the families feelings should be taken into account. For my part,I'd love to think of that person(s) in a small cell isolated with her picture to look at,for the rest of their miserable life. I'd like to go visit,and remind him/her yearly of how much I miss my friend. How his/her family must miss him/her...slow painful revenge,even mentally cruel.But that is what he sentenced me to,no quick lethal injection so I can forget,or her family can forget. Truely an eye for an eye.
posted by
randomfactor
on Apr 20, 2008 at 08:50 PM
By sponsoring capital punishment, the government are the "killers." And I'm not one of their supporters. posted by
gr8scott
on Apr 21, 2008 at 08:55 AM
The most powerful, richest nation in the history of the world, and we kill people like some 3rd world back water nation. It's embarrassing. posted by
rightthinking
on Apr 21, 2008 at 08:59 PM
The studies I referred to, and highlighted in a column last year, were published by Emory University and by a well-known liberal law professor, University of Chicago's Cass Sunstein. Sunstein's fascinating paper, "Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs," may be downloaded in its entirety from the Social Science Research Network at http://ssrn.com/abstract=69.... Sunstein's work is especially interesting in that he was known for his opposition to the death penalty.
posted by
NumberOfTheFallen
on Apr 23, 2008 at 05:55 PM
4046.
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