Friday, December 12, 2008

That Is So Not Green

Like many columnists in recent weeks, Jorge Fernández Menéndez has written a thoughtful piece listing the reasons why the death penalty is not a solution to Mexico's security problems. There's a lot in there I agree with, but this paragraph deserves special mention:
The Green position borders on the absurd: you cannot be ecological so as to preserve nature and propose the death penalty. During bull fighting seasons there's always to one side of the Plaza México a group of colorful Green militants, calling for the prohibition of the bull fights because they're inhumane and cruel to animals...and they propose the death penalty? It's absurd.
The Green Party's position has not merited a whole lot of commentary simply because the party's size renders it unimportant. Nonetheless, everything Fernández says is right on target. A truly bizarre and cynical position.

3 comments:

dudleysharp said...

There are some excellent moral/ethical writings supportive of the death penalty. Here are a few. I hope you have the chance to read them.

(1) John Stuart Mill, speech on the death penalty
http://www.mnstate.edu/gracyk/courses/web%20publishing/Mill_supports_death_penalty.htm


(2)"The Death Penalty", by Romano Amerio, a faithful Catholic Vatican insider, scholar, professor at the Academy of Lugano, consultant to the Preparatory Commission of Vatican II, and a peritus (expert theologian) at the Council.
www.domid.blogspot.com/2007/05/amerio-on-capital-punishment.html

titled "Amerio on capital punishment ", Chapter XXVI, 187. The death penalty, from the book Iota Unum, May 25, 2007


(3) Immanuel Kant, "The Right of Punishing", inclusive of the death penalty
http://web.telia.com/~u15509119/ny_sida_9.htm


(4) "Capital Punishment: A Catholic Perspective",
by Br. Augustine (Emmanuel Valenza)
www.sspx.org/against_the_sound_bites/capital_punishment.htm


(5) "Defending Capital Punishment" by William Gairdner
http://www.williamgairdner.com/defending-capital-punishment/


(6) "Capital Punishment: The Case for Justice", Prof. J. Budziszewski, First Things, August / September 2004 found http://www.orthodoxytoday.org/articles4/BudziszewskiPunishment.shtml


(7) Just Violence: An Aristotelian Justification of Capital Punishment
http://www.csuchico.edu/pst/JustViolence.htm


(8) "Christian Scholars: Support for the Death Penalty",
www.homicidesurvivors.com/2006/10/12/catholic-and-other-christian-references-support-for-the-death-penalty.aspx


(9) Chapter V:The Sanctity of Life, "Principles of Conduct: Aspects of Biblical Ethics" By John Murray

http://books.google.com/books?id=phoqAAaGMpUC&pg=PA107&lpg=PA114&ots=mFvByHqGSy&dq=Murray+%22It+is+the+sanctity+of+human+life+that+underlies+the+sixth+commandment.%22&ie=ISO-8859-1&output=html&sig=ACfU3U1b0mdM3BfpNSXnhrwFYXaE_9Ij9A


NOTE: Religious positions in favor of capital punishment are neither necessary not needed to justify that sanction. However, the biblical and theological record is very supportive of the death penalty.

Many of the current religious campaigns against the death penalty reflect a fairly standard anti death penalty message, routed in secular arguments. When they do address religious issues, they often neglect solid theological foundations, choosing, instead, select biblical sound bites which do not impact the solid basis of death penalty support.

Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas

pc said...

Hi Dudley,

Thanks for the comment, and I look forward to taking a look at some of the stuff you posted. The death penalty, for me at least, has always seemed to have pretty solid moral arguments on both sides. I just find that given my ambivalence, I'd rather err toward life (which is what Jonah Goldberg said about abortion in a thoughtful column in the LA Times several months ago). In Mexico's case specifically, I think the death penalty is a bad idea because the justice system is so flawed that it would be impossible to safeguard the rights of the accused adequately.

Thanks for reading, and I appreciate the suggestions.

dudleysharp said...

Patrick,

You're welcome.

I think any reasonable person will have the same concern about the messed up Mexican system.

But, keep this in mind.

The Death Penalty Provides More Protection for Innocents
Dudley Sharp, Justice Matters, contact info below

Often, the death penalty dialogue gravitates to the subject of innocents at risk of execution. Seldom is a more common problem reviewed. That is, how innocents are more at risk without the death penalty.

To state the blatantly clear, living murderers, in prison, after release or escape, are much more likely to harm and murder, again, than are executed murderers.

Although an obvious truism, it is surprising how often folks overlook the enhanced incapacitation benefits of the death penalty over incarceration.

No knowledgeable and honest party questions that the death penalty has the most extensive due process protections in US criminal law.

Therefore, actual innocents are more likely to be sentenced to life imprisonment and more likely to die in prison serving under that sentence, that it is that an actual innocent will be executed.

That is. logically, conclusive.

16 recent studies, inclusive of their defenses, find for death penalty deterrence.

A surprise? No.

Life is preferred over death. Death is feared more than life.

Some believe that all studies with contrary findings negate those 16 studies. They don't. Studies which don't find for deterrence don't say no one is deterred, but that they couldn't measure those deterred.

What prospect of a negative outcome doesn't deter some? There isn't one . . . although committed anti death penalty folk may say the death penalty is the only one.

However, the premier anti death penalty scholar accepts it as a given that the death penalty is a deterrent, but does not believe it to be a greater deterrent than a life sentence. Yet, the evidence is compelling and un refuted that death is feared more than life.

Some death penalty opponents argue against death penalty deterrence, stating that it's a harsher penalty to be locked up without any possibility of getting out.

Reality paints a very different picture.

What percentage of capital murderers seek a plea bargain to a death sentence? Zero or close to it. They prefer long term imprisonment.

What percentage of convicted capital murderers argue for execution in the penalty phase of their capital trial? Zero or close to it. They prefer long term imprisonment.

What percentage of death row inmates waive their appeals and speed up the execution process? Nearly zero. They prefer long term imprisonment.

This is not, even remotely, in dispute.

Life is preferred over death. Death is feared more than life.

Furthermore, history tells us that lifers have many ways to get out: Pardon, commutation, escape, clerical error, change in the law, etc.

In choosing to end the death penalty, or in choosing not implement it, some have chosen to spare murderers at the cost of sacrificing more innocent lives.

Furthermore, possibly we have sentenced 25 actually innocent people to death since 1973, or 0.3% of those so sentenced. Those have all been released upon post conviction review. The anti death penalty claims, that the numbers are significantly higher, are a fraud, easily discoverable by fact checking.

The innocents deception of death penalty opponents has been getting exposure for many years. Even the behemoth of anti death penalty newspapers, The New York Times, has recognized that deception.

To be sure, 30 or 40 categorically innocent people have been released from death row . . . (1) This when death penalty opponents were claiming the release of 119 "innocents" from death row. Death penalty opponents never required actual innocence in order for cases to be added to their "exonerated" or "innocents" list. They simply invented their own definitions for exonerated and innocent and deceptively shoe horned large numbers of inmates into those definitions - something easily discovered with fact checking.

There is no proof of an innocent executed in the US, at least since 1900.

If we accept that the best predictor of future performance is past performance, we can, reasonably, conclude that the DNA cases will be excluded prior to trial, and that for the next 8000 death sentences, that we will experience a 99.8% accuracy rate in actual guilt convictions. This improved accuracy rate does not include the many additional safeguards that have been added to the system, over and above DNA testing.

Of all the government programs in the world, that put innocents at risk, is there one with a safer record and with greater protections than the US death penalty?

Unlikely.

Full report -All Innocence Issues: The Death Penalty, upon request.

Full report - The Death Penalty as a Deterrent, upon request

(1) The Death of Innocents: A Reasonable Doubt,
New York Times Book Review, p 29, 1/23/05, Adam Liptak,
national legal correspondent for The NY Times

copyright 2007-2008, Dudley Sharp
Permission for distribution of this document, in whole or in part, is approved with proper attribution.

Dudley Sharp, Justice Matters

Pro death penalty sites

http://homicidesurvivors.com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx

www.dpinfo.comwww.cjlf.org/deathpenalty/DPinformation.htm
www.clarkprosecutor.org/html/links/dplinks.htm
www.coastda.com/archives.html
www.lexingtonprosecutor.com/death_penalty_debate.htm
www.prodeathpenalty.com
http://yesdeathpenalty.googlepages.com/home2 (Sweden) www.wesleylowe.com/cp.html