PoliticsNJ.com recently named the founder of Bluejersey.com as the "politician of the year". I like to keep an eye on what the opposition is up to, so I read the posts, from time to time. Alas, many of same demonstrate the same "intellectual rigor" displayed on many angry left blogs, ala Dailykos: long on invective and short on intellect. For a site founded by a guy PNJ labels as "summa smart", many of the posts are magna cum dumb.
Take the latest blurb, commenting on the report of the New Jersey Death Penalty Study Commission arrives under the heading "Republican Blood Lust, Fear and Smear". Pretty strong stuff. Capital punishment, the author opines, constitutes "state-sponsored murder" and "revenge killings". "Senators Henry McNamara and Joseph Kyrillos, like some of their colleagues, thinks (sic) they are God." More strong stuff, especially from that part of the political spectrum in which citing to God is considered bad form.
But you get the point; long on insult, short on analysis. One’s opponents are never merely wrong, you understand; they’re "evil", "practically salivat(ing) at the idea of revenge killings". They're "slime". Our commentator engages in some psychobabble pseudo-analysis, averring that people who happen to disagree with him have "... this need to over-compensate for something" or are "insecure with (themselves)". Glad that’s clear.
If anything even approaching an idea, let alone rational political argument, entered this commentary, the editors obviously deleted it. Indeed, the commentator apparently goes under the heading of "Drinking Liberally", and his work product bespeaks a particularly nasty bender.
Let us commence.
Anyone who unreservedly supports capital punishment needs professional help. That anyone would uncritically support empowering the same government which can’t count votes correctly, deliver mail timely, or provide a decent education economically, with the right to take a life, strikes me as outrageous.
That having been said, most of the critics simply cannot be taken seriously. Most of them have never met the government program they didn’t trust – except, perhaps, the military and law enforcement – and would happily consign 1/9th of the economy – that representing health care – to exclusive governmental control. The overwhelming majority of those who oppose executing the unquestionably guilty display not the slightest trepidation about executing the patently innocent – the unborn. (This does NOT apply to folks like Celeste Fitzgerald, and other "seamless garment" types, for whom I have the greatest respect). Vast numbers of folks who shed oceans of tears for men like Marco Bey can find not an ounce of compassion for the tens of thousands of unborn children aborted in New Jersey each year, often through means so gruesome that employing them on a black bear would get one indicted.
In short, anyone whose morality impels him to oppose executing murderers, but who offers not a word of protest about the wholesale slaughter of unborn children, simply merits very little deference.
(Caveat: I do not here mean to impugn our drunken liberal friend. He said not a word about abortion in his piece; it may be – however unlikely – that he possesses a conscience, but, on a liberal blog, considered discretion the better part of valor.)
He avers, though, that 100 men have been found innocent after being on death row. Wrong. Some got off on legal technicalities, there being little question about their guilt. In comparatively few cases were innocent folks exonerated. But to the extent that they were, that means the system, as flawed as it is, works. And, to my knowledge, not a single one of those cases originated in New Jersey.
Not a single death row inmate in New Jersey makes a plausible case for actual innocence. Every single one of them is patently guilty of outrageous, indescribably evil crimes. Indeed, it’s not entirely correct to contend that no death row inmate has been executed in New Jersey since 1963. One man, abiding the official executioner, found justice at the hands of his fellow inmates, from which there could be no appeal to a sympathetic judiciary.
Which points out one of the problems of the "life imprisonment without parole" argument. What happens if these folks kill again? How can you punish someone who, already, will never see the light of day?
Consider the infamous "Bird Man of Alcatraz". Sentenced to jail for viciously killing a man, he tried to murder a fellow inmate, assaulted a hospital orderly, the succeeded in murdering a jail guard.
What would one say to the family of that dead guard? If he had been initially sentenced to death, was preserving the life of this vicious miscreant worth another, completely innocent life?
Too, what’s to prevent some misguided Governor from issuing a pardon, in the interests of "humanity"? Recollect, Jimmy Carter did precisely that, pardoning terrorists who shot up the House of Representatives. Bill Clinton did precisely that, pardoning terrorists convicted of sedition and weapons offenses. Stranger things have happened.
Bloodlust? Hardly. Again, considering that most opponents of the death penalty object not at all to legally sanctioned killing of the wholly innocent, lecturing others about "bloodlust" partakes of more than a little chutzpah.
Most of the other objections to capital punishment – on assertedly pragmatic grounds – can be easily dismissed. Appeals too costly? That’s more a product of a legal system gone awry then of capital cases. When there exists not the slightest doubt about the defendant’s guilt – when he, himself, does not dispute it – why engage in years of senseless haggling? The point of the criminal justice system, at its foundation, was to assess the guilt of the defendant. When the state clearly has the right guy, when there exists no plausible argument for actual innocence, and when the crime is despicable almost beyond description, why spend years, and waste resources, on wholly academic exercises? (This applies, of course, to more than simply capital cases; they merely represent the epitome of a system which now elevates form, and procedural minutiae, over substance. But such is a point for another discussion)
What about the fact that one man might get life, while another gets death? If the penalty fits the latter’s crime, what cause has he to complain that someone else managed to secure an allegedly somewhat more lenient fate? Is this not as much an argument for broadening the class of murderers subject to execution than constricting it?
Mistakes? While anything is possible, such is hugely unlikely today. Essentially, the system in NJ works to winnow the number of folks eligible for the ultimate sanction down to those about whom there exists not only no reasonable doubt, but no doubt at all, respecting their guilt.
And consider the wholly facile argument that if it’s wrong for a murderer to kill an innocent, it’s equally wrong for society to kill in response. Most folks – indeed, essentially all those who would not be slaves or corpses – agree that killing is sometimes necessary. Put another way, there’s a substantive difference between a potential victim who kills an aggressor and the aggressor who kills his victim. Just, so, the deliberate taking of an innocent human life simply cannot be compared to the taking of a guilty human life.
The question presented with respect to capital punishment should be a fairly simple one: are there some actions for which no other response adequately expresses society’s outrage, and which protects it – and all of its members – from the possibility of repetition?
Revenge? Why not? The Commission noted that some folks assert that a desire for retribution is perfectly acceptable, a contention which the Commission simply acknowledged, while refusing to address. But it constitutes the crux of the issue.
One cannot read the reported cases on death penalty cases without putting the volume down in horror and disgust. Crimes so vile, so cruel, so unspeakable, that one wonders that a human being could even entertain the thought behind them. Justice Scalia once wrote about a case in which an 11 year-old girl had been brutally raped by 4 men, then murdered by having her panties stuffed down her throat. Were I persuaded, by scientific proof, that the accused perpetrated that act, I, myself, as queasy as I am about capital punishment, would act as executioner, and would sleep well thereafter.
How else can a society react to the likes of an Adolph Hitler, a Heinrich Himmler, a Josef Stalin, a Mao Zedong, a Jeffrey Dahmer, a John Wayne Gacy, a Saddam Hussein? Even Israel, which abolished the death penalty in 1954, created an exception for Nazi war criminals, and executed Eichmann when they caught him. The sole question seemingly presented by such morally ambiguous laws is not whether society should execute particularly evil people, but where it draws the line.
The Commission’s report strikes me as a shallow piece of work, which fails to address, to any great degree, the fundamental question presented: is executing a patently guilty murderer wrong?
Obviously, no advocate of legal abortion possesses the slightest standing to opine on the subject. Advocacy of the slaughter of innocents precludes moral revulsion at the execution of the guilty. And such folks should be careful about whom they accuse of "bloodlust"; j’accuse!.
But the thoughtful, deeply moral folks who advocate sincerely in favor of the preservation of all life deserve a more sympathetic ear. Alas, I ultimately conclude – with reluctance – that no other penalty adequately expresses society’s justifiable outrage.
Abolition of capital punishment will not improve our state morally. Just as no one should ever celebrate an execution, however richly the subject deserved it, so one should not celebrate the removal of that weapon from society’s arsenal. Certain crimes, in my view, can be adequately addressed in no other way.