Monday, April 21, 2008

Supreme Court Rules on Death's Sting


US Supreme Court
Originally uploaded by dbking
The United States Supreme Court dashed the hopes of death penalty opponents last Wednesday when it ruled that lethal injection protocols in Kentucky do not violate constitutional protection against "cruel and unusual punishment." While narrowly framed to apply to Kentucky's case the ruling had immediate implications for a number of other states, including Missouri, where executions had been put on hold pending the Court's ruling on the Kentucky case.

The decision could have a grisly aftermath as it would appear to open the door to a number of executions that have been suspended around the country. Matt Blunt, Missouri's ineffective, lame duck governor declared that execution orders should be reinstated immediately.

The whole matter is a bit bizarre. In Missouri the story took a tabloid turn when it was revealed that a physician administering the so-called lethal cocktail was dyslexic and allegedly transposed dosage specifications. It would be humorous if it wasn't so tragic. Can you imagine how families must feel as judges in black robes deliberate over the level of pain that is justifiable in snuffing out the lives of their loved ones?

The New York Times, in an editorial aptly entitled "The Supreme Court Fine-Tunes Pain," speaks to the swirl of issues that encircle the ruling:
The Supreme Court’s regrettable ruling upholding Kentucky’s use of lethal injection is a reminder of why government should get out of the business of executing prisoners. Rather than producing a crisp decision upholding the constitutionality of lethal injection, the court broke down into warring opinions debating the ugly question of how much unnecessary pain the state may impose.
The nonsense that underlies this debate is the reason why the death penalty should be abolished. I am not naive. I know that many brutal and repugnant men and women await their fate on death row. I was personally acquainted with a religious cult leader who was executed in Ohio after murdering five people, including three children. I wrote some reflections about that story in my blog back in 2006. I can't imagine how hard it is for the family of victims. I know that many of them believe that death brings closure and peace. I am persuaded that it does not, because it comes at the cost of brutalizing us all.

The United States is virtually alone in the developed world as a sponsor of state-supported executions. It is time for that to change. As for me, I am on the board of Missourians to Abolish the Death Penalty, an organization that recognizes that capital punishment is inequitably imposed, on occasion takes the life of the innocent, and every time it is used diminishes and demeans our society and its values. There is a higher standard to which we should measure ourselves.

This isn't about what dosage of chemicals is most humane in imposing death. It is about the state understanding that the sanctity of life has no exceptions.


7 comments:

  1. Living in Canada gives me slightly different perspective in the capital punishment discussion. We here have certainly had our share of unspeakably horribly crimes. But we've also been doing without the death penalty for some years now.

    I am sad to say that there are many in Canada, including many in government, who from time to time threaten to reopen the question.

    My position on this issue is closer to yours I think. For me it's not a question of how horrible the crime or the criminal, it's about who we as a nation choose to be. Once we've made that decision, then we can put our energies into being the kind of country that reduces the chance that murderers "happen."

    Now if we could just get our governments to work on that with housing and poverty programs, early childhood protection, support for learning and other disabilities, harm reduction programs, etc, etc....

    At least it's a start that we aren't involved in the massively expensive capital punishment system.

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  2. I think you've got it exactly right, Marion. I have always been proud that Canada, the nation of my birth, has long opposed the death penalty. I certainly hope that it holds to that position.

    As you infer, if we are to deal with the death penalty we must also deal with the underlying causes of crime--poverty and race being chief among them.

    Thanks for your thoughtful post, Marion.

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  3. I have a grisly question. This has nothing to do with the morality of the issue, I'm just wondering. I took my cat to be euthanized a few months ago. As anyone can attest who has had to do it, it was heartwrenching and took me a long time to decide this was indeed the right way to go. My vet was very careful not to try to sway me (though that would certainly have made the decision easier) but he was very supportive when I finally decided to go ahead. It was the most simple, painless thing. The cat simply fell asleep peacefully. All of my fears were put to rest, especially since the animal was leaving great suffering. But I couldn't help but wonder, why can't human beings handle this task? I have read many horror stories about prisoners suffering needlessly at the hands of folks who don't know what they are doing. Am I to assume that the average vet is smarter than the average physician who agrees to perform this awful task? Originally I believe states resorted to this method because it was believed to be more "humane." Now we are finding, not so...
    Is it more complicated physically to "put people to sleep?"

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  4. Drugs also play into the cause of crime. Much burglary is to buy drugs. When we stop imprisoning drug users and start treating them instead, we will eliminate the revolving door and crime school of jail.

    It doesn't help that so many children drop out of school nowadays.

    There are few jobs for those without a high school diploma or GED and few good jobs for those without a degree.

    Much of that is the root cause of crime.

    This society has a long way to go before they will ever agree to abolish the death penalty. It's definitely a pagan policy.

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  5. Aside from the moral reasons, there are a number of people who are being released from prison today who have been found innocent thanks to new technology. For that reason alone, the death penalty should be abolished. How many innocent people have been put to death for no reason?

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  6. I hear what you are saying..... money to buy drugs, and innocent people in prison and or put to death.

    I don't like it any more than you do, but..... there will always be people looking to make easy and quick money, and selling drugs does that, and that's not going to stop. but IMO I don't think that any drug dealer has ever been put to death for selling drugs. Maybe they should be, they are killing our youth, they are helping to fry their brains, and they, the youth, are becoming a liability on society.

    I really find that train of thought interesting, let's not put anyone to death because they might be innocent. You are right when you say that the innocent have been put to death, just thinking about the children that have been killed in drive by shootings, or young women who have been kidnapped, raped and murdered, there has been a lot of innocent people put to death.

    I don't know what the answer is. I would not want to choose who would die and who would live. I have not had to choose one or the other. if we do away with capital punishment than i think there needs to be some reform in the prison system.

    I hope i haven't stepped and any toes, but i feel it's important to look at both sides.

    does this have to do with justice, and what kind of justice are we looking for?

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  7. to push your thinking...go pick up the current issue of The Pitch....read about the juveniles, gang members, that took the life of a 2 year old child....what must that family of that baby be thinking and feeling? the loss will continue for generations, not only for the family that lost that little girl, but for the boys that took the life....i know because i teach those boys every single day...i have taught them for oer a year......i spend more time with those boys that took the life of that little girl than their own parents do....i see those boys not as merciless, heartless, evil gang bangers, but young boys who are confused and in pain...boys that are sooooooooooooooooo sorry....grieveing.........ashamed....they are KIDS themselves....the too, have lost their lives...just as little yellena lost hers.......it is so much more complex than a reporter can report...it is much more complex than a judge can ever understand...for their families have lost their sons, just as yellena's family has lost her.....but what does the justice system do with this? how is something like this EVER made right???? the world is upside down in so many ways....and until those that are working for peace and justice actually step into the "dirt" of correctional facilites and mental health facilities, no progress will be made...it will all just be rhetoric....

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