Sunday, August 17

Crime and Punishment

I have been renown for opposing to death penalty as a method of crime punishment. Coming from a very long line of literary tradition, from Cesare Beccaria's "On Crimes and Punishments" to Alessandro Manzoni, Dostoevsky, Ghandi, Martin Luther King, I just cannot possibly bring myself to accepting that someone may ever take responsability to decide of somebody else's death, unless expressedly and informedly asked by that same person to do so. Even when it comes to horrific crimes such as paedophilia, I much rather impose life sentences, hard jail and chemical castration than death row. I have suffered over the years watching the executions in various so-called civil countries, but why is that that I often feel a satifying sigh of relief, the feeling one has at the end of an action movie when the good ones beat the evil. I have many reservations on the American war on terror, but I secretly rejoiced in seeing the footage of Saddham being executed. I feel ashamed of what the Nazi and the Fascists did in 1900, despised their brutal massacres and racist politics, yet stifled when I first came across the picture of Mussolini and his closest being hung upside down in a public square at the end of WW2. I cried when I saw Sudanese armies torturing women guilty of violating retrograde points of the Shia constitution. Knowing that Hitler had died in a house fire made me happy. So what is it that makes killing another right? What may be logical and just for me may not be for another and viceversa. All of a sudden it is like not being able to wish that the Joker may die at the end of "The Dark Night", because it is like, now, it is not only the evil Joker, but it is someone you have got to know and whose death you may not possibly wish any longer.

7 comments:

dudleysharp said...

Some thoughts of others.

(1)"The Death Penalty", Chapter XXVI, 187. The death penalty, from the book Iota Unum, by Romano Amerio, 
 
http://www.domid.blogspot.com/2007/05/amerio-on-capital-punishment.html
titled "Amerio on capital punishment "Friday, May 25, 2007 
 
 (2)  "Catholic and other Christian References: Support for the Death Penalty", at http://www.homicidesurvivors.com/2006/10/12/catholic-and-other-christian-references-support-for-the-death-penalty.aspx

 
 (3)  "Capital Punishment: A Catholic Perspective", by Emmanuel Valenza (Br. Augustine) at
http://www.sspx.org/against_the_sound_bites/capital_punishment.htm
 
 
(4) "The Purpose of Punishment (in the Catholic tradition)", by R. Michael Dunningan, J.D., J.C.L., CHRISTIFIDELIS, Vol.21,No.4, sept 14, 200
http://www.st-joseph-foundation.org/newsletter/lead.php?document=2003/21-4
 

(9) "The Death Penalty", by Solange Strong Hertz at
http://ourworld.compuserve.com/HOMEPAGES/REMNANT/death2.htm

john heasley said...

What happened to the blog about the coldplay song. Anyway, I am against the death penalty, on so many levels, it is a challenge for me, having children, to justify, if one of my kids was harmed, would I still be the same. That is the challenge, I heard of a guy whose child was murdered while on holiday, he travelled to the destination, visited the prison and told the killer, that he forgave him. Killing is not a punishment, it does not bring closure to someones pain, or satisfaction that the state has also managed to take a life. The punishment of death, the true punishment is only faced when you die, and everyone must have a chance to seek rdemption before then. Sorry for babbling on, just a taster of my view, ta.

Tanya Heasley said...

I totally agree with John on the whole Death penalty issue.

God judges the sinner and those who have not accepted Jesus will be punished by death, it's that simple.

We should not use the death penalty as punishment, it's not our right to take another person's life.

dudleysharp said...

Tanya,

Why is it not our place to say the=at the death penalty is appropraite for some criminals?

You may find these of interest.

John Stuart Mill, speech on the death penalty

http://www.mnstate.edu/gracyk/courses/web%20publishing/Mill_supports_death_penalty.htm

Immanuel Kant, "The Right of Punishing", inclusive of the death penalty

http://web.telia.com/~u15509119/ny_sida_9.htm

Just Violence: An Aristotelian Justification of Capital Punishment

http://www.csuchico.edu/pst/JustViolence.htm

Tanya Heasley said...

Hey dudleysharp, one of my main reasons for not supporting the death penalty is based on the amount of wrongly accused criminals.

Countless people have been convicted for a crime they didn't commit, supposing these innocent people were given the death penalty, you can't bring them back from the dead when proven innocent.

Even if all the evidence (such as D.N.A) can prove they did it, I still don't think the death panelty is an answer to punishment because they're not given a chance to repent.

Also when the Oklahoma bomber recieved the death penalty, the family members of the victims watched him die but when asked after if they felt justice is done none of them said yes and instead they walked away without closer because they realise that by him dying won't bring back the love ones they had lost.

dudleysharp said...

Tanya:

No one wants an actual innocent arrested, tried or convicted, however,

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.
 
6 inmates have been released from death row because of DNA evidence. An additional 9 were released from prison, because of DNA exclusion, who had previously been sentenced to death.
 
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 reasonable 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
e-mail sharpjfa@aol.com 713-622-5491,
Houston, Texas
 
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS, VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
 
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
 
Pro death penalty sites 

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

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

dudleysharp said...

CLOSURE and EXECUTION
Dudley Sharp, Justice Matters, contact info below
 
Closure to what?
 
I know of no victim survivor who believes that the execution of the guilty murderer(s) brings closure to the emotional and/or psychological suffering  of that victim survivor for the loss of their innocent, murdered loved one(s). How could it?
 
I have never encountered such a person, in the many years I have been involved with murder victim survivors. Has anyone?
 
There are many victims survivors who claim they did find closure with the execution, although without important clarification.
 
Further inquiry would reveal the obvious: it is closure the the legal process, whereby execution is the most just sanction available for the crime and they are relieved that the murderer is dead  and can no longer harm another innocent - a very big deal.
 
Those are the real meanings of any closure expression.

Murder victim "Mary Bounds' daughter, Jena Watson, who watched the execution, said Berry's action deprived the family of a mother, a grandmother and a friend, and that pain will never go away."

"We feel that we have received justice," she said Wednesday after the execution. "There's never an end to the hurt from a violent crime. There can never fully be closure. You have to learn to do the best you can. Tonight brings finality to a lot of emotional issues." "

Ina Prechtl, who lost her daughter  Felecia Prechtl. to a rape /murder said,  after watching Karl Chamberlain executed: "One question I ask myself every day, why does it take so long for justice to be served?"  It took 17 years for the execution. ("Texas executes 1st inmate since injection lull", Jun 11, 2008, MICHAEL GRACZYK, Associated Press Writer, HUNTSVILLE, Texas)
 
copyright 2008 Dudley Sharp, Permission for distribution of this document, in whole or in part,  is approved with proper attribution.
 
Dudley Sharp, Justice Matters
e-mail  sharpjfa@aol.com,  713-622-5491,
Houston, Texas
 
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
 
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.