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Edited on Fri Sep-17-10 12:54 PM by charleslb
I'm glad that you're concerned about the real-world risk of convicting the wrong suspect in capital cases. Unfortunately many hardcore capital punishment promoters don't share your conscientious concern.They tend to dispose of that aspect of the issue in a cursory, offhanded fashion and proceed to harp on the heinousness of the crimes they wish to punish with death. While focusing on the bad guy's badness is a smart debate tactic that wins people on the fence over to their side it doesn't really deal, in a forthright manner, with the ethical problem of potentially executing the wrong party in a system practicing the principle of "a life for a life".
So here’s a far-out and heady hypothetical proposition, a provocative and introspective thought experiment to test the depth of belief that death penalty supporters have in the moral math of “a life for a life”. A slightly grim gedankenexperiment to make them question whether or not they have the moral courage of their professed conviction that anyone who needlessly causes the death of an innocent person forfeits his/her own right to go on living.
Imagine that a lunatic-fringe faction of seriously strict-constructionist believers in Deuteronomy 19:21 ( נפש בנפש “life for life” ) has come to power. They are consistent-to-a-fault absolutists who rigidly adhere to a verbatim reading of this verse in Deuteronomy so we’ll call them VDs for short. The VDs devise a disconcertingly clever way of applying their literal understanding of the “life for life” principle so as to make the implementation of the death penalty more just.
Here, in a nutshell, is the ethical dilemma of the VDs and anyone who’s pro capital punishment. One of the inherent moral defects of the death penalty is of course that it’s an irreversible punishment imposed by fallible human beings, a permanent payback dealt out by systems of jurisprudence, judges, and juries who are very much subject to human error. In other words, it’s a foregone conclusion that wrongly convicted individuals will now and then be executed, the innocent will occasionally be unjustly deprived of their lives. And when this happens and we belatedly discover that we’ve visited society’s irrevocable retribution on a not-guilty victim of a miscarriage of justice there’s really nothing we can do to make it right. We can’t release someone who’s been given a lethal injection from his grave. There’s no way to compensate the dead. Even if we catch and kill the guilty party the blood stain of an innocent still remains indelible on our society’s moral fiber.
And furthermore we have no real excuse, because we all know full well going in that when we place capital punishment on the books we’re courting the risk that we might one day, as a society, put to death someone who’s done nothing to deserve it. So how do death penalty advocates atone for the sin of killing the innocent? Of course most don’t think they need to atone, they simply rationalize that the real perpetrator of the crime that a falsely convicted defendant was snuffed by the system for is the one who’s responsible for the system’s tragic transgression against the sanctity of innocent life. That is, death penalty advocates pull a somewhat slippery move and pin all the blame on the “bad guy” without flinching in their self-righteous good feeling about their staunch support of a punishment that sometimes ends the lives of decent human beings.
But it’s society, and more specifically all the members of society who favor the death penalty who really bear responsibility for the unfortunate consequences of the punishment they’ve chosen to espouse and embrace. Criminals and murderers don’t actually compel us to endorse the gallows, the chair, or nowadays the needle, if we do so it’s our own choice. And so the question once again puts itself, when our choice costs an innocent life how do we redeem ourselves? The rub here is that the resolution is patently obvious for true believers in the logic of a life for a life. If they have the cojones to be consistent, that is.
Well, in our imaginary scenario the VDs who’ve won the Whitehouse and a majority in every legislature in the country have the mettle to practice the retributive principle they preach, and so they propose the following. The implementation of the death penalty is to be suspended for the time being, and the only way that it can be reinstated is if there’s a national referendum and the majority of the electorate votes for it. But there’s a considerably disturbing catch, this will be the only election in US history in which the practice of the secret ballot is waived, the name of everyone who votes in favor of capital punishment will go into a computer database.
This is to facilitate the lottery that will be held whenever it’s proven beyond a reasonable doubt that an innocent, law-abiding citizen has been executed. The lottery that will give capital punishment supporters the remission of their sin of casting a vote that ultimately caused the death of an unfairly condemned person.
Everyone who votes for capital punishment will be assuming the risk of killing an innocent, and so everyone who votes yea on capital punishment will also assume the risk of his name one day coming up in a lottery to choose a scapegoat, one individual who will shoulder the collective culpability of everyone whose vote made it possible for the system to legally rob an honest man or woman of his/her precious life on this earth. The unlucky winner of this atonement lottery will balance the equation by being put to death in the same manner as the innocent victim of his vote. The principle of a life for a life will be taken to its logical conclusion. The sacrifice of one capital punishment supporter for one wrongly executed prisoner will once again level the scales of justice and provide absolution to all death penalty proponents.
For capital punishment advocates the nub of the question here is of course how much, really, do you believe in your righteous rationale and rhetoric of “a life for a life”? Would you be willing to put your own life where your revengeful stance is? This is the crucial question since death penalty boosters really only have two planks in their platform, the deterrence argument and the argument that a life for a life is poetically just. And the deterrence argument is refuted by plenty of statistical evidence, which leaves them with only the “justice” plank to stand on. So, if you’re pro capital punishment this little thought experiment is designed to make you ask yourself just how deep and sincere is your conviction that a life for a life is justice, and how much is it perhaps just a convenient moralistic justification for your punitive and pitiless desire to see a cruel comeuppance meted out to criminals?
If as soon as you realized where I was going with the above thought experiment your mind automatically began rationalizing and sophistically squirming its way out of the ethical bind I was attempting to put it in, well, perhaps you should examine how honestly committed you are to the core ethical logic of your advocacy of capital punishment. Perhaps all your Old-Testament ethical logic and lofty talk of justice is just a lot of sanctimonious smoke, perhaps hiding out behind it is just an ethically unenlightened hardness, harshness, vindictiveness, and viciousness?
Yep, maybe being a “civilized” citizen of an “advanced” society and a good, pro-life Christian, Jew, or Confucianist is not all that compatible with being a death penalty enthusiast? And while I’m getting a little personal and polemical, if you would not be willing to vote for capital punishment if doing so involved being held to your own lethal logic then perhaps you’re a bit of a hypocrite aren’t you? Furthermore, if you would be willing to vote for capital punishment only if doing so entails no risk for yourself then perhaps you’re also a bit of a physical coward to boot? A cowardly hypocrite, not exactly the self-image of the average stalwart supporter of the death penalty, but the only alternative would be to come clean and admit that the real reason you don’t have any qualms about executing prisoners is that you simply don’t hold the lives of people behind bars too dear. But if you make that admission then you don’t sound all that beautifully pro-life any more.
What’s a death penalty advocate to do? Well, he could summon the intellectual honesty and integrity to reexamine where his position on the issue really comes from! There’s that stand-up option, or capital punishment supporters can simply get testy when confronted with the ethical shakiness of their views and go on the offensive against their critics. To their discredit the latter is the option opted for most of the time by most pro-death penalty folks. Their anger at those of us who are on the other side of the issue is a response that reveals their subconscious awareness of the weakness of their position. People who are confident and secure about being right just don’t get riled up as easily as capital punishment proponents often do. Their emotiveness betrays their sense that their stance isn’t all that morally elevated.
As for the popular perception of death penalty supporters as the champions of victims, if they aren’t all that terribly concerned about the unfairness of frying the innocent every once in a while then one has to wonder how much they genuinely care about the whole principle of justice they claim to uphold. Perhaps it’s not overly cynical to suspect their pro-victims shtick of being mostly just window dressing on the shadow side of human nature that makes even nice, upstanding people want to hurt and dominate and kill. Pardon me for my pointedness here, but yes, maybe for many of us having the penal system kill “bad people” on our behalf is just a socially acceptable way of vicariously getting our cruel side off.
When enough of us come to terms with this psychological insight, when we face up to this unflattering truth about ourselves capital punishment should promptly fade into history. When we begin to see and cut through our lame rationalizations for allowing the criminal justice system to engage in legalized homicide our qualities of decency, honorableness, and fair-mindedness will not allow us to continue the practice.
But before the progressive and humane upside of human character can win through we have to recognize that there’s a pronounced power-tripping streak in our makeup that enjoys exercising the ultimate power over life and death. The problem of course is that we brighten up this dark drive with high-principled BS, legality, and by judgmentally targeting villains and portraying ourselves as caring advocates of justice for the victims of violent crime. That’s why I devised the gut-check thought experiment presented here, to bring home to pro capital punishment partisans that there’s really very little about their belief in “a life for a life” that’s authentically rational and ethical...
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