Jan. 12


USA:

Leave revenge out of justice; Life in prison prevents killers from killing again


If I had my way we would abolish the death penalty in favor of life without parole. Several states already have, and I expect more will follow.

It isn't that I don't think the worst murderers deserve to die. They do. I think we will be a better society without a death penalty. We don't really need it.

The only real justification for executing a criminal is retribution, and that is one of our baser human motives. There is no reason a lifetime of incarceration shouldn't prevent a subsequent murder.

The death penalty is expensive, more expensive even than 30 or 40 years behind bars. And there is the question of wrongful convictions. Is there anyone out there who still doesn't belive we occasionally execute the wrong man? I don't say innocent. Almost all executions involve really bad actors, but unsavory character is not a capital crime.

Robert Blecker has an article in City Journal advocating what he calls Permanent Punitive Segregation. He would make life in prison for the worst of the worst as unpleasant as constitutionally allowable. He would put them in something close to permanent solitary confinement with no contact with other inmates, specially trained guards who would avoid unnecessasry conversation, no television or other entertainment, pictures of their victims unreachable but on prominent display, a bland tasteless diet, limited exercise, and no possibility of ever touching another human being.

Professor Blecker justifies his proposal primarily on grounds of retribution. The punishmenet should fit the crime. The guilty should get his just deserts.

I don't disagree that some of these criminals deserve harsh treatment, but who benefits? The prisoner isnt' going to repent and reform. We've already given up on that. Do we really want a public policy based on vengeance?

The Texas prison system is full of references to "correctional" officers. We aren't going to correct anybody here. But even if we did, with Blecker's proposal, would we want a separate Agency for Revenge? Professor Blecker suggests his policy would act as a deterrent. But I think he is being disingenuous here. He offers no support beyond human nature and common sense. Surely he knows that the prospect of a death sentence has never been a deterrent. It has sometimes led to false confessions in plea bargaining, but few murderers commit their crimes in the expectation they will be caught. Those who do act in passion with little regard to consequences.

I don't expect the Blecker proposal will gain much traction. Legislators won't want to make life sentences more expensive than they already are. Prison wardens don't want prisoners with no incentive for good behavior because life is already as difficult as guards can make it. And, since the policy makes sense only in jurisdictions with no death penalty, public opinion has already swung in favor ofmore humane prisons.

I can understand the sentiment behind the idea. If Adam Lanza had survived his rampage at Sandy Hook Elementary School, his maximum snetence in a Connecticut prison would have been life without parole. Many people would think that was not enough. I might even be inclined to agree.

But what good would it have done to put that poor mad soul to death? Would the parents of his victims feel better knowing that he would live out his life in misery? Wasn't he already miserable?

We will continue on our path toward abolishing the death penalty, state by state. It is an anachronism. When it is gone our grandchildren will ask us what took us so long. We aren't going to replace it with another policy based solely on revenge.

(source: Op-Ed, Norman Roberts----Dallas Morning News)






MARYLAND:

Death Penalty Debate About To Start


A debate on repealing the death penalty is about to get underway in Annapolis.

NAACP leaders will join clergy and death penalty opponents on Tuesday at a rally for a repeal.

Meanwhile, Baltimore County Republican Delegate Pat McDonough says he will introduce his own legislation to mandate the death penalty for the killings of correctional, and police officers, mass murderers, contact killers and serial killers.

McDonough says he is introducing the legislation in response to the Newtown, Connecticut school massacre.

McDonough also wants to shorten the time for death penalty appeals, and he says lawmakers will have several chances to vote on his proposal.

"We're going to talk about gun violence. We're going to talk about crime. We're going to talk about law. We're going to talk about the death penalty, and the fact of the matter is we are going to bring it to the floor of the House in the form of an amendment, and we are going to get a vote on everyone of these bills," McDonough told WBAL News.

Governor Martin O'Malley who favors a repeal, isn't saying if he'll propose one.

Senate President Mike Miller said this week that he believes the Senate will vote on a death penalty repeal this year, but he believes a repeal is still 1 to 2 votes short of passage.

(source: WBAL News)


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