-Caveat Lector-   <A HREF="http://www.ctrl.org/">
</A> -Cui Bono?-

From:

http://asp.washtimes.com/printarticle.asp?action=print&ArticleID=houseed3-20000209

The Washington Times
February 9, 2000

The Starbucks Murders

House Editorial

     The death penalty was once declared unconstitutional because
it was held to be "cruel and unusual." That description is
certainly debatable � indeed, it was subsequently rejected by the
Supreme Court when capital punishment was reinstated more than 20
years ago. But the decision by Attorney General Janet Reno to
seek the death penalty in the case of Carl Derek Cooper � the
gunman charged with a triple killing at a Georgetown Starbucks
coffee shop on July 6, 1997 � could certainly be described as
"arbitrary and capricious." Though murders are committed in the
District almost every day, many of them equally brutal, the last
person executed for capital murder was Robert E. Carter � in
1957.

     While the Starbucks murders certainly merit the ultimate
sanction against the perpetrator of those crimes, surely it's
unequal justice that other killers, guilty of similar or worse
offenses, face at most life in prison � often with the
possibility of parole after 20 years.

     Those who believe in the death penalty � and there are
strong arguments in favor of it � ought to be concerned about
this uneven application of justice. It results from the fact that
District has had no capital punishment statute on the books for
years � while at the same time numerous federal crimes are in
fact punishable by death. Cooper was charged with one such crime:
"murder in the course of using a firearm during a crime of
violence." But the legalistic hair-splitting and jurisdictional
musical chairs don't alter the fact that a great many of the
killings that occur in the District are "murder in the course of
using a firearm during a crime of violence." There's no material
or moral difference. But unless charged with a specific federal
offense, the killers don't get their just reward � death.
Instead, they get an all-expenses paid extended vacation,
courtesy of the taxpayers.

     The disconnect between sanctions for essentially the same
crime, all dependent upon whether one is charged under federal or
state law, is dangerous because to any fair-minded person it does
indeed seem arbitrary, capricious � even cruel and unusual, for
that matter. Cold-blooded murder is cold-blooded murder � no
matter how the legal system might parse it. Until and unless a
single standard applies across the board, the death penalty will
continue to be vulnerable to attacks by opponents � who will use
the unease of proponents with its uneven application and
capricious nature against them.

     If proved guilty, Carl Derek Cooper deserves to die. But so
do others who are found guilty of similar crimes. That is the
lesson � and the warning � to be gleaned from this horrible
episode.

Copyright � 2000 News World Communications, Inc. All rights
reserved.


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