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Capital Punishment (Read 2697 times)
Matt
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Capital Punishment
12. Apr 2006 at 17:56
 
I went to see THE EXONERATED last night at the Riverside Studios (www.theexonerated.co.uk) and was deeply moved by the play, and highly recommend it. The play is a reading of actual interviews with 6 people who were found innocent and freed from death row. One of the actors was Sonny Jacobs, who played herself.  Sonny spent 16 years in prison, five of that in solitary confinement, for a crime she did not commit. There is no way to know for sure, but some estimate that on average one innocent person is sentenced to death row in America every year.

It got me thinking. And surfing - I dug up some interesting statistics and facts:

- In the US, there have been 123 people exonerated from death row since 1973.

- In 1973, there were 134 prisoners on death row in America. In 2005, the total population of death row was 3,373.

- One website counts a total of 419* executions worldwide in 2005: America 60, Bangladesh 4, China 77+, Indonesia 3, Iran 88, Iraq 3, Japan 1, Jordan 10, Kuwait 11, Libya 15, North Korea 5, Pakistan 23, Palestine 5, Saudi Arabia 90, Singapore 2+, Taiwan 3, Vietnam 9, Uzbekistan 1, Yemen 7. * Since many executions are secret, the actual number will be much higher.

On a happier note, Europe is a continent free from the death penalty, thanks to EU membership requiring abolition. I wonder if the success of this is because Europe still remembers the horrors of WWII. It was not long after the war Britain lost it's appetite for capital punishment, when in 1948 the House of Commons voted in favour of a bill to suspend the death penalty. It was voted down in the Lords, but started a trend towards abolition - finally realised in 1964. One by one, the countries of Europe have voted to stop practising capital punishment. Maybe Europe has seen enough death in the Great Wars and is trying to balance the karma, so to speak...

Yet there seems to be a lack of support globally, with only a handful of nations ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights (aimed at eliminating the death penalty). So what will it take to pry the rest of the world from the grip of lex talionis ("tooth for a tooth")? I hope not another World War.

I mention all of this, mainly because I would love to know more about how Reverence for Life applies to the issue of capital punishment. Any thoughts?

After the performance of THE EXONERATED, Sonny Jacobs spoke briefly to the audience. She said she harbours no hatred or resentment for those who wronged her. She said the fact that they never broke her spirit was victory enough. "Love really IS the answer," were her parting words.

Some interesting reading:

Prisoners released from Death Row in America since 1973 are listed here http://www.deathpenaltyinfo.org/article.php?did=412&scid=6#inn-yr-rc

An independent study of executions worldwide can be found at http://www.richard.clark32.btinternet.co.uk/overview.html

If you want to get real deep in the debate, read this: http://en.wikipedia.org/wiki/Capital_punishment_debate
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Re: Capital Punishment
Reply #1 - 23. Apr 2006 at 16:14
 
Thank you Matt for this thought provoking contribution.
I do not have the time right now to follow up all the references you give us, but will certainly endeaver to do so. Do you think we should make this a topic for one of our future Albert Schweitzer Days?
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Re: Capital Punishment
Reply #2 - 12. May 2006 at 13:59
 
I'm not sure it would be a discussion though: more of an agreement!!
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Re: Capital Punishment
Reply #3 - 11. Jul 2007 at 06:14
 
Hi Matt...

I saw this on DVD, not the play, but like you, I was deeply moved by it. I'm not totally sure how Reverence for Life applies in this case but would love to know as there are nine of my fellow Austrailans currently on Death Row in Bali for drug smugling.

Which raises another question in my mind. We speak of Reverence for Life in terms of people who (rightly or wrongly) are on Death Row for the crimes they have (or have not as the case maybe) committed, but what about Reverence for Life for the victims of their crimes,  their families, friends, their community and society at large? Why must the majority be punished for the actions of the few? By this I mean  things like having my bags searched at the airports, tighter restrictions on travelling internationally and the like.

Having said that though, I am glad that my country (Australia) no longer uses the Death Penality and hasn't since Ronald Ryan was hung in Melbourne in 1967. (There was some doubt over Ryan's crime and he later found totally innocent  of the crime that led to his death.)

This is very personal for me as I lost two very close friends in the 2003 Bali Bombings and had two friends badly injured in the London Bombings. I'm all for respecting live as Doctor Schweitzer has written but sometimes I wonder what these people are thinking when things like this happen and things like this show how little human life and life in general means to some people.

Sorry for the ranting and raving everyone. This is just my opinion. I hope it makes sense and no-one is offened by it. I would love to hear anyone else's viewpoints on it.

Megan.
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Re: Capital Punishment
Reply #4 - 18. Jul 2007 at 16:35
 
Hi Megan, and thank you for your posting. Yes, the subject of capital punishment is a very complicated topic, tied very close to the heart. Violent crime and punishment evoke such strong emotion that it becomes difficult to analyze clearly.

Despite the pitfalls, I’ll try to forge ahead!  

I tend to lean more towards a utilitarian view of punishment, which I believe coincides with Schweitzer’s views. The Utilitarian view is stated simply, “things can be called good to the extent that they raise the amount of happiness in the world and bad to the extent that they raise the amount of suffering.” Punishment, therefore, should only serve to remove the offender from public society in order to protect others, and to incarcerate the offender to set an example for others contemplating a similar crime. There is no room for retribution in a utilitarian view of punishment, as this would raise the overall suffering in the world.

Yet retribution still has a tugging effect on our justice system, especially in the United States, where it is understood to be almost a moral imperative -  even if punishment serves no discernible purpose, it is supposedly good. The nation states still practising the death penalty share one thing in common – a belief that killing a murderer appeals to a sense of divine justice.

However, the utilitarian view more closely coincides with the teachings of Jesus. As John Stuart Mill wrote, “In the golden rule of Jesus of Nazareth, we read the complete spirit of the ethics of utility. To do as one would be done by, and to love one's neighbour as oneself, constitute the ideal perfection of utilitarian morality.” So, it is through utilitarian goggles I choose to view criminal offenders.

I find it easy to forgive the most heinous offenders in society. Modern understanding of biochemistry and evolutionary psychology has led me to believe that people who commit terrible crimes are not evil-doers – but simply unwell humans. Studies have shown time and again that known psychopaths have an underdeveloped amygdala – the region of the brain responsible for processing emotion, such as fear and pleasure. In studies, a known psychopath, when shown images of strong emotional content, will register little or no activity in the amygdala, as where a “normal” person will register high activity. So is the individual to blame for a lesser active amygdala as modern justice seems to suggest?  My understanding of reverence for life leads me to view these criminals as victims of disease, just as I would view a victim of cancer or HIV or any other life threatening illness.

Indeed, this trend has legal precedents. Post-traumatic stress disorder. Battered woman syndrome. Depression suicide-syndrome. Action-addict syndrome. These have all been used in court to prove what is called “diminished capacity”. The only problem with this approach is that it stems from a legal strategy to exonerate the defendant. If “diminished capacity” is proven, the defendant walks free.  But what about the defendant found clearly guilty of a heinous crime, yet who also registers on the psychopathy scale? Guilty. Psychopathy is not yet considered legal grounds for innocence. Again, my understanding of reverence for life suggests this person needs help, but our justice system is not necessarily interested in treatment – only in punishment.

Much has bee written about the need for “closure”, only attainable through the putting to death of an offender. This is especially the case in the United States, where the emphasis on closure has been sited in many cases – the assassination of JFK, the Oklahoma City bombings and 9/11.  We need closure - an instigating force to move on. But practically speaking, once we remove an offender from society, and thus the threat of further damage, have we not achieved such an instigating force to move on? Do we really need to end life, to begin again our own?

Our understanding of punishment inclines us to believe there should be nothing beneficial towards our treatment of criminals. Yet if we perceive them as unwell, as people in need of medical treatment, we have a moral obligation to treat them as prescribed in the Hippocratic Oath. This is not so popular an idea, as it involves time and money. But this is the only way I can reconcile my understanding of reverence for life with our justice system: our worst offenders are in need of the most assistance.
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« Last Edit: 18. Jul 2007 at 18:01 by Matt »  

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Re: Capital Punishment
Reply #5 - 19. Jul 2007 at 03:57
 
Thanks for the reply Matt but I think I'll exercise my right to agree to disagree with you on it. Wink

What you say makes perfect sense to me but as I said, this is a very personal issue for me based on the reasons given previously. You mentioned Jesus' teaching of loving one another as yourself, but what about the teaching that states "eye for an eye....tooth for a tooth"? I'm not saying we should use this as a reason to punish people, but what about the victims of crime as well as those who commit them? You said that you find it easy to forgive even the most henious crime, but I wonder if you'd feel the same if you or someone you loved were the victim of that crime. Could you honestly say you would feel the same? I know I wouldn't...

Like I said, I think we'll have differing opinions on this Matt, which makes the world a more interesting place don't you think? Smiley

Megan
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Re: Capital Punishment
Reply #6 - 19. Jul 2007 at 12:35
 
No hard feelings at all - difference of opinion is what this forum is all about! Smiley

I'm by no means any kind of expert on biblical studies.  Though I believe that Jesus supported the law of eye for an eye, as prescribed in The Old Testament, however he urged his followers to go one step further than the law and turn the other cheek. Easier said than done, of course.

If we followed “eye for an eye” to the letter, we would have put to death Nelson Mandella for his guerrilla activities during the 80's, we would have killed Menachem Begin for ordering the King David Hotel bombing in 1946, we would have executed Bill Clinton for his 1998 bombing of the al-Shifa Pharmaceutical plant in Sudan which he mistakenly believed was helping Osama bin Laden. It turned out that the plant was exactly what it appeared to be - the primary source of pharmaceuticals in Sudan. It is estimated that thousands of Sudanese have died due to the loss of this factory. Lex Talionis, taken literally, would require an equal number of Americans to die.

Luckily, most legal systems around the world are not so literal.  Eye for an eye has come to be more of a guide for matching the punishment to the crime – proportionate punishment.  But proportionality is open to interpretation, as you rightly point out in the case of drug smugglers on death row in Bali...

I completely understand how you feel. There are people in this world capable of unthinkable acts of violence. I have never been victimized or harmed in such a way, but people I care about have suffered. Anger and outrage are the immediate reactions, I think for most people and some harbour them the rest of their life. But I believe we should attempt to look past these emotions and try to understand the circumstances which led to someone thinking that violence was their only option. I feel that through greater understanding comes greater compassion.

All of this is of huge interest to me, as I am working on a documentary film project focusing on major offenders in the UK. Over the span of four days I will interview a dozen prisoners at Grendon Prison, all of whom are serving life sentences for murder. Grendon Prison is unique - prisoners have to choose to go to Grendon, and must have a genuine desire to change. Many inmates there have expressed a desire to put some good back into the world, but are frustrated that they are not given the opportunity to do so. The film is supported by The Forgiveness Project, and will be aimed at troubled teens who are faced with pivotal choices which could lead to life in prison. So if by sharing the stories of inmates we can change one young life for the better, some good will be done...

The Grendon project perhaps explains my lengthy posts on this topic! I am very interested in learning more about what folks out there think, and will certainly share my thoughts as this project develops.

I highly recommend reading the stories of forgiveness found on the Forgiveness Project website. Andrew Rice lost his brother in the WTC attack. I think you'll find his story very moving:

http://www.theforgivenessproject.com/stories/andrew-rice
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Re: Capital Punishment
Reply #7 - 19. Jul 2007 at 13:57
 
I'm all for forgiveness and turning the other cheek Matt, but there are some crimes that just cannot be forgiven. Maybe this means I don't believe in Reverance for Life as strongly as I thought I did..

I have been privileged to work at the Sydney Jewish and Holocuast Memorial Museum which is one of three museums in the world to have suriviors working as guides (the other two are Yad Vashem in Israel and New York's Holocaust Museum). One of the guides there is Lottie Weiss...the youngest person to go into and come out of the Auschwitz-Birkenau Concentration Camp...a lady I'm proud to know and call friend.

She was 11 years old when she saw her family slaughtered in front of her and was subjected to the brutallity of the Nazi Regime. I asked her once if she ever wanted revenge against the German People for what happened to her and her family. She smiled and said "Revenge will only make me as bad as them."

How can you tell me that the Nazi's deserve forgiveness? I'm lucky enough to say that the only wars I've ever seen are in movies and on television, although I am currently researching a book on my Great Grandfather who was on the Western Front in World War I. Maybe this makes me a little naive. Who knows?

I agree with Lottie's thoughts about revenge making us as bad as our enemies...but how can we forgive those who took 6 million innocent lives just because they were different to them?

Maybe I'm drawing a long bow comparing  those on Death Row to the Nazi Party, but don't the innocent victims of crime and war deserve someone to stand up for them too? Guess I shouldn't care so much because it happened 35 years before I was born and I'm not even Jewish...but if I don't...who the hell will?

Edmund Burke, a scholar and historian of the time said (and I'm paraphrasing) "The only thing needed for the triumph of evil is for good men to do nothing." I guess the world's current situation is a case of good men doing nothing to prevent the mistakes of history being repeated. I mean, we all know how the Nuremburg War Crimes Trials ended up don't we?? Show trials so the world could see that "justice" had been done...

I truly believe there is no such thing as justice in our world, which is a rather pessamstic view for a 31 year old woman to have. But sadly it's the truth. There is far too much corruption in the world for me to believe that true justice can be done. Robert Mugabe in Zimbabwe being a case in point.

Hope the interviews go well for the documentry Matt. It sounds very interesting. Like you said, if you can change one young person's life from a life of crime to something worthwhile, it will all be worth it.

Sorry for the long winded rant. I hope it makes sense as it is way past my bed-time and I'm seeing double as I type it.

Megan
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« Last Edit: 19. Jul 2007 at 23:25 by Gauky_1976 »  

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Re: Capital Punishment
Reply #8 - 14. Aug 2007 at 15:35
 
Regarding the statement "an eye for an eye and a tooth for a tooth". I believe this concept is not included in most modern ethical viewpoints, and it seems clear to me that it goes totally against the philosophy of “Reverence for Life”.

I think it is best revoked by this quote from Mahatma Gandhi: “An eye for an eye will make the whole world blind”.

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Re: Capital Punishment
Reply #9 - 03. Sep 2007 at 15:54
 
The absolutely amazing thing is: that the Stalins, the Hitlers, the Mugabes, the Napolions of this world have always - so far anyway, - been a passing phase: - a storm in an otherwise tranquil sea. Of course, for those caught up in such storms the evil may seem all-pervading and there will appear to be no escape.
Yet they remain isolated storms. It could be otherwise. The balance is overwhelmingly on the side of LIFE, - as yet.   Why is that?
Because, as Schweitzer says, -each spring the meadows are greened again with the renewed vigour and life of each individual blade of grass, and each generation's youth are filled again with new idealism and hope.
Evil or Ignorance is as much part of life on this earth as darkness and they will always be with us; but Reverence for Life says that Humanity will eventually outgrow the need for the death-penalty, as it has outgrown the need for the concept of slavery.
The best defence for the victims of evil is the removal of the environment in which it flourishes and the acceptance that only love can dissolve it.
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Re: Capital Punishment
Reply #10 - 05. Sep 2007 at 13:45
 
This might make me a total cynic Percy...but if only it were that easy!!
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Re: Capital Punishment
Reply #11 - 13. Sep 2009 at 23:37
 
When considering capital punishment, we must first consider the whole process of justice as a whole, do we not? Do we accept that the trials are in fact ethical and honest? If you were tapped for a trial, would you do your duty to society? Or, would you seek a way out? Are trials honest and the best way to determine the facts regarding the criminal behavior of an individual?

Much has been written regarding the reliability of eyewitness testimony. And what about the trial activity, is there a reliable method of testing the jury’s attention to detail? Have you personal participated in a trial? Would you be comfortable in sentencing an individual to death? Could you live with the idea that if you voted to take the defendants’ life that you have made the correct decision? Personally, I was part of a trial, not a capital case, but a trial, nonetheless, what I saw made me question the jury trial efficacy. Without, veering too far off the subject, what I witnessed had less to do with the facts of the case and much more to do with the prejudice, my fellow jury members brought in the jury room.

While I will agree that I have no alternatives, readily at hand, I would suggest that as civil society we be very sure of the consequences of our decision process. Standing outside and looking in at a trials should be made mandatory for all before we continue the process. For once the switch is thrown there are no chances to correct a wrong decision.

If you can be so sure that the proper individual has be identified and correctly tried, are we any better for taking this person life then the defendant in taking their life? Do two wrongs make a right? As a child I am sure at some point in your life someone asked you regarding a desire you had if “Johnny, did such and such would you join in?”  Does the justification of the Biblical law of an eye for an eye make any more sense today then it did when it was first proposed?  

Are we seeking justice or are we seeking vengeance?
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Re: Capital Punishment
Reply #12 - 22. Oct 2009 at 03:08
 
Are trials honest? If only we could separate justice from politics. It does appear to be muddled...

http://www.deathpenaltyinfo.org/new-voices-former-texas-governor-now-expresses-d...

http://deathpenaltyblog.dallasnews.com/

Of course, these questions of innocence still beckon the question: is it right to kill someone for murder, even if we are sure of guilt?

Perhaps this is the ULTIMATE question of forgiveness. For inspiration, see:

http://www.theforgivenessproject.com
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Re: Capital Punishment
Reply #13 - 11. Apr 2010 at 02:01
 
Hi Matt,

I'm a seminarian training for the Catholic priesthood. The Catholic Church has been the most vocal and public defendant of the basic right to life of each person in modern times, this basic tenet of our faith reaching its zenith under John Paul II who personally expended untold wells of his own emotional and spiritual energy appealing for an end to the barbarian practice of capital punishment. Very often this was expressed via his personal intervention in particularly unjust or pointless cases in the US, whereupon he would phone, write to, and generally harass in a public manner both Presidents and state governors alike.

No one can question the Church's commitment to the defence of life.

I liked your post, yet I was disturbed to see your reference to utilitarianism as a possible source for defending a penal response to murder. Utilitarianism ought never to be referred to on any grounds as a defence for *anything*. It is without a shadow of a doubt the most amoral false logic man has yet asserted in the pantheon of philosophical pursuit. It rests on a notion which denies the fundarnetal liberty at the heart of....the human heart!

It is perfectly admissable, for example, to present an argument that the greatest public or societal utility lay in murdering (by capital punishment) Jesus Christ. It is also not beyond a warped genius to argue that apartheid served a greater utility by sustaining the most powerful economy in sub-Saharan Africa. Utility can even be used (and the likes of Marie Stopes virtually do) to argue that the ending of life in the womb serves mankind as some form of perverse altruism; that mankind has progressed his society by making the ending of human life easier and quicker. In simplest form, utilitarianism is the philosophy of facism and can be disproved with simple questions such as - if 10 million Europeans would live more comfortable lives if 2 million elderly Europeans were gotten rid of, would that make their murders justified? The obvious answer is actually "Yes", according to Bentham, Mills et al. Utilitarianism is absurdly attractive when defending easily defended positions but if you ask a person "would murdering Hitler in 1939 have been a good idea?" they are most likely to answer "of course". When the answer is always actually "no". Without human life as the sole absolute in this world there is no basis for human society. And the disappearance of this most blindlingly obvious fact is how we've ended up having astonishing 'debates' about the right to end one's life on the NHS!!! We have now officially crossed the line from sanity to hysteria. We've clearly not paid attention to the disasters 'assisted suicide' has unleashed in Holland.

The most fascinating reading on the notion of crowd mentallity can be had in the biblical scholar Girard, who essentially says whenever the majority calls for blood you can be sure that something isn't quite right about the prosecution's case.

I personally don't think the Church has gone far enough - I think that our already tight set of criteria need to be tightened so that what the catechism of the RCC calls "a virtual impossibility" (a justifiable execution) should become a plain impossibility.

Capital punishment is worse than murder. A jury of twelve calm, collected, well-fed individuals sits in a room, drinks coffee, chats about a case and then decides (again, nice and calmly) that a fit response to an attrocious action is to take away that person's very existence. This is far worse than any gangland killing, psychopathic slaughter, act of self-defence or other form of murder could ever be. And woe betide the state or government that inflicts such a decision making process on that jury. It is beyond belief that the US, regularly billed as the most publicly Christian nation in the west, cannot see the woods for the trees- they speak of a Christian duty to take life when Jesus himself said "You have heard it said 'an eye for an eye', yet i say to you that if a man strikes your cheek turn the other one to him also". Wasn't it Gandhi who wrote "An eye for an eye makes the whole world blind".  

St Josemaria Escriva, the founder of Opus Dei, once wrote a priceless description of the difference between Justice and Mercy:

"In the courts of the mortal world one admits one's guilt and is then condemned. In the court of the Lord, one admits one's guilt and is immediately set free."

No to utilitarianism (no matter what!), and yes to liberty! Smiley

Best regards and the peace of the Risen Christ to you all,

David.
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