death penalty news

June 24, 2005


TRINIDAD AND TOBAGO:

The Punishers

The curious thing about statistics presented in defence of theories seeking 
to prove the futility of corporal or capital punishment is that they are 
all constructed on conjecture; saying punishment of convicted criminals in 
such fashion would have little or no positive effect on our future.

Where that argument collapses completely is against the reality that an 
executed criminal is in no position to commit another murder, whereas if 
kept in jail for the rest of his/her natural life, pardoned or released via 
some legal technicality, society is offered no such guarantee.

Religion has only added to the confusion, some advocating death as 
punishment for killing, while others see it as State-sponsored violence, 
both sides of the debate proffering reams of evidence, invariably culled 
from sometimes skewed interpretations of writings or teachings of spiritual 
leaders.

Christianity has its own brand of built-in conflict on the issue of capital 
punishment, given The Bible's vacillation on the subject, saying in one 
instance "an eye for an eye" and three verses later asking victims of 
physical abuse to "turn the other cheek," saying too that all vengeance is 
for the domain of The Lord.

Among Bible verses most often cited in support of the abolitionist position 
is the tenet described in John (8:3 to 8:11), where Jesus petitions 
executioners, throwing them into a collective quandary as they gathered to 
stone an adulteress to death, saying: "He that is without sin among you, 
let him first cast a stone at her."

Interestingly, it is also one of The Bible's most contested accounts, with 
the anti-execution crusade quoting it to indicate Jesus' opposition to 
capital punishment, even as scholars declare the report a forgery, since it 
only appeared in later editions of the Gospel of St John, presumably added 
by a sneaky creative writer.

But nothing in that quotation suggests Jesus is challenging the right of 
the accusers to kill the adulteress, in keeping with the template set out 
in laws God gave to Moses. If indeed, among the executioners, there were 
many without sin, presumably the stoning would have proceeded without 
further hindrance; having satisfied the proviso.

Perhaps because Jesus was a victim of a most brutal mode of capital 
punishment, Christian passion for abolition of such penalties is enhanced 
but there too the teachings are at least contradictory for, if he were not 
put to death, the very religion would not exist today.

And if it be argued regardless that the crucifixion was for a greater good, 
including unassailably noble justification like saving us from eternal hell 
and damnation, it may be useful to consider that much the same philosophy 
must have informed what the law of the land currently believes; even if on 
not quite so grand a scale.

Interestingly, according to Biblical accounts, God Himself imposed the 
death penalty on individuals guilty of certain transgressions. In Acts (5:1 
to 5:11), the story of Ananias and Sapphira indicates that the former was 
killed on the spot and the latter after she repeated the lie to Peter; all 
for no greater crime than falsely declaring profits from the sale of a 
piece of real estate.

Jesus also featured in an episode of corporal punishment, driving the money 
changers from the temple at Jerusalem, a story whose graphics show Christ 
with a whip, summarily dishing out a penalty on the bankers, having 
determined them guilty of corruption and outright gouging of the poor; 
already forced to purchase a special temple currency if they wished to do 
any business in the Holy City.

As with any proposition for dealing with criminals, whether it be Justice 
Herbert Volney's idea of discarding the apparently ineffective birch and 
returning to the cat-o-nine tails for sex offenders, corporal punishment at 
large, or execution of convicted murderers, a country's social 
circumstances should help determine whether they are acceptable elements of 
the correction system.

Of course, there is no refuting the pro-abolition argument that justice can 
miscarry, sending an innocent man to the gallows. In the US, during the 
20th Century alone, 75 persons were incorrectly convicted of homicides and 
according to a 1987 Stanford University survey at least 23 of them wrongly 
executed. The nightmarish possibilities intensify with DNA testing that, 
over the past 15 years, freed a number of persons, some detained for decades.

Neither compensation nor delayed release is any good to a corpse, such 
errors ranking for much greater contemplation than spilt milk but something 
rather final must be done to debar sexual predators and career killers, if 
we are to protect society from repeat offenders.

But while the lobby to abolish the death penalty continues its crusade, the 
average law-abiding citizen is being punished, living behind bars, in fear 
of ruthless murderers, confident the worst that can happen to them is life 
in prison.

(source: Opinion, Trinidad Express)

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