I much appreciate Jim Henderson's thoughtful posting below.  About 30 years ago, when I was in law school, I remember very vividly giving a talk to the Menlo Park (or Redwood City, I forget which) Lions Club against the California referendum to reinstate the death penalty.  The principal argument I made--and believed--was that the death penalty forecloses the possibility of redemption, and that our central religious traditions all emphasize the possibiity of redemptive change.  Needless to say, my talk had no apparent effect.  But for all these years, that has struck me as one of the strongest arguments against capital punishment even for killers where there is indeed no reasonable doubt about their being the perpetrators.   I also agree with Jim about the mistrust of complacent judicial systems that too easily reflect conventional wisdom.  (Incidentally, I think it is interesting, and perhaps a portent of things to come, that the newly elected governor of Virginia is a serious Catholic who opposes both abortion and capital punishment, and that his opposition to capital punishment apparently didn't hurt him precisely because it was viewed as the product of serious religious principles.)
 
sandy
 
 


From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED]
Sent: Monday, December 12, 2005 10:19 PM
To: religionlaw@lists.ucla.edu
Subject: Re: Can a murderer ever be redeemed?

I have no certainty about guilt or innocence in this particular case.  In any event, the real problem for me is trusting in a judicial system that concludes that blacks are chattel property, that Native Americans are not persons, and that children before birth are not endowed with the natural right to life, liberty and to due process of law. While as a matter of principle, the death penalty may be licit, in our society at this time it is not free from doubt on these grounds, as well as others that may be invoked.
 
Jim Henderson
Senior Counsel
ACLJ
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