The following is the first of a two-part series from a contributor regarding capital punishment in light of news that prosecutors are pursuing the sentence for the Chabad of Poway shooter.
Humans have always associated death as the end. Premature death thus serves as both the most powerful retribution and the worst of injustices. For basically all of human history, the death penalty has been held as a legitimate form of retributive justice for the most egregious crimes against humanity.
Granted, we’re no longer in the age of medieval torture devices—the death penalty has become less of a cruel and unusual punishment than it once was—and thus, the circumstances surrounding its justification have changed as well.
It’s essential to the core of this debate to address the common ground.
Terrible people, in fully sound, body, and mind, commit unforgivable crimes, and justify them with logic that goes against common morality. Some form of permanent life sentencing needs to be in place to punish such individuals. The question that remains, of course, is which.
Humanity, for the most part, shares a common morality. We’re certainly one to call out crimes that oppose our very nature and to deliver righteous justice to the absolute scum of the earth. To put it bluntly, there are some crimes that are so terrible that no other form of punishment would be fitting.
However, it’s not as easy as just pulling an Of Mice and Men and shooting death row prisoners in the back of the head—and it certainly shouldn’t be. For the sake of protecting the innocent, there must be absolutely no doubt that the criminal in question has committed the horrendous crimes that he has been accused of. Allowing the process of justice to play out properly and fairly is essential to protecting the integrity of our legal system.
It can’t be denied that the full sentencing process of those given the death penalty is excruciatingly long. An average of a decade (usually longer) from time of initial sentencing to execution is ridiculous and expensive. Until the day of their execution, inmates are incarcerated in solitary confinement, costing taxpayers around $90,000 a year more than it costs to incarcerate a regular prisoner.
Though it’s understandable to have a period of time in place to minimize the chance of an innocent life being taken, decades of waiting seems too long to even be effective. Put bluntly, the appeals process takes time, and it’s difficult to cut down that time without obstructing justice.
But we have to keep in mind who we’re dealing with, as our courts don’t just sentence anyone to death. These are serial rapists and mass murderers—the absolute filth of the earth. The notion that you maintain your rights until you infringe on the rights of others is fairly straightforward.
Because you can forfeit the right to life if you take another life, just as you can forfeit your right to liberty (this is called prison) by infringing on the liberty of another. https://t.co/5queulmZVd
— Ben Shapiro (@benshapiro) May 16, 2019
For the sake of justice, a line must be drawn for the period during which the accused can make appeals. Whether that line be drawn at one year or 10 years, it must be drawn. When taking into consideration that an entire jury already believes the sentenced individual is guilty and has egregiously infringed on the rights of others, clarifying their Fifth Amendment due process rights to expedite the process is essential to the maintenance of a fair trial.
Solitary confinement on death row is arguably a fate worse than death as established previously. Though many tout it as a more efficient alternative to death row, the effects of a lifetime sentence may be better described as cruel and unusual than an swift and final punishment. Although death isn’t exactly what one would consider “ideal,” many would prefer it over spending the rest of their life isolated in prison.
The death penalty isn’t about vengeance. It’s about retribution and the restoration of justice that has been corrupted by the committal of the unforgivable crime. Beyond that, it’s an incredibly useful crime deterrent that saves innocent lives—something very difficult to put a price on. It’s crucial to have a punishment fitting of the crime in order to institute justice, and no punishment is better suited for crimes like murder than an expeditious death penalty.
