Tag Archives: Death Penalty

Just is

Yet again, in the can't tell if trolling category, we have Ross Douthat, New York Times Columnist, arguing for the death penalty.  It's the not fact of arguing for it (full and irrelevant disclosure: I think we're better off without it), it's the way he does.  His argument has all of the earmarks of a sophistry challenge:

This is a healthy fear for a society to have. But there’s a danger here for advocates of criminal justice reform. After all, in a world without the death penalty, Davis probably wouldn’t have been retried or exonerated. His appeals would still have been denied, he would have spent the rest of his life in prison, and far fewer people would have known or cared about his fate.

Instead, he received a level of legal assistance, media attention and activist support that few convicts can ever hope for. And his case became an example of how the very finality of the death penalty can focus the public’s attention on issues that many Americans prefer to ignore: the overzealousness of cops and prosecutors, the limits of the appeals process and the ugly conditions faced by many of the more than two million Americans currently behind bars.

Simply throwing up our hands and eliminating executions entirely, by contrast, could prove to be a form of moral evasion — a way to console ourselves with the knowledge that no innocents are ever executed, even as more pervasive abuses go unchecked. We should want a judicial system that we can trust with matters of life and death, and that can stand up to the kind of public scrutiny that Davis’s case received. And gradually reforming the death penalty — imposing it in fewer situations and with more safeguards, which other defendants could benefit from as well — might do more than outright abolition to address the larger problems with crime and punishment in America.   

That Troy Davis's likely unjust (and therefore actually unjust) execution inspired people to care about his fate is not an argument in favor of the death penalty anymore than the outpouring of blood donation and patriotism was an argument for 9/11.  Some in the public responded in the appropriate moral way to an atrocity.  Good for them.  But the atrocity is not the reason for their being moral.  Take away that atrocity and they can be moral about something else–like prison reform, about which many already care death penalty aside–Douthat's insinuation is a false dichotomy (it's either death penalty elimination or broader prison reform!). 

There's too much that's just awful here to comment on.  Here, however, is the worst of the worst:

Abolishing capital punishment in a kind of despair over its fallibility would send a very different message. It would tell the public that our laws and courts and juries are fundamentally incapable of delivering what most Americans consider genuine justice. It could encourage a more cynical and utilitarian view of why police forces and prisons exist, and what moral standards we should hold them to. And while it would put an end to wrongful executions, it might well lead to more overall injustice.

And thus the sophistry challenge.  Eliminating the big injustices would merely (albeit justifiably) undermine confidence in the unjust system.  That would be unjust. 

The sleep of the just

Over at Fox News, Chris Wallace is complaining about liberal bias.  He does so in a way that reminds one of Steve Colbert's allegation that "reality has a well-known liberal bias."  Here's how Talking Points Memo reports it:

Chris Wallace appeared on Friday's Fox and Friends and assailed NBC's Brian Williams over his question to Rick Perry about whether he ever struggled to sleep at night over the potential innocence of one of his many executed inmates, calling it an example of a "liberal bias."

"Would you ask a liberal politician about sleeping at night if they favored abortion or choice? " Wallace argued. "It is so built into the drinking water, if you will, in some of these liberal outlets that they don't even understand it happens."

To be fair, Wallace was merely agreeing with the even more clownish Bernie Goldberg on the idea of persistent liberal bias in the media; and the video at the link makes this claim even more obviously silly.  The difference, in case you don't just grasp it out of hand, concerned whether Perry worried about the actual non-guitiness of anyone convicted of the death penalty in his death-penalty granting state.  Up or down innocence of an actual convicted criminal can be determined in a rather different manner than whether the fetus has moral personhood.  While the latter might be a true or false question, one must at least admit that it is not super obvious how one might determine that–i.e., in a way strictly analogous to whether someone committed a crime.

Had, of course, Williams asked Perry about whether the death penalty was just, that would have been different.  But he didn't.