Monday, June 24, 2002

I certainly don't envy the task of a U.S. Supreme Court Justice. After all, as learned and impartial as they must be, they are still human; still have their own consciences, political leanings, and emotions to reconcile.

Today's ruling by the supreme court, striking down the death sentences imposed on over 150 convicted murderers, will have far-reaching effects.

I am of right-leaning political bent, and support the death penalty. Despite this, given the facts of the specific case before the justices (that a jury found the suspect of murder, but that a judge sentenced the murderer to death having heard additional evidence after the trial), I can't argue with their decision. But I do have a bone to pick with the way this ruling automatically affects so many other cases where no-one, not the convicted murderer, nor his lawyers, felt that due process had been abused.

While being a proponent of the death penalty, I don't know what it would be like to be a private citizen, with the power and responsibility for ordering the death of a fellow human being. If I wanted that responsibility, I would be a policeman, or judge, or executioner. I saw nothing wrong with a system where a "jury of your peers" could establish guilt beyond a reasonable doubt, then allow the judge to impose a penalty commensurate with the gravity and heinous nature of the offense. After all, to a lay person, all murders may seem heinous - how often are we brought face-to-face with such a situation?

If all prisoners currently on death-row are given automatic commutation of their sentences, it will be a blow to the rights of the victims, who are counting on the vengeance of the state to somehow ease their pain. And the inmates who feel the weight of death sentences being lifted from their shoulders will (for the most part) be grateful to enjoy the accommodations of the state until they live out their lives. Even if commutation of sentences is not automatic, surely each and every prisoner now on death row will have cause for his own appeal.

At most, this ruling will result in the permanent stay of execution for many people who probably deserve to be put to death. At least, it will add immensely to the litigation loads in the 38 states currently supporting the death penalty, and add years to the time it takes to re-sentence these offenders. Overall, I think this ruling will cause great harm to our justice system.

What do you think?

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