Till Death Do Us Part: Arguing About Capital Punishment |
“If we are to abolish the death penalty, let the murderers take the first step.” Les Guepes, Alphonse Karr (1849)
There are few arguments as vitriolic, or recurrent, as capital punishment.
Opponents call supporters barbarians; supporters deem opponents fools. Both agree the opposition promotes murder, either of innocent defendants, or future victims, and therefore can never be respected, or forgiven.
Even if one supports its qualified use, the arguments for its abolition should be carefully examined:
1- “Thou shall not kill” is one of the 10 Commandments. It does not differentiate between individuals and society. If you venerate the Bible, or believe in God, you don’t kill your fellow man.
The Sixth Commandment is not Lo Taharog, Don’t Kill, but Lo TIrtzach, Don’t Murder. Not only does the Bible explicate detailed rules for trial and execution, but it also mandates Earei Miklat, cities of shelter where those who accidentally kill can voluntarily imprison themselves to avoid being avenged by the victims’ families.
Yet, the Talmud [Makkot 7A] characterizes courts executing even once in 70 (or 7) years as “Murderers.”
The divine message appears to be, execution is permitted, but should be sharply circumscribed.
2- The death penalty is not a deterrent.
Of course, it is. No one wants to die, why cops warn “Stop, or I’ll shoot!”, why murderers plead guilty to avoid the death penalty. Its effectiveness however, is proportional to how imminently it will be implemented.
Bear in mind however, a nuclear bomb is also an unquestionable deterrent, but few would advocate its usage.
3- The Constitution forbids “Cruel and unusual punishment.”
It is hardly unusual, transcending all temporal and geographical boundaries. The Constitution’s framers clearly did not mean it to apply to executions, or they would have said so explicitly.
It should never be administered cruelly. If we can put quadrupeds “To sleep” painlessly, we can, and should, do the same for bipeds.
4- Execution is more expensive than lifetime incarceration.
The only expensive component of execution is........