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WHY I AGREE WITH THE DEATH PENALTY

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February 3rd last year marked the fiftieth anniversary of the execution of Ronald Ryan (1925 – 1967), the last man to be hanged in Australia. Since then, the general consensus has been that the death penalty constitutes a cruel and unusual punishment. Contrarily, however, it is the opinion of this author that the death penalty is not only just, but a key part of any justice system.

There are two main arguments against the death penalty. First, that it is an exceptionally expensive form of punishment. And second, that the death penalty leaves no room for non-posthumous exoneration.

The first argument is one of economics, not of morality or of justice. It does not argue that the death penalty is immoral, only that it is expensive. What this argument suggests is that a price tag can be placed on justice. That the most important factor determining a case is not whether justice is served, but how much money it will cost.

The way a society punishes murder is reflective of the value that society places on a human life. The life of a human being is not something that can have a time-based value placed upon it. It is something that has immeasurable value and purpose. The Norwegian mass-murderer, Anders Breivik, a man responsible for the death of seventy-seven people, received a sentence of just twenty-one years for his heinous crimes. A society that decides that the value of an individual’s life amounts to only one-hundred days is one that has no respect for the sanctity of life.

The second argument carries a great deal more weight. It is an undeniable fact that innocent people have, and continue to be, executed for crimes they did not commit. In the United States, prejudice against African Americans, Jews, Catholics, homosexuals, and other people often meant that justice was not as blind as it should have been. Furthermore, in an era before DNA evidence, convictions were based upon less reliable physical evidence and eyewitness testimony. And such evidence naturally carried a higher rate of false convictions.

There are two problems with the innocence argument. First, the advent of DNA along with other advances in forensic science has meant that the possibility of executing an innocent person is very low. DNA may not be foolproof, but when combined with eyewitness testimony and additional physical evidence, it makes a guilty verdict all the more concrete.

Second, the innocence argument is not an argument against the death penalty. Rather, it is an argument against executing an innocent person. It only applies when the condemned man is not actually guilty of the crime he has been convicted of. What it does not address is how a person whose guilt is certain beyond all possible reasonable doubt ought to be treated. When an individual’s guilt is that certain the innocence argument no longer carries any weight.

There are two primary arguments for the death penalty. First, that there are crimes so heinous and criminals so depraved that the only appropriate response is the imposition of the death penalty. And second, that the death penalty is an essential aspect of a just and moral justice system.

That there are crimes so heinous, and criminals so depraved, that they deserve the death penalty is self-evident. Carl Panzram (1892 – 1930), a thief, burglar, arsonist, rapist, sodomite, and murderer, told his executioner: “hurt it up, you Hoosier bastard, I could kill a dozen men while you’re screwing around.” Peter Kürten (1883 – 1931), also known as the Vampire of Düsseldorf, told his executioner that to hear the sound of his own blood gushing from his neck would be “the pleasure to end all pleasures.” Finally, John Wayne Gacy, Jr. (1942 – 1994) was convicted of forcibly sodomising, torturing, and strangling thirty-three boys and young men. The question, then, is not whether or not any individual deserves the death penalty, it is whether or not the state should have the power to execute someone.

The answer to this question is undoubtedly yes. It is frequently forgotten, especially by humanitarians, that the key aspect of a criminal penalty is not rehabilitation or deterrence, but punishment.

In other words, what makes a justice system just is that it can convict a person fairly and impose on them a penalty that is commensurate with the nature and severity of the crime that person has committed. What separates the death penalty from extra-judicial murder is that the condemned person has been afforded all the rights and protections of law, including due process, a fair and speedy trial, the right to trial by jury, the presumption of innocence, and so forth, regardless of their race, religion, sexuality, or gender. When a sentence of death is imposed upon a murderer, it is not a case of an individual or group of individuals taking vengeance, but of a legitimate court of justice imposing a penalty in accordance with the law.

What makes the death penalty an integral part of any justice system is not that it constitutes a form of revenge (which it does not) or that it may deter other individuals from committing similar crimes (which it also does not). What makes it just is that constitutes a punishment that fits the crime that has been committed.

THE RIDDLE OF INDIVIDUAL RESPONSIBILITY

Defendants At Nuremberg Trials

On November 20th, 1945, twenty-four leaders of the defeated Nazi regime filed into Courtroom 600 of Nuremberg’s Palace of Justice to be tried for some of the most reprehensible crimes ever committed. Over the next ten months, the world would be shocked to learn of the depth and extent of the Nazi regime’s mechanised horrors. By the end of the trial, twelve of the defendants would be sentenced to death, seven would be sentenced to periods of imprisonment, and three would be acquitted.

Contrary to what one may believe, the perpetrators of the Holocaust were not psychopaths, sadists, or otherwise psychologically disturbed individuals. Rather, their actions arose, as psychologist Gustave Gilbert (1911 – 1977) concluded, from a culture which valued obedience. The observation that mass-horror is more likely to be committed by normal men and women influenced by social conformity would later be categorised by Hannah Arendt (1906 – 1975) as the ‘banality of evil.’

This shouldn’t be as too much of a surprise. After all, human beings are hard-wired to obey orders from people they deem superior to themselves. In 1961, Yale Psychologist Stanley Milgram (1933 – 1984) carried out a famous experiment which explored the conflict between authority and personal conscience. Milgram’s experiment was inspired by an interview with the Commandant of Auschwitz, Rudolf Höss (1900 – 1947). Höss was asked how it was possible to be directly involved in the deaths of over a million people without suffering emotional distress. Chillingly, Höss answered that he was merely following orders.

The process of the experiment was simple. Two participants, one who whom was actually a researcher, would draw to decide who would take the role of teacher and who would take the role of student. (The system, needless to say, was rigged to ensure the actual participant took the role of teacher). The teacher and student were then separated, and the teacher was taken to a room with an electric shock generator consisting of a row of switches ranging from fifteen to four-hundred-and-fifty volts.  Supervising the teacher was an experimenter in a grey lab coat (an actor in reality). Through the experiment, the teacher was to ask the student questions and administer an electric shock every time the student got a question wrong. As the experiment continued the student would deliberately give wrong answers. As the shocks got more and more severe, the student would scream and beg for mercy. When the teacher expressed concern, however, the experimenter would insist that the experiment continue. By the end of the experiment, Milgram had concluded that all participants would continue to three-hundred volts whilst two-thirds would continue to full volts when pressed.

The Nazis were able to create such obedience through a well-calculated propaganda campaign. Hitler outlined the principles of this campaign in Mein Kampf:

  1.  Keep the dogma simple. One or two points only.
  2.  Be forthright and powerfully direct – tell or order why.
  3.  Reduce concepts down to black and white stereotypes
  4.  Constantly stir people’s emotions
  5.  Use repetition.
  6.  Forget literary beauty, scientific reasoning, balance, or novelty.
  7.  Focus solely on convincing people and creating zealots.
  8.  Find slogans which can be used to drive the movement forward.

Similarly, Hitler’s speeches also followed a very specific and calculated formula:

  1. Hitler would unify the crowd by pointing out some form of commonality.
  2. Hitler would stir up feelings of fear and anger by pointing out some kind of existential threat.
  3. Hitler would invoke himself as the agent of a higher power.
  4. Hitler would present his solution to the problem.
  5. Hitler would proclaim the utilisation of the solution as a victory for both the higher power and the commoners.

In essence, the Nazi propaganda machine facilitated feelings of group identity and then used conformity to gain control over that group. They gambled that the majority of people preferred being beholden to a group than identifying as an individual.

If there is any lesson which can be derived from the Holocaust it is that the distance between good and evil is shorter than we like to believe. As clinical psychologist Jordan Peterson is fond of pointing out, if the Holocaust was perpetrated by ordinary people and you’re an ordinary person, the only logical conclusion is that you too are capable of horrendous evil. It is not enough to be critical of those in powers, eternal vigilance means being critical of our own need to conform and obey. Our freedom depends upon it.