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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.
This week for our cultural article, we will be examining Rembrandt’s (1606 – 1669) 1642 painting, “The Night Watch.”
“The Night Watch” represents a style of painting that was unique to Holland and the northern Netherlands during the 17th century: the Schuttersstuk. Furthermore, Rembrandt’s rendition is, in and of itself, a highly original rendition in that it does not rely upon the typical rows of figures common to the style. Instead, Rembrandt’s painting featured animated subjects engaged in the various duties and responsibilities of the Civic Guard.
Painted using oils on a 142.9 by 172.0-inch canvas, “The Night Watch” is Rembrandt’s largest painting. Despite its title, the painting is actually set during the day. The reason the painting’s background looks so dark is that the varnish Rembrandt used darkened over the years. It was restored to its original glory in the 1940s, but the name “The Night Watch” stuck. On a side note, it is interesting to observe Rembrandt’s well-known use of the technique ‘chiaroscuror’ (Italian for ‘light-dark’) which uses light and dark to create dramatic contrasts and a sense of three-dimensionality.
Painted during the Dutch Golden Age, Rembrandt was commissioned to create the painting by the Kloveniersdolen – the guild hall of the Amsterdam Civic Guard Company of Musketeers. In the Netherlands, Civic Guardsmen were tasked with the defence of their cities, the maintenance of law and order, firefighting, and forming a strong presence during festivities and parades for visiting royalty. Each company of Civic Guardsmen had its own guild hall decorated, according to tradition, with group portraits of distinguished members. These portraits were designed to evoke a sense of affinity between the members of the company and asserted their power and status within the cities they protected.
At a security conference in Germany, the former British Prime Minister, David Cameron, condemned multiculturalism as a failure. He stated: “we need less of the passive tolerance of recent years and much more active, muscular liberalism.” In a similar statement, the French president, Nicolas Sarkozy, also condemned the doctrine of multiculturalism. Sarkozy told the French people: “we have been too concerned about the identity of the person who was arriving and not enough about the identity of the country that was receiving him.” In recent years, the Western nations that have preached multiculturalism and diversity as bastions of peace, tolerance, and diversity – Great Britain, France, Germany, the United States – have been the primary targets of radical Islamic terrorism.
Progressives like to believe multiculturalism and diversity create harmonious and peaceful societies. When, in reality, it creates division. Telling newcomers that they do not have to assimilate into their adopted culture fosters tribalism: Irish form communities with fellow Irish, Muslims form communities with fellow Muslims, Japanese form communities with fellow Japanese, and so forth. As these cultures, especially those lacking the fundamental roots and beliefs of their adopted countries, compete for supremacy, they inevitably conflict with one another. So, whilst Germanic and French cultures may be able to live harmoniously thanks to their shared Christian heritage, the same cultures would not fare as well if they were expected to co-exist with a culture whose central tenants are profoundly different.
Why am I harping on about the inherent faults in multiculturalism and diversity? It is because I believe we have created the greatest culture mankind has ever seen: a culture that has produced Shakespeare, Mozart, Voltaire, Plato, Aristotle, John Locke, freedom and democracy, the television, the I-Phone, the movies, free market capitalism, Van Gogh, Da Vinci, Einstein, Newton, Mary Shelley, the Bronte sisters, and more. And I believe it is a culture worth protecting. And how do we protect it? We start by protecting the very things that have made the West so great in the first place: Christianity, an adherence to truth and a deep esteem towards the logos, the supremacy placed on individual rights and liberties, the free-market place of ideas and commerce, Small Governments, and political freedom.
Moral and cultural relativism is being used to tear down and replace the existing social order. When the Mayor of London, Shadiq Khan, is able to state “terror attacks are part and parcel of living in a big city” and young German women are able to hold signs proudly proclaiming “will trade racists for rapists” unopposed, it is clearly time for certain ideas to go away.