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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 is our weekly theological article.
It is a common complaint of the media that criminals are not given an appropriately severe punishment. An article in The Express, SNP Plot to Scrap Short Jail Sentences Could See Thousands of Criminals Avoid Prison, argues that plans to introduce a “presumption against” sending people to prison will mean that thousands of people convicted of serious crimes will avoid prison. In another article, this time from the Herald Sun, prosecutors in Australia complained that the sentences criminals received were not in line with community standards.
Of course, this represents the common misconception, perpetuated by the media, that the judiciary exists to serve the standards of the community. It does not. Rather, the Justice System exists independently of both public opinion and politics. It bases its decisions on equality before the law and justice for all.
Much of the media’s rhetoric is designed to feed off of our very human desire for revenge based justice. When we read about a rape or child murder in our daily newspapers, often our first reaction is to wish all kinds of cruel and inhumane punishments to be exacted on the criminal guilty of those crimes. Our indignation turns us into barbarians, not civilised people.
In his encyclical, Dives in Misericordia, Pope John Paul II warns of how justice can quickly devolve into cruelty and hatred when it is not tempered by mercy:
“It would be difficult not to notice that very often programmes which start from the idea of justice and which ought to assist its fulfilment among individuals, groups and human societies, in practice suffer from distortions. Although they continue to appeal to the idea of justice, nevertheless experience shows that other negative forces have gained the upper hand over justice, such as spite, hatred and even cruelty.”
God tempers His divine justice with mercy. If He were to judge us purely on our thoughts and deeds we would surely be condemned to hell. But in his mercy and love for us, He allowed his only Son to suffer and die on the Cross so we may be freed from the shackles of sin and death.
St. Thomas Aquinas wrote, “mercy without justice is the mother of dissolution; justice without mercy is cruelty.” It is precisely this idea, that justice ought to be tempered by mercy, that should drive the way we treat those who have harmed us. As Isabella tells Antonio in Measure for Measure: “it is excellent to have a giant’s strength, but tyrannous to use the strength of a giant.” We should never forget that the person who has wronged us is a human being who is as loved by God and as deserving of His forgiveness as we are.