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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.
Senator John McCain has been diagnosed with primary glioblastoma, a highly malignant (cancerous) brain tumour. The tumour, which carries only a four-percent survival rate, was discovered during surgery to remove a blood clot in the eighty-year-old Senator’s brain.
The Mayo Clinic released the following statement in relation to the matter:
“On Friday, July 14, Sen. John McCain underwent a procedure to remove a blood clot from above his left eye at Mayo Clinic Hospital in Phoenix. On Friday, July 14, Sen. John McCain underwent a procedure to remove a blood clot from above his left eye at Mayo Clinic Hospital in Phoenix. Subsequent tissue pathology revealed that a primary brain tumour known as a glioblastoma was associated with the blood clot. Scanning done since the procedure (a minimally invasive craniotomy with an eyebrow incision) shows that the tissue of concern was completely resected by imaging criteria. The Senator and his family are reviewing further treatment options with his Mayo Clinic care team. Treatment options may include a combination of chemotherapy and radiation. The Senator’s doctors say he is recovering from his surgery ‘amazingly well’ and his underlying health is excellent.”
Similarly, McCain’s Senate office also released a statement:
“Senator McCain appreciates the outpouring of support he has received over the last few days. He is in good spirits as he continues to recover at home with his family. Senator McCain appreciates the outpouring of support he has received over the last few days. He is in good spirits as he continues to recover at home with his family in Arizona. He is grateful to the doctors and staff at Mayo Clinic for their outstanding care, and is confident that any future treatment will be effective. Further consultations with Senator McCain’s Mayo Clinic care team will indicate when he will return to the United States Senate.”
McCain, who endured torture during his years as a prisoner-of-war in Vietnam, has received prayers and well-wishes numerous people in both politics and media. President Trump issued a statement saying:
“Senator John McCain has always been a fighter. Melania and I send our thoughts and prayers to Senator McCain, Cindy, and their entire family. Get well soon.”
Ben Shapiro, conservative journalist and editor at large for the Daily Wire, referred to McCain as an ‘honourable man.’ Former President Barack Obama commented: “cancer doesn’t know what it’s up against”, whilst Steve Scalise tweeted that McCain was “one of the toughest people I know.”