Put this bill on death row!

The difference between you, me, Microsoft and the government is that only the government can legally use force to accomplish its ends. This is why when you and I have a dispute, we go to court (the government) to settle it. For only the government can force you to submit to the judgement (I win of course because I’m always right).

Because the Government is the only entity that can use force, it attracts people who want to use force to achieve their ends. These are not the kind of people who are looking to provide Justice. Just ask the Duke Lacrosse team. Or Corey Maye.

There is bill that was introduced in the General Assembly yesterday, HB 185. This bill must die! The basic jist of the bill is to make it easier for a jury to sentence someone to death. Current law requires 12 jurors to unanimously decide to sentence someone to death. HB185 would change that to 9 jurors. This bill lowers the bar for the one act Government can do that is irreversible – take a person’s life.

Now, I’m not against the death penalty per say. I do believe that its value in the criminal justice system is mostly theatrical. When gangsters in Chicago have a shorter life expectancy on the street than on death row – I don’t believe its a deterrent. Also, the multiple layers of appeal that any capital case undergoes weakens the deterrence argument. So for the run-of-the-mill murders, I don’t see value in the death penalty. Its political theater.

There are cases where the evidence is over whelming, and where the death penalty is appropriate. The recent execution of Saddam Hussein, or the Nuremberg Trials are fine examples. However even in cases of genocide the value is diminished by the lengthy legal wrangling. Slovidan Milosevic died in his bed while awaiting trail in The Hague.

Both the left and the right have gotten this issue wrong. I suspect that is their goal. The Death Penalty, like gay marriage, abortion and Sunday sales makes for good political theater. Flashy stuff that makes for good sound bites that everyone can understand, but distracts the public from the real issues. Call it Legislative misdirection, to borrow a term from the magician’s trade.

We need the death penalty, but we need to set the bar higher. Saddam, Ted Bundy, Brian Nichols. Once we sentence someone to death, it should immediately be reviewed by the US Supreme Court, and then execution delivered with in 24 hours of that review. Ideally, I’d like to see double jeopardy revised to have any death sentence re-tried in a different state with different counsel, judge and jury.

HB185 goes the wrong way and should not be made law.