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Should we still use the death penalty anywhere in the US?

Even the family of one of the Boston Bomber’s victims, an 8 year old boy, asked that the death penalty not be used.  Usually, the conservative elements in American support the death penalty.  Here’s an interesting argument against the death penalty from a famous conservative, columnist George Will.  http://www.startribune.com/watch-the-death-penalty-wither-away/304492391/

After working almost 40 years in the criminal justice system, I agree (Minnesota doesn’t have a death penalty) with George Will because:

1.  It represents government intrusion into our lives (I hadn’t thought about this) that conservatives don’t like.

2.  The death penalty can’t be reversed.  We all know how government can screw-up things, plus our justice system is not perfect.  Think of how horrible you’d feel if you were innocent but had been wrongly convicted—and now faced the death penalty.

3.  The death penalty isn’t a deterrent to crime.  George Will’s point is that after years of appeals, when the execution finally occurs, it’s too late to deter anyone.  I’d add that, from my years working with criminals, the penalty is seldom a deterrent to many crimes.

Why?  Most violent crimes are committed under the influence of alcohol and/or are crimes of passion—drunk man gets furious with wife and kills her.  In none of these instances do the criminals consider the possible penalty.

4.  But what about horrible crimes like the Boston Bomber where he and his brother planned this for weeks?  Wouldn’t the death penalty deter these types of crimes?  No.  Because these kinds of criminals either think they’re too smart to get caught or they don’t care if they’re caught and executed.

5.  What about the victims?  I worked with many victims when I was a prosecutor.  Of course, they want justice—but that can take many forms.  Some would like the death penalty and some want to forgive the criminals.  The problem with the death penalty is that it takes so long to carry out that the benefits of swift punishment and justice are lost.  Consequently, victims must re-live the events for years, waiting for closure.

What do you think?  I know many of you have strong opinions—what are they???

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I practice in a state that doesn’t have the death penalty.  But one of the reaons people who support the death penalty give is that it deters crime.  That it causes criminals to consider the penalty before committing horrendous crimes.

From my experience, that’s wrong.

1.  Almost 100% of criminals don’t think they’re going to be caught.  They may know about the possible penalty, but it doesn’t affect them since they’ll never face the death penalty anyway.  They believe they’re too clever to ever get caught.  If you don’t think you’ll get caught, why would a criminal consider the penalty?

2.  Most criminals have a personality type that is opposite of neurotic.  They rarely take responsibility for their actions and don’t worry what others will feel or think about the criminal’s behavior.  In addition, they don’t consider the future.  They only live and think in the moment.  Consequently, no matter how serious the threatened penalty, most criminals just don’t consider it.  Even if caught, convicted, and sentenced to the death penalty, it’s so far in the future from their moment when they commit the crime, it’s irrelevant for them.

3.  Chemicals play a huge role in crime.  In my experience, the majority of crimes are committed under the influence of alcohol.  Someone gets drunk, for instance, gets in a fight, and kills the victim.  Of course, a few crimes are done by “professional killers” who are doing a job.  But most crime is the result of being drunk.  A person who is drunk won’t rationally consider the consequences of their actions.  In their rage or frustration, the last thing that goes through their mind is the possiblity of the death penalty.

For all these reasons, I don’t think the death penalty deters crime.  I’m sure many of you have your own opinions—let me know what you think!

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As I wrote earlier, this is a tough defense to be successful.  James Holmes is essentially saying that he did the act, but his mental state was such that he couldn’t understand what he was doing and that it was illegal.

Within this week, his lawyers are now saying that he will plead guilty to second degree murder instead of what he’s charged with—first degree murder.  The difference between the two is premeditation.  Second degree murder is usually defined as the unlawful taking of a life by intentionally doing it.  First degree murder is intentional but also carries the requirement that the act is premeditated—something that appears to be pretty obvious when James Holmes prepared for the slaughter and heavily armed himself.

The biggest aspect for Mr. Holmes is the death penalty.  Apparently, in Colorado, people convicted of first degree murder are subject to the death penalty; second degree murder is not.

Here’s my problem with this:  if Mr. Holmes was so mentally ill as to not be able to comprehend that his actions were illegal, how can he now plead guilty to those acts?  If he pleads guilty, he has to say that he knew what he was doing and knew that it was illegal.  I don’t know if his lawyers are crazy or Mr. Holmes is crazy.  It’s quite unusual to try to assert both defenses.

Has someone pleaded guilty to avoid the death penalty before?  It’s happened often.  One of the most celebrated cases occurred in Minnesota in the 1800’s.  The outlaw Jesse James and his gang robbed a bank in the small town of Northfield, Minnesota.  They got the money but as they were coming out of the bank, the town had armed themselves and shot-up the gang pretty badly.  Jesse James and his brother Frank got away.  Their sidekicks, the Younger brothers, weren’t so lucky.  Cole Younger was captured and charged with first degree murder for killing the teller inside the bank during the robbery.  He pleaded guilty to second degree murder to avoid the death penalty (then in existence in Minnesota.  It’s since been abolished)  He lived out the rest of his sentence and was finally released in the 20th Century.

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