Subject: Re: The Pro-death penalty argument
X-Listprocessor-Version: 6.0 -- ListProcessor by Anastasios Kotsikonas
X-Comment: The Transnational Radical Party List
Let's run this by one more time. Dorry esq. [BTW for British or
European readers: "esq." is not an indication of social rank in
America; quite to the contrary, it indicates that the person is
a lawyer] complains that others have ignored his arguments and
have made unsubstantiated claims and then goes on to say that
capital punishment is a deterrent if it's applied appropriately, or
words to that effect (sorry, I deleted the original).
The qualification is the whole problem. For example, in early
nineteenth century England, there were over 100 capital crimes, including
stealing one shilling, a loaf of bread and picking pockets. Trials were
swift and hangings in London done publicly before big crowds at Tyburn.
Yet it was common for pick-pockets to work the crowds at Tyburn who were
watching a pick-pocket being hanged! One thing missing for deterrence
apparently was that apprehension was far from certain. (Indeed, even
stockbrokers at the time moonlighted as highway robbers at night).
Apprehension is also far from certain in America, especially in the inner
cities. In addition, a murder trial is a long and expensive process, as
Dorry, esq. must know. (And also anybody following the O.J. Simpson trial).
Now, in recent years, there have been one or two dozen executions in
America per year. At no time in our history has the number been more
than 200 in a single year. At present, (although exact figures are
hard to come by) there are probably about 5,000 people convicted of violent
crimes who are as deserving of the death penalty as the one or two dozen
executed in a given year. Two things follow at once: as a violent criminal
must realize, the chances of his being executed for his crime is quite small,
and, for CP to be a deterrent, the execution rate must be dramatically
higher than at any time in our history, perhaps close to 5,000 per year.
The chances are that large increases in the number of executions will
be deeply offensive to people in our society before they become high
enough to be an effective deterrent, so that the high rates Dorry demands
are unlikely as long as we remain a free and democratic nation; I agree
that the mere existence of CP at the present rate does not significantly
"brutalize" the society; 5,000 per year might well do so. Equally likely
is that a high rate of executions will give the criminal an incentive to
kill any potential witnesses to his murder, since he has nothing to lose.
(This was true for example in the Japan of the 1920's--since the penalty
for burglary was death, it was extremely dangerous to run into a burglar
in your home).
Now Dorry's claim that all violent crimes in America are done by blacks
is obviously false. What is true is that centuries of racism have put
a disproportionately large number of blacks into an environment of
destitution; especially outside the South, mostly in inner cities. This
vicious cycle cannot be cured over night, and we've never tried very
seriously to break it, but propose instead to try even less hard and
rely on harsh punishment instead for our safety and standard of living.
But this is unlikely to work. For those brought up in destitution in
the inner city, what reading and math skills they may pick up in their
miserable schools before dropping out are minimal. As a result, they
are virtually unemployable, even at minimum wage. In these circumstances,
a life of crime is a rational career choice. Arrest and prison, or
execution is a hazard of the trade, but an acceptable one, especially
for young men, whose aggressiveness is a condition of survival in the
gang-ridden inner city. Our legal system, like our tax system is
predicated on voluntary compliance by most people. It was not designed
for, and cannot handle, massive violations. In practice, therefore,
the costs of being caught are deeply discounted: to break the log-jams,
plea bargains are common, as well as early releases to make way for
new convicts. And the chances of there ever being enough police to
apprehend all offenders *where they are needed*, given any existing
or proposed legislation, are remote indeed.
In fact, merely removing "predators" from the street does little to
decrease the rate of predation; they will be quickly replaced by new
ones filling their niche. What you have to do is remove their habitat--
in other words, get serious about attacking poverty and the environment
it creates at its roots, and all our expensive feel-good measures, the
crime bills, more laws in more states providing for CP, the war on drugs,
do not adddress the basic problem, are unlikely to work and take away
money and energy from the task of attacking poverty. Instead, how
do we propose to save money? Cut out welfare (1% of the budget) or
related programs such as head start (2%). But what about subsidies
to the wealthy, e.g. agribusiness, savings & loan, or say veteran's
entitlements, where the big bucks are? The gap between rich and
poor is increasing, and that is the real threat to society, as
even *Business Week* admitted a few months back.
Yes, we can make our streets safe. We can follow the Western European
model. (Granted, years of neglect give us a disadvantage, and racism
has kept a disproportionate number of blacks and latinos in destitution,
but even Johnson's quite modest war on poverty resulted in the lowest
poverty rate before or since the time it was dismantled). We can follow
the example of Nazi Germany, but only at the expense of what is best in
us and our society. More likely we'll follow the siren call of whoever
promises the latest cosmetic but ultimately worthless remedy (as Newty
is doing right now). And have the worst of both worlds.
While we take money from the politically powerless and give it to
the rich and powerful, or throw it at boondoggles which promise
tough measures while crime increases, we are postponing the day
when we may truly build a humane society, with liberty and justice
for *all*.
--Craig Harrison, San Francisco
