Thursday, September 22, 2011

Georgia triumphs and we all lose

This will be a cultural issue and a rant. It dips into a political realm and how our country has divided itself; so if that is bothersome, come back another day as I need to write about it because another of our country's cultural dichotomies just slammed me in the face when I got up this morning and read the online papers.

Here's the thing. How can one group of people say government cannot do anything right and turn around and defend the right of a government process to execute anybody through a jury trial? If that makes sense to you, you are a right winger and further right than you maybe admit.

Having served on a felony jury trial this summer, I learned some things that come home to you more when you do something than when you read about it. You, the jury member, do not get all the evidence or all you might want to know. During the trial, you cannot raise your hand and say, how reliable is this witness? You cannot ask if there was a deal cut to shorten one person's sentence to insure that another is found guilty. You do not know everything; but you must find a verdict and it is a heavy weight that you have to do with those limitations. A death penalty case would have to be many times harder.

Now the state of Georgia and our Supreme Court have basically decreed that the jury system is perfect and it doesn't matter if new evidence arises as it did with Troy Davis, as seven witnesses recanted and there never was any solid evidence against him. Never mind that. The government process must be protected.

Okay, I understand their logic, those who believe government is perfect and it must be protected, in a tragic sort of way. It causes me to nearly cry when people cheer at death row executions or when I read that Troy Davis said with his last words that he was innocent of this crime, which he has said all along he didn't do. Even the jury has said they'd find a different verdict today than they did back then. The main remaining evidence is the word of a man who admitted to someone else later that he did the shooting. It does not matter because Georgia did justice; but explain to me how the same people who would cheer that fact are the ones who don't think government can do anything right. Does that make sense to you?

If you read anything about this case or heard what Rick Perry said in one of the debates about his having no doubts at all about executing people based on a government system, you know that as with many other moral dilemmas in this country, logic is thrown out the window. I am trying to understand what we are getting in exchange and that makes me want to cry all over again.

The family of the slain police officer wanted closure and they wanted Troy Davis executed for the murder of their loved one. Well what if they didn't get justice? What if they still have the murderer out there, a man who has threatened the person he told he did it? That family was grieving still; but the nation, our system of government, should have had more ability to use logic and decide that keeping a man in prison for life gives an opportunity to say you were wrong and have it mean something.

I actually pity the ones who sent Davis to death, despite the changing stories of the witnesses, because someday they'll have to deal with what they did. They will have to recognize it. These are the same kind of people who yelled they wanted Jesus executed to protect their system of government. Do they understand that?

The people as in the whole of the government should rise above that. Government is not inviolate. It can make mistakes. I don't know what's wrong with a people who on the one hand say government is the problem and on the other hand say you have to say everything it does is perfect.

This is a dark day for our country and it is not just lefties who believe it. I read a very good piece by [Bob Barr] who is anything but a left winger where he made the case that this should not have been a death penalty verdict.

When there is doubt, and there sure was in this case, we should not be allowing anyone to be executed. There are other principles at play here, ones that those, who say government cannot do anything right, should be considering. This execution might or might not be an issue of race but how the death penalty is enforced is definitely one of class and economics.


I have supported the use of the death penalty in cases where there is no doubt as to the killer, where the slaying is particularly brutal or of many people but when there is no doubt. If we can't function better than this, I'll be signing petitions to end the death penalty because life in prison at least can say I am sorry.

Another piece I read later which added to the understanding: Execution in Georgia amounts to state sanctioned murder  Reading the comments below it, particularly from the right, adds to understanding how some see this.

8 comments:

  1. you have it exactly right, R. This was a very troubled case -- which is one reason I lean heavily toward abolishing the death penalty. The victim's family will discover -- as many others have -- that the execution of this man does not, in fact, bring closure.

    Our justice system is very imperfect -- we want it to work perfectly but it never will. It is better than most, but still imperfect.

    Putting to death even one innocent man is too much. I wish we'd abolish the ultimate penalty and move on.

    ReplyDelete
  2. Our system operates in a manner far from the actual writing of the law. Rain is right about all deals, backroom fix-its and commercial swaps. Even though flawed, the system is also so corrupt at the highest level that none of us are safe. Now that we've had a high-tech lynching on the national stage and it blatantly involved the killing of an innocent man, the Roman arena is becoming American reality TV.

    ReplyDelete
  3. You said it all perfectly Rain. I don't understand anything about anything or anyone, anymore! It makes you crazy that these people speak two ways out of the side of their mouth, as the saying goes...I guess it is when it suits them and their rigid beliefs. It IS Sanctioned Murder. And THAT is Okay??
    God Help Us All!

    ReplyDelete
  4. I don't believe in the death penalty at all, because I don't believe the government has the right to take a person's life. That doesn't mean I haven't been happy to see that certain horrible criminals are no longer on this earth. But the vindictive side of me bows to the rational side of me, most of the time.

    ReplyDelete
  5. Taking the life of the wrongfully convicted murderer does not right the wrong. The dead can not be brought back by another murder of a the killer or innocent person. Taking the life of an innocent sends a bad message. Violence can fix the world and brings justice. Justice inflicted by government or self-rightious citizens is the correct path. JUSTICE IN OUR GOVERNMENT IS MEANINGLESS. The way of the rightist is clearified. The right wants to take the law in their own hands. The following conclusion from witnessing state sanctioned murder is an endorsement for anarchy. If the case involves hot issues, mob violence may be epidemic.

    ReplyDelete
  6. I am in agreement with the death penalty not working. Maybe it never can with humans being imperfect. I thought it could but the jury system we have is a long way from fair or inclined to get fair verdicts. It limits too much of what the jury knows. I never saw the death penalty as about vengeance. I saw it as a way to make sure someone didn't do it again having seen too many murderers get out on parole and do it again! The other problem we face is limited prison space for anybody which means it's not a merciful thing to provide as 'punishment' either. We have been farming a lot of it out in many states to private corporations and they have let some murderers escape. IF we don't get a handle on all the non-violent offenders in our prisons, which means drug offenders often, we will be in overload and not have room for anybody which happens now in some settings and they release some who should not be released. If the death penalty is not merciful as some might like, the prison system should be as an alternative and if neither are, then it's the lesser of evils.

    The case of Troy Davis was particularly egregious as he was clearly one where there was doubt and yet Georgia went ahead with it to keep their system going. The crowds cheering that are like those who demanded Pontius Pilate execute Jesus. They do it to protect their system both then and today.

    Given how it is being applied today, I would definitely sign a petition to end it but if we don't as a nation do it, we will have states in the South still using it to kill blacks in disproportionate numbers to the crimes. Check out the statistics. If we don't as a nation deal with it, it will be like Civil Rights where some places think the back of a bus is just fine.

    ReplyDelete
  7. One man was murdered and possibly two in the Davis case. I believe the death penalty should be discontinued and life without the possibility of parole used in capital cases. And consider this -if Troy Davis was innocent there is a murderer still out there !

    ReplyDelete
  8. I don't think there is anything that makes me sadder, or madder, than the death penalty. It is heart breaking to me that so many people think we need something so horrendous in order to have things like revenge, retribution, or even justice. There is no justice when it comes to the death penalty, and why revenge and retribution are thought of as good things is something I cannot comprehend.

    ReplyDelete