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March 18, 2005

Digby on Eugene Volokh and Captial Punishment

Digby has some similar views as I have on capital punishment, only he writes gooder than I do.

His post references Eugene Volokh's barbaric views on a serial killer in Iran that was brutally executed.

It’s not really all that surprising. We have been leaning this way for a while with our move away from the idea of dispassionate justice to revenge. Listening to the inescapable rundowns of the Peterson verdict yesterday, I was struck as I often am by the sarcastic angry tone of the victim’s family in front of the cameras just as I’ve often been struck by the spectacle of the families inside the courtroom when they get their chance to confront the perpetrator in the penalty phase. It’s not that I blame them for feeling such rage. But I find it very disconcerting that our justice system believes that this revenge and catharsis should be part of the judicial process itself. Justice is supposed to be blind. Or so I thought.

I don’t believe in the death penalty because I think that the only justification for killing is self defense and when someone is locked up forever that is protection enough from their depredations. But I’m beginning to wonder if accepting the death penalty as we have presents another problem. So much focus is placed on the feelings of the victim’s families these days that I think we may have lost sight of the fact that there can be no recompense for the loss of a loved one. Therefore, the death penalty can never really be enough to satisfy the need that we are trying to make it satisfy.