The Plank

Death Waits


Today, New Jersey became the first state to ban the death penalty since it was reinstated by the U.S. Supreme Court in 1976. In honor of the development, I wanted to link to this 1998 piece by Jonathan Rauch on uncertainty and the death penalty, which is among the most thoughtful essays I can recall ever reading on a matter of public policy:

In 1868, John Stuart Mill rose in Parliament to make the
case for death as eloquently as human words permit. ''Does fining a criminal
show want of respect for property, or imprisoning him, for personal freedom?
Just as unreasonable is it to think that to take the life of a man who has
taken that of another is to show want of regard for human life. We show, on the
contrary, most emphatically our regard for it, by the adoption of a rule that
he who violates that right in another forfeits it for himself, and that while
no other crime that he can commit deprives him of his right to live, this


Three-fourths of the American public shares Mill's moral
intuition; and, for what it's worth, I share it, too. The picture of Timothy
McVeigh living to a ripe old age, watching television every night and smelling
the new-mown grass every spring, makes me cringe. The prospect of McVeigh
assuring us in 20 years that he deeply regrets the error of his youth strikes
me as revolting, when I think of the 168 people whose moral journeys he ended.


However--the big however. Mill recognized ''one argument
against capital punishment, even in extreme cases, which I cannot deny to have
weight. . . . It is this--that if by an error of justice an innocent person is
put to death, the mistake can never be corrected; all compensation, all
reparation for the wrong is impossible.''


If you think that executing McVeigh, or anybody else, is
unjust, then you know what you think about capital punishment. But if you
believe, along with me and Mill and the American majority, that capital
punishment is just, at least for heinous killers, you must still advance to the
next question. What if we kill the wrong person?

Read the whole essay here.  

--Christopher Orr

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