Thursday, September 22, 2011

Thurvey 9/22/2011. Just one question, and its not much fun

I am a criminal defense attorney. From time to time I represent someone who is accused of the premeditated intentional killing of another person who presents no immediate threat of serious injury or harm to another. Sometimes we call that murder.

Other times we call it capital punishment, or execution by the State.

If you have read this blog for a couple of years, you know that I am opposed to capital punishment. See That's Why I Cry. Or This One's for Billy Ray or Dead Man Walking.

But I know many people are in favor of it, some of whose judgment in other matters I respect.

When I defend a person accused of intentional killing, one of the defenses is justification. Self-defense. Defense of another. Another area of defense goes to the defendant's mental state, lack of the mental ability to form intent or mental illness sufficient to affect the ability to discern right from wrong or resist the compulsion to do wrong.

Under its own definitions the State is committing murder when it executes a convicted person. It just excuses itself by a statute that makes it alright.

So, since it is Thursday, I would like to pose one Thurvey (Thursday survey) question.

What are the reasons to continue the practice of capital punishment? Or what are the reasons to put an end to it?

Comment if you wish and I wish you would. I do not understand the value of this ancient and barbaric practice. But maybe I'm missing something.

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2 comments :

  1. If you are missing it then I am in good company. I don't understand it either.

    ReplyDelete
  2. It's like hitting a child because he hit his brother. What does that teach? It's ok to hit as long as you are bigger than the other person? The other problem I have with the death penalty - if a person is sentenced to life and evidence comes up to clear that person he can be released. After you have killed him what do you do? Oops, sorry we were wrong - our bad?

    ReplyDelete

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