Thursday, February 23, 2006

DEATH PENALTY AND DISCOMFORT





Recently, an execution of a man who brutally raped, stabbed and strangled a young woman 20 years ago, was postponed because the governor of California wanted to make sure that the man being put to death for a heinous crime, does not suffer any pain or discomfort while being put to death by lethal injection.

The governor asked a doctor (Anesthesiologist) to monitor the administration of a sedative to the criminal and to attest that the sedative worked (no pain) before the lethal cocktail was injected. The doctor in the execution chamber refused citing professional conflict (Oath to save lives, etc……).

I agree with the doctor’s decision but I have trouble with the whole concept of sparing the criminal any discomfort or pain; if you are putting him to death (the ultimate discomfort) why should you worry about a little pain.

The eighth (8th) Amendment to our Constitution, based on the English Bill of Rights (1689), prohibits “cruel and unusual punishment”. OK, I can see that but the interpretation of cruel and unusual has me baffled.

First, let me say that I have always agreed with the death penalty for deserving crimes. My views have been somewhat tempered by the fact that many men on death row were shown to be innocent by DNA technology. I have also been convinced that federal, state, county, etc. prosecutors do not give a shit if someone is guilty or innocent. Cases have shown where prosecutors as well as police officials have lied and framed innocent people JUST TO GET A CONVICTION AND CLOSE THE CASE. The more cases closed, the sooner they can run for governor.

The reality of our legal system should sober everyone up as to the reality of the death penalty – we should be ABSOLUTELY, 100% SURE OF A PERSON’S GUILT. I do not know if we are at that point yet.

There are cases where the state is 100% sure of a person’s guild. The California case is just such a case.

I feel that trying to prevent ANY DISCOMFORT before killing someone has entered the absurd state. Shooting someone in the back of the head would spare the person any and all discomfort – death would be instantaneous – why don’t we do that?.

I guess my problem here is not the method of execution but the caring for the welfare of the crime perpetrator. he obviously did not care about the discomfort of his victim or the discomfort (forever) of the victim’s family. Why in the hell should he be afforded such consideration? Let me know.

Janusz

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