This week has been a big week for the US Supreme Court. Because they are leaving for a recess, I’m sure they were trying to release a lot of major decisions. Before they defined the 2nd Amendment, The Court spoke out on the capital punishment and when it’s an appropriate punishment.
As a pretty liberal Democrat, I have a hard time with the death penalty. Yes, I do realize that cretins walk among us and commit heinous acts against others. And DNA testing has made charging and convicting the right person more accurate, therefore, lessening the chances of the wrong person going to prison or being executed. On the flip side, I know that executing the criminal doesn’t bring solace for the family. Most don’t feel any better about watching someone else die. In addition, it costs more for the criminal to go through the entire appeals process than to live out their remaining days in jail. That’s if you factor in all of the costs… lawyer fees, the judge’s salary, the cop’s salary, etc. I do realize that could be an argument for not giving the convicted as many accused, but through those appeals, it has been discovered that our judicial system has put innocent people on death row. Check out the Innocence Project at http://www.innocenceproject.org/.
On June 25th, the Supreme Court Justices were called to make a decision on whether the death penalty should be used in cases involving the rape of the child. In a 5-4 decision, they stated that capital punishment should strictly be used in cases of murder and crimes against the state (treason). This decision followed the precedent set in a case from 1977 where the death penalty could not be applied to a rape case where the rape was of a 16 year old girl.
The responses I read to this opinion were appalling. Some people were wishing that the Justices own children would experience being raped so that the Justices could then make a more informed decision. Others said that if the courts were unable to provide the “justice” they felt was appropriate, that they would take matters into their own hands. Even the presumed Presidential nominees, John McCain and Barack Obama, spoke out about this ruling.
First of all, all judges serve the Constitution, be it the State Constitution and/or the Federal Constitution depending on their office. Also, the opinions they render are supposed to remain free from personal opinion and judgment. Yes, I realize this is a slightly utopian idea, however, it is what our judges must strive for, impartiality. Otherwise, no one would get a fair trial in this country. Plus, how reprehensible is it to wish something as tragic upon any child?
Second, though it’s not always perfect, the legal system is set in place and vigilantes who take justice into their own hands prevent the defendant of due process. As a society, we have to trust the system, even with its imperfections, because it’s the only thing we have bringing us one step closer towards fairness… towards justice.
I think the Justices were forced to make an unpopular decision. This case split the liberal and conservative justices, but one that also swung Justice Kennedy—a justice who has sided with the conservative Justices lately but one who is an independent Judge. Do I think that the rape of a small child is one of the most despicable things I have ever heard of, yes. But this time, I think the court got it right.
As a pretty liberal Democrat, I have a hard time with the death penalty. Yes, I do realize that cretins walk among us and commit heinous acts against others. And DNA testing has made charging and convicting the right person more accurate, therefore, lessening the chances of the wrong person going to prison or being executed. On the flip side, I know that executing the criminal doesn’t bring solace for the family. Most don’t feel any better about watching someone else die. In addition, it costs more for the criminal to go through the entire appeals process than to live out their remaining days in jail. That’s if you factor in all of the costs… lawyer fees, the judge’s salary, the cop’s salary, etc. I do realize that could be an argument for not giving the convicted as many accused, but through those appeals, it has been discovered that our judicial system has put innocent people on death row. Check out the Innocence Project at http://www.innocenceproject.org/.
On June 25th, the Supreme Court Justices were called to make a decision on whether the death penalty should be used in cases involving the rape of the child. In a 5-4 decision, they stated that capital punishment should strictly be used in cases of murder and crimes against the state (treason). This decision followed the precedent set in a case from 1977 where the death penalty could not be applied to a rape case where the rape was of a 16 year old girl.
The responses I read to this opinion were appalling. Some people were wishing that the Justices own children would experience being raped so that the Justices could then make a more informed decision. Others said that if the courts were unable to provide the “justice” they felt was appropriate, that they would take matters into their own hands. Even the presumed Presidential nominees, John McCain and Barack Obama, spoke out about this ruling.
First of all, all judges serve the Constitution, be it the State Constitution and/or the Federal Constitution depending on their office. Also, the opinions they render are supposed to remain free from personal opinion and judgment. Yes, I realize this is a slightly utopian idea, however, it is what our judges must strive for, impartiality. Otherwise, no one would get a fair trial in this country. Plus, how reprehensible is it to wish something as tragic upon any child?
Second, though it’s not always perfect, the legal system is set in place and vigilantes who take justice into their own hands prevent the defendant of due process. As a society, we have to trust the system, even with its imperfections, because it’s the only thing we have bringing us one step closer towards fairness… towards justice.
I think the Justices were forced to make an unpopular decision. This case split the liberal and conservative justices, but one that also swung Justice Kennedy—a justice who has sided with the conservative Justices lately but one who is an independent Judge. Do I think that the rape of a small child is one of the most despicable things I have ever heard of, yes. But this time, I think the court got it right.
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