Unit 1012 Cover Photo

Unit 1012 Cover Photo

Thursday, August 23, 2012

MY RESPONSE TO ‘THE DEATH PENALTY FOR CAPITAL PUNISHMENT'


I would like to respond to Katrine Carstens article on 22 August 2012, ‘The Death Penalty for Capital Punishment’. I respect her opposition to the death penalty but I totally disagree with what she wrote.

Reintroducing the death penalty would serve only to fester societal hate and create yet more victims rather than be the answer to violent crime.

Rebuttal: Reintroducing the death penalty will put more terror into the hearts of evildoers, provide justice for the victims and their families and protect the law abiding citizens from more harm and danger. Lord Chief Justice Rayner Goddard, Immanuel Kant, Jean-Baptiste Alphonse Karr, Sir James Fitzjames Stephen, Alex Kozinski, Chalerm Ubumrung and Lech Aleksander Kaczyński will want to retain the death penalty in their country.

Although difficult to quantify in monetary terms, another facet to this is the potential value these inmates could have to society through education of young offenders on a possible road to serious crime and possible work with the families of their victims in an attempt to heal through reconciliation and forgiveness. This is called restorative justice and US organisation Journey of Hope perform a lot of work in this area.

Rebuttal: On 25 June 2012, the SCOTUS has banned life without parole for juveniles, if someone commits murder under the age of 18, he can be free from prison in the future. Yamaji Yukio is a great example. I know that in this world there are murdered victims’ families against the death penalty; they are only notable and rare. I respect their decision to oppose capital punishment but I strongly denounce their attempts to ask for a worldwide abolition of it. Although I agree with them in being able to forgive their loved ones’ killers, which is the right thing to do, I disagree when they say that the death penalty is nothing but revenge. Please see more here.

On the other side of the argument, there is deep concern about the effect this outpouring of animosity is having on society, and in particular, on young people. Mahatma Gandhi’s wise words that: “an eye for an eye makes the whole world go blind” resonate. At what point does the hate have to stop before it brutalizes society, turning it into a vortex of violence? George Bernard Shaw succinctly said: “It is the deed that teaches, not the name we give it. Murder and capital punishment are not opposites that cancel one another, but similars that breed their kind.”

Rebuttal: Kulwant Ghauri was quoted in the Arab News: “Those who often quote Mahatma Gandhi's observation that “an eye for an eye will make the whole world blind” must tell us where it will lead us if such criminals are left unpunished? Beheading murderers and rapists publicly serves as a deterrent to would-be criminals, whatever may be the arguments of the human rights activists against the capital punishment.”


Another pro-argument is that capital punishment is a deterrent of violent crime. Yet there is insufficient evidence to prove this claim. In U.S. states where there is no capital punishment, crime rates are lower than in states where the death penalty still exists.

Rebuttal: There are more than 17 studies that prove the deterrent effect of capital punishment in the United States of America. States that had abolished the death penalty may see an increase in the homicide rates, just look at Illinois today (even police find it problematic too) and at the same time, killers have chosen West Virginia to commit murders as there is no death penalty there. The death penalty does not show an overall deterrent effect as it is seldom used in the USA. Swift and sure executions will deter for sure, read Tariq A. Al Maeena’s article. 

That execution of the offender is a healing factor for the families of victims is another widespread belief. Whereas this is a complex and deeply personal matter, in many cases it makes things worse for the victim’s family with conflicting emotions digging their grief up all over again, often many years later by the time the execution takes place. Murder Victim’s Families for Human Rights , a non-profit US organisation, state on their homepage: ‘The assumption that all victims’ families favor the death penalty is so entrenched that families who oppose the death penalty sometimes experience discrimination within the criminal justice system.’ That the death penalty creates yet another family of victims – that of the offender – is an additional adverse factor, often overlooked.

Rebuttal: Please see the response to Murder Victims’ families who are against the death penalty.

At the same time, do hear from murder victims’ families who support the death penalty.  From the Pro Death Penalty Quotes website:











Ask the following people what they have gone through:
1. Family members of Holly Carol Washa
2. Tumini
5. Family members of Dawn Marie Garvin
8. Parents of Jennifer Cardy
12. Family members of Jamie Bulger and and Moosa Mukhtiar Ahmed
13. Pam Braun
16. Family members of Tracie Joy McBride
18. Anthony Sowell’s victims
19. Loved ones of Officer Mark MacPhail

20. William Petit and his family
21. Survivors of the 2012 Aurora shooting in Colorado

It is prudent to remember some of the massive miscarriages of justice in Britain that would have ended up with innocents losing their lives, had the death penalty not been abolished by then: The Guildford Four were convicted of murder and other charges in 1975, sentenced to life-imprisonment. In 1989 new evidence came to light rendering their convictions “unsafe and unsatisfactory” and they were released. The case of the Birmingham Six followed a similar path, with their release in 1991.

Rebuttal: Misdirection! The death penalty was not available! If it had been it maybe that the standard of proof would have been insufficient for a jury to find them guilty! And they might not even have spent time in prison at all! You just never know!

Given the wrongful conviction, the justice system might learn from that mistake to prevent the wrongful conviction of another. Like Chairman Mao Zedong once said, “One cannot advance without mistakes... It is necessary to make mistakes. The party cannot be educated without learning from mistakes.”

The death penalty was available under Federal law in the USA but the Buffalo Six (a group of six Yemeni-American childhood friends who were convicted of providing material support to al-Qaeda, based on the fact they had attended an Al Qaeda training camp in Afghanistan together in the Spring of 2001.) were not sentenced to death. I don’t think those miscarriages of justice in the UK will result in executions. 

Whereas public support for capital punishment has fallen over the last few decades, polls such as MORI and Angus Reid still report a slight majority of the UK public in favour of re-introducing the death penalty, especially for the murder of infants and police officers. How much of this is due to beliefs based on misunderstood facts and how much is genuine support for this cruel punishment is unclear.

What is certain is that having the debate is crucial to raise public awareness and hopefully put to rest some of the myths surrounding this issue. Reprieve have a comprehensive information guide on their website for those who want to learn more.

Rebuttal: Reprieve is not telling you that without the death penalty, more innocent people will die.

I quoted two paragraphs from Conservative British Journalist, John O’Sullivan in his article on Tuesday 27 March 2012, European Dignity, American Rights: Outlining a debate on capital punishment.

More recent figures from the British Home Office show that, between 1997 and 2007, no fewer than 30 murderers committed a second murder when they were either on parole or had served a custodial sentence and been released. That translates into about 150 innocent victims of second-time murderers in a population of U.S. size — and somewhat more in a population of the size of the entire EU.

These victims go unmourned by bien pensant opinion. In the British debate on capital punishment, we hear constantly — and rightly — about the two men executed in the 1950s for murders of which they are now considered wholly or partly innocent. But we do not even know the names of the 30 victims of our abolitionist penal policy over the last 15 years.


A fitting way to conclude is perhaps in the words of someone very close to the issue. Britain’s last hangman, Albert Pierrepoint, who hanged 435 men and women said at the end of his career: “I have come to the conclusion that executions solve nothing, and are only an antiquated relic of a primitive desire for revenge.”

Rebuttal: I favor getting a Saudi Arabian executioner or a firing squad if nobody wants to do the hangman’s job.

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