Shoulda kilt 'em all

Remember when wilding was the new word to scare suburbanites? Remember the screams for revenge? The blood lust to execute these animals? They had gang-raped a passing jogger and beaten their identities out of her mind and into the umbra of amnesia.

Only they hadn't. The prosecution sent them to prison for something they didn't do.

With four other Harlem boys, all of whom refused plea bargains, he was convicted of attacking the jogger and sent to prison. More than a decade later, the convictions of all five were overturned. Another man — a serial rapist and killer who was unknown to any of the five — had convincingly implicated himself as the sole attacker of the jogger. DNA evidence backed his story.

I'm not attacking the prosecution. These five defendants confessed, although their confessions weren't really plausible. (Remember, the cops can lie to you when they interrogate you. They can tell you your confession will get you off with probation.)

Justice is hard. Even mere due process is hard. That's why I'm a skeptic about evidence - not a denier, I just need proof.

That's also one reason I'm against the death penalty.

Like Bolsheviks, Nazis, Viet Cong, and Khmer Rouge

The Taliban know that every girl who learns to think and every father who teaches his daughter to think, subverts  the backwardness and evil of fundamentalist Islam. Thinking is a threat to their fervently chosen ignorance. The Taliban are more than willing to kill in defense of their radical refusal to grow into liberal society.

Sirajuddin Ahmad, the spokesman for the Taliban in the Swat Valley, said that Ms. Yousafzai became a target because she had been “brainwashed” into making anti-Taliban statements by her father, Ziauddin Yousafzai.

“We warned him several times to stop his daughter from using dirty language against us, but he didn’t listen and forced us to take this extreme step,” he said.

Both father and daughter remain on the Taliban’s list of intended victims, he said.

This reminds me Kurtz's apologia in "Apocalypse Now":

I remember when I was with Special Forces... seems a thousand centuries ago. We went into a camp to inoculate some children. We left the camp after we had inoculated the children for polio, and this old man came running after us and he was crying. He couldn't see. We went back there, and they had come and hacked off every inoculated arm. There they were in a pile. A pile of little arms. And I remember... I... I... I cried, I wept like some grandmother. I wanted to tear my teeth out; I didn't know what I wanted to do!

Kurtz's eventual response was a descent into the heart of darkness, into monstrous depravity, into insane homicide.

What should our response be? Could we retain our moral character, retain our judgement, which Kurtz called our defeat, and nonetheless issue a secular fatwa that anyone who harms Malala Yousafzai or her father Ziauddin will be subject to a U.S. lethal finding?

Moderation needs space and time and tolerance to grow. Extremists of all stripes know this and murder moderates. Would it benefit moderates to exact a deadly cost from the extremists, or would it simply drive others into their arms?

America is already using drones for targeted assassination as a tool of war, if not statecraft, despite a long-standing inclination not to - in reaction to out-of-control spy agencies during the Cold War. Israel has used assassination. Killing the guilty, the enemy, the vicious murderer of your children has visceral appeal, and there's often no civil authority in these cases. Has that been for the good or the bad? It's hard to tell.

It's hard to imagine our government could responsibly manage vengeance orders, when it can't manage a just civilian death penalty. It can't even manage political asylum very well.

But I know that I wish Sirajuddin Ahmad dead. The shooters who have gravely wounded Malala, I wish dead. Their commanders, dead.

Traditional war-making has proven a very poor tool to accomplish those just deaths without a mortgage of further deaths uncounted. This reasoning is how liberals like me get to law as the best tool to accomplish punishment of the guilty. It lacks the immediacy of gunning down your enemies, but it lasts better.

Public domain photo from the Library of Congress, found here.

Rick Perry as Pontius Pilate

Not that Todd Willingham was Jesus, but he was murdered by the state of Texas after Gov. Rick Perry refused to reconsider debunked evidence and the conviction it led to.

Some of the harshest criticism in Baird's writing is directed at Perry. The governor's role in refusing to postpone Willingham's execution was closely examined by The Huffington Post during his presidential campaign.

"By 2004 there was no doubt that every single indication of arson had been debunked by the scientific community," Baird wrote. "This fact was staring Governor Perry in the face; nevertheless, he refused to grant a reprieve."

Perry has stood by decision when questioned previously about Willingham. His office didn't flinch from the latest criticism.

"Nothing the Austin court could have done would change the fact that Todd Willingham was convicted and sentenced to death by a jury of his peers for murdering his three daughters," said a statement from his spokeswoman Lucy Nashed. "He had full access to every level of the appeals process, and his conviction was reviewed and upheld by multiple levels of state and federal courts. ... The governor reviewed all of the facts of the case and agreed with the jury, and state and federal courts that Willingham was guilty."

The forms were obeyed - such as they are in Texas - so putting an innocent man to death is peachy. The Republican Party...

Full of passionate intensity

The virtue of faith:

So, sadly, I don't think the execution of Troy Davis will have much effect on the national "conversation" about the morality of capital punishment or the glaring flaws in America's system of justice. Because while it's very reasonable to argue that "we" should only kill someone if we're really, really, really sure they did it, the modern American conservative is really, really, really sure about everything.

As in, not a virtue.

Executing the astrologer

Why are religious tyrannies like Saudi Arabia so afraid of bullshitters that they have to kill them?

Because the airy nonsense of astrology is epistemically indistinguishable from their own state dogma, and they can't stand the competition.

Texas justice

Sometimes criminal prosecution is wielded as a blunt instrument. Charles Chatman spent 26 years in jail for a rape that DNA now says he did not commit. He'll never get those years back, but at least he is still alive to be released.

The DA whose office obtained Chatman's conviction was Henry Wade, famed tough prosecutor (and the Wade in Roe v. Wade). Wade asked for the death penalty 30 times and got it 29. Would modern evidentiary tools exonerate any of those dead men?

The current Dallas courts and prosecutors at least seem to be taking justice seriously.

Caprice

Duhbya will even spare an evil-doer the death penalty if it enhances his power. And you know it's painful to him when his two core principles collide: I-have-the-power vs. snuff-the-criminal. But for the sake of future Cheneys, he has to grasp every possible power.

If this were about mercy, well, the Presidential power to commute the sentence is just sitting there in the Constitution, feeling pretty lonely now that the veto power has been featured in so many threats.

Gonzo and Duhbya in a rowboat

Torture and the death penalty are in the same boat. And Alberto Gonzales is rowing Duhbya around in both of them. (What an ugly twist on The Life of Pi!)

Certainly, there are convicts who deserve death, for whom even death may be too good. There are also easily imagined scenarios where torture is obviously and overwhelmingly utilitarian and thus has a claim to morality and even obligation.

Alan Dershowitz has argued that we need torture warrants and a legal review process to approve them sparingly and justly. I look at our attempts to administer the death penalty justly and fairly (and I'm just not relying on the banality of evil seen in Gonzo and Duhbya), and I don't have great confidence in the usefulness of a legalism that permits torture.

In fact, the central problem of torture under the Bushists is that they made it the policy of their regime. They didn't just wink at it or tolerate a few excesses; they wrote memos justifying it legalistically (note: not legally) even while, for public consumption, they claimed that 'torture' meant only 'maiming or killing', which allowed them to make the Orwellian claim that they were not, oh no, torturing. And they promoted successful practitioners from Gitmo to Iraq.

In extremis, torture may be permissible, but it's not permissible to legalize it. Those who are closest to the need must take the risk if they think it is worth it, and we must have the right to second guess them and even punish them if we disagree. That's the harsh reality. (24, by the way, even agrees, or it did in Day 4 anyway; I found Day 6 unwatchable.)

A good analogy is how we handle cannibalism. We don't legalize it and define the circumstances when it is appropriate (Alive!, say). We recognize that it is illegal or at least immoral but accept a necessity defense. So it should be with torture.

Not every act-utilitarian moral act is subject to rendering into rule-utilitarian law.

The precedent punishment for torture in pursuit of war, particularly war of choice, is the death penalty. Reason forces me to acknowledge that both Gonzo and Duhbya are eligible for prosecution, along with Rummy and Darth Cheney, among many others.

It was for reasons such as this that the Republicans during the Clinton years refused to join the International Criminal Court at The Hague. When out of office, the Bushists also might want to consider not travelling to Belgium, for example, to avoid its almost American sense of its own jurisdiction. No ex post facto problem there!

If these alleged war criminals are ever duly convicted convicted, I'd be satisfied with them receiving the same punishment as Rudolf Hess. Hell, I'd be ecstatic.

(Originally a comment on Philosoraptor.)

Confirmation of worst fears?

Originally a comment on this post on DailyKos.

Confirmation hearings will tell us whether the Democrats are going to go gently. Gonzales is best qualified for jail or least to serve fascism. Here's my list:

• Abu Ghraib war crimes
  
• Guantanamo - conscious violation of Geneva Conventions
  
• cavalier approach to the death penalty in Texas
  
• Plame affair questions