Home
In this issue
Feb. 8, 2013

Rabbi Berel Wein: Lofty ideals must be followed with grounded applications

Clifford D. May: Letter from the West Bank
Steve Rothaus: Judge OKs plan for gay man, lesbian couple to be on girl's birth certificate
Gloria Goodale: States consider drone bans: Overreaction or crucial for privacy rights?
Environmental Nutrition Editors: Don't buy the aloe vera juice hype
Michael Craig Miller, M.D.: Harvard Experts: Regular exercise pumps up memory, too
Erik Lacitis: Vanity plates: Some take too much license
The Kosher Gourmet by Susie Middleton: Broccoflower, Carrot and Leek Ragout with Thyme, Orange and Tapenade is a delightful and satisfying melange of veggies, herbs and aromatics
Feb. 6, 2013

Nara Schoenberg: The other in-law problem

Frank J. Gaffney Jr. : A see-no-jihadist for the CIA
Kristen Chick: Ahmadinejad visits Cairo: How sect tempers Islamist ties between Egypt, Iran
Roger Simon: Ed Koch's lucky corner
Heron Marquez Estrada: Robot-building sports on a roll
Patrick G. Dean, M.D.: Mayo Clinic Medical Edge: How to restore body's ability to secrete insulin
Sharon Palmer, R.D.: 3 prostate-protecting diet tips
The Kosher Gourmet by Emma Christensen 7 principles for to help you make the best soup ever in a slow cooker
Feb. 4, 2013

Jonathan Tobin: Can Jewish Groups Speak Out on Hagel?

David Wren: Findings of government study, released 3 days before Newtown shooting, at odds with gun-control crusaders
Kristen Chick: Tahrir becomes terrifying, tainted
Curtis Tate and Greg Gordon: US keeps building new highways while letting old ones crumble
David G. Savage: Supreme Court to hear case on arrests, DNA
Harvard Health Letters: Neck and shoulder pain? Know what it means and what to do
Andrea N. Giancoli, M.P.H., R.D.: Eat your way to preventing age-related muscle loss
The Kosher Gourmet by Diane Rossen Worthington Baked Pears in Red Wine and Port Wine Glaze: A festive winter dessert
Feb. 1, 2013

Rabbi Dr. Tzvi Hersh Weinreb: Redemption

Clifford D. May Home, bloody, home
Christa Case Bryant andNicholas Blanford Why despite Syria's allies warning of retaliation for Israeli airstrikes, the threats are likely hollow
Rick Armon, Ed Meyer and Phil Trexler Ex-police captain cleared by DNA test is freed after nearly 15 years
Harvard Health Letters: Could it by your thyroid?
Sharon Palmer, R.D.: When 'healthy food' isn't
Sue Zeidler: Coke ad racist? Arab-American groups want to yank Super Bowl ad (INCLUDES VIDEO)
The Kosher Gourmet by Nealey Dozier The secret of this soup is the garnish
January 30, 2013

Allan Chernoff: Celebrating 'Back from the Dead Day'

America isn't a religious country? Don't tell Superbowl fans!
Mark Clayton Cybercrime takedown!
Germany remembers Hitler rise to power
Israel salutes U. N. --- with the one finger salute
Sharon Palmer, R.D.: Get cookin' with heart-healthy fats
Ballot riles Guinness World Records
The Kosher Gourmet by Elizabeth Passarella Potato, Squash and Goat Cheese Gratin
January 28, 2013

Nancy Youssef: And Democracy for all? Two years on, Egypt remains in state of chaos

Fred Weir: Putin: West is fomenting jihadi 'blowback'
Meredith Cohn: Implantable pain disk may help those with cancer
Michael Craig Miller, M.D. : Ask the Harvard Experts: Are there drugs to help control binge eating?
David Ovalle Use of controversial 'brain mapping' technology stymied
Jane Stancill: Professor's logic class has 180,000 friends
David Clark Scott Lego Racism?
The Kosher Gourmet by Mario Batali The celebrated chef introduces us to PANZEROTTI PUGLIESI, cheese-stuffed pastry from Italy's south


Jewish World Review Sept. 23, 2011 / 24 Elul, 5771

Why Death Penalty Opponents Can't Win

By Jonah Goldberg


Printer Friendly Version



http://www.JewishWorldReview.com | On Wednesday, two men were lawfully executed. Both insisted they were innocent. If you've been watching the news or following Kim Kardashian's tweets, you've likely heard of one of these men, Troy Davis.

The other death penalty "victim," Lawrence Russell Brewer, was until this week the more significant convicted murderer. Brewer was one of the racist goons who infamously tied James Byrd to the back of their truck and dragged him to death in Texas.

The case became a touchstone in the 2000 presidential race because then-Texas Gov. George W. Bush had refused to sign a "hate crimes" law. The NAACP ran a reprehensible ad during the presidential election trying to insinuate that Bush somehow shared responsibility for the act.

Regardless, Brewer claimed that he was "innocent" because one of his buddies had cut Byrd's throat before they dragged his body around. Forensic evidence directly contradicted this.

Brewer's own statements didn't help either. Such as, "As far as any regrets, no, I have no regrets. ... I'd do it all over again, to tell you the truth."

Brewer, festooned with tattoos depicting KKK symbols and burning crosses, was "not a sympathetic person" in the words of Gloria Rubac of the Texas Death Penalty Abolition Movement.

Which is why we didn't hear much about him this week. Instead, we heard a great deal about Davis. Many people insist Davis was innocent or that there was "too much doubt" about his guilt to proceed with the execution. Many judges and public officials disagreed, including all nine members of the Supreme Court, who briefly stayed the execution Wednesday night, only to let it proceed hours later.

There are many sincere and decent people -- on both sides of the ideological spectrum -- who are opposed to the death penalty. I consider it an honorable position, even though I disagree with it. I am 100 percent in favor of lawfully executing people who deserve the death penalty and 100 percent opposed to killing people who do not deserve it.

When I say that, many death penalty opponents angrily respond that I'm missing the point. You can never be certain! Troy Davis proves that!

But he proves no such thing. At best, his case proves that you can't be certain about Davis. You most certainly can be certain about other murderers. If the horrible happens and we learn that Davis really was not guilty, that will be a heart-wrenching revelation. It will cast a negative light on the death penalty, on the Georgia criminal justice system and on America.

But you know what it won't do? It won't render Lawrence Russell Brewer one iota less guilty or less deserving of the death penalty. Opponents of capital punishment are extremely selective about the cases they make into public crusades. Strategically that's smart; you don't want to lead your argument with "unsympathetic persons." But logically it's problematic. There is no transitive property that renders one heinous murderer less deserving of punishment simply because some other person was exonerated of murder.

Timothy McVeigh killed 168 people including 19 children. He admitted it. How does doubt in Troy Davis' case make McVeigh less deserving of death?

We hear so much about the innocent people who've gotten off death row -- thank God -- because of new DNA techniques. We hear very little about the criminals who've had their guilt confirmed by the same techniques (or who've declined DNA testing because they know it will remove all doubt). Death penalty opponents are less eager to debate such cases because they want to delegitimize "the system."

And to be fair, I think this logic cuts against one of the death penalty's greatest rationalizations as well: deterrence. I do believe there's a deterrence effect from the death penalty. But I don't think that's anything more than an ancillary benefit of capital punishment. It's unjust to kill a person simply to send a message to other people who've yet to commit a crime. It is just to execute a person who deserves to be executed.

Opponents of the death penalty believe that no one deserves to be executed. Again, it's an honorable position, but a difficult one to defend politically in a country where the death penalty is popular. So they spend all of their energy cherry-picking cases, gumming-up the legal system and talking about "uncertainty."

That's fine. But until they can explain why we shouldn't have a death penalty when uncertainty isn't an issue -- i.e. why McVeigh and Brewer should live -- they'll never win the real argument.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.


To comment on JWR contributor Jonah Goldberg's column click here.

Jonah Goldberg Archives

© 2006 TMS

Insight (Our Columnists)

 Arnold Ahlert
 Mitch Albom
 Jay Ambrose
 Michael Barone
 Barrywood
 Lori Borgman
 Stratfor Briefing
 Mona Charen
 Linda Chavez
 Richard Z. Chesnoff
 Ann Coulter
 Greg Crosby
 Alan Douglas
 Larry Elder
 Suzanne Fields
 Christine Flowers
 Frank J. Gaffney
 Bernie Goldberg
 Jonah Goldberg
 Julia Gorin
 Jonathan Gurwitz
 Paul Greenberg
 Argus Hamilton
 Victor Davis Hanson
 Betsy Hart
 Ron Hart
 Nat Hentoff
 Marybeth Hicks
 A. Barton Hinkle
 Jeff Jacoby
 Paul Johnson
 Jack Kelly
 Ch. Krauthammer
 David Limbaugh
 Kathryn Lopez
 Rich Lowry
 Michelle Malkin
 Jackie Mason
 Ann McFeatters
 Dale McFeatters
 Dana Milbank
 Jeanne Moos
 Dick Morris
 Jim Mullen
 Deroy Murdock
 Judge A. Napolitano
 Bill O'Reilly
 Kathleen Parker
 Star Parker
 Dennis Prager
 Wesley Pruden
 Tom Purcell
 Sharon Randall
 Robert Robb
 Cokie & Steve Roberts
 Heather Robinson
 Debra J. Saunders
 Martin Schram
 Culture Shlock
 David Shribman
 Roger Simon
 Michael Smerconish
 Thomas Sowell
 Ben Stein
 Mark Steyn
 John Stossel
 Cal Thomas
 Dan Thomasson
 Bob Tyrrell
 Diana West
 Dave Weinbaum
 George Will
 Walter Williams
 Byron York
 ZeitGeist
 Mort Zuckerman

'Toons
 Robert Arial
 Chuck Asay
 Baloo
  Lisa Benson
 Chip Bok
 Dry Bones
 John Branch
 John Cole
 J. D. Crowe
 Matt Davies
 John Deering
 Brian Duffy
 Everything's Relative
 Mallard Fillmore
 Glenn Foden
 Jake Fuller
 Bob Gorrel
 Walt Handelsman
 Joe Heller
 David Hitch
 Jerry Holbert
 David Horsey
 Lee Judge
 Steve Kelley
 Jeff Koterba
 Dick Locher
 Chan Lowe
 Jimmy Margulies
 Jack Ohman
 Michael Ramirez
 Rob Rogers
 Drew Sheneman
 Kevin Siers
 Jeff Stahler
 Scott Stantis
 Danna Summers
 Gary Varvel
 Kirk Walters
  Dan Wasserman

Lifestyles
 Mr. Know-It-All
 Ask Doctor K
 Richard Lederer
 Frugal Living
 On Nutrition
 Bookmark These
 Bruce Williams