Tookie Williams

I’m not really going to go on about Tookie Williams. He was found guilty of crimes he still says he did not commit, and he may not have actually founded the Crips, as he claims.

What I found interesting was the impossible place Gov. Arnie found himself in last week when weighting clemency options.

If there is one issue I have no clear opinion on, it’s the death penalty. I don’t think it acts as an effective deterrent, but I think there are crimes that command the ultimate punishment. In other words, a member of the Crips may shoot someone regardless of if the death penalty. And while I think that few crimes should get the death penalty, someone should plug Andrea Yates into the nearest wall outlet right away.

But I’m getting away from my point. Last week pundits on both sides of the issue argued about what Gov. Arnie needed to do.

Boy was he stuck.

I tried to think about what I would do if I was in that position. If I was holding a pen in my hand, and I knew I could use that pen to stop a man from dying, I’d want to do it. Despite the crime, I’d likely sign the paper to convert the sentence to life in jail. (How perfectly liberal of me, eh?)

But then it dawned on me how disrespectful of the Justice system that would be. What gives the Governor the right to undo years of Justice system review? Years of trials, juries, appeals, Supreme Court reviews… and the Governor can just toss that aside and change the punishment. To me, that strikes as being disrespectful all the Judges and juries that heard the case.

I’m going to guess that Gov. Arnie didn’t know who Tookie Williams was until last week. Yet he held the history of the case in his hands.

What an awesome and troubling thing it must be to know you have that power, with the stroke of a pen.

James
December 14th, 2005 8:34 am

Allow me to play Led Zeppelin and ramble on. I’ve never been able to understand how conservatives generally support a “culture of life” yet also support the death penalty. It’s as if to say life is only important when it’s still inside a mother. I say this because for the longest time, I too wrestled with my thoughts on the death penalty and the value of ‘all’ life.

It’s a complex issue as there are horrific crimes that would seem to demand the death penalty. But, for me, it came down to this: I couldn’t adequately explain legally, faithfully, or in any other way how we could say to a person, “Killing is wrong. And to show you how wrong it is, we’re going to kill you, and silently hope that you are the one who did it.”

So if someone felt the same way I do, would granting clemency last week have been disrespectful of the justic system? No more than a veto disrespects congress. No more than congress creating a law in direct response to a judgment disrespects the judiciary. Sure, sometimes it reeks of partisanship and sometimes it’s wrong, but the ability of one branch to check another is crucial. And while it is a bit disrespectful since it says, “You guys got it wrong,” it’s a nice option to have.

jim
December 14th, 2005 4:46 pm

I listened to an academic argue about the Tookie case being racist. her arguement was that since 41% of the people on death row in the US are Black and only 11% of the population in the US are black therefore this is clearly due to racial bias in the justice system. (percentages are approximate, but clse to what she quoted)

I disagree with her “logic”. The racial, gender, demographic makeup of people on death row (or sentenced to life imprsionment) does not have to have a the same demographic makeup of the population at large for us to be sure that the system is just. In fact, if that were true I would suspect that the system wasn’t just!

Yes, there should be more resources given to public defenders so they can do their job well and further reduce innocent people from going to jail.

C.J.
December 15th, 2005 1:12 pm

The spiritual part of the argument is perhaps this: The death penalty is an appeal to the highest court, expediting a condemned man’s judment before his creator. Since we believe in a speedy trial for the accused, why wait 20 years to carry out the sentence?

Harsh? To the armchair governor, yes… but to the families of the victims, it often provides closure for a grave injustice – although it can never bring their loved ones back.

Why struggle with the death penalty, citing the “right to life” argument? When convicted of a felony, your rights are forfeited and you become a ward of the state to which you owe a debt.

The way both liberals and conservatives interpret the “value” of life has been painfully inserted into our legislation for over 30 years now:

1.) (1973) Roe v. Wade
2.) (1977) A ten-year moratorium on executions ends and the death penalty has been used since.

We are either mass delusional or a society which, in some cases, feels adequate enough to play God.

smskater
December 16th, 2005 9:43 am

We have the power to kill. We use that power all the time. So what’s one more death?

December 17th, 2005 3:37 am

When someone takes someone elses life in a situation other than self defense or defense of another, what happens to the victim’s “right of life”? What about the people who lived in carthage? or pompei? What about their right to live? There is no such thing as a “right”. Its a human ideal, an abstract. Rights do not “exist” except as a rationalization for our actions, or as a reason to influence someone else’s actions. You say you have the right to live, but I say thats bullshit. You have to fight to live, maybe not as hard as humans had to five thousand years ago, but you still have to go to work, and do what you must in order to live. No one is giving you everything you need on a silver platter and asking if you would like anything else. If you truly had the “right” to live, everything would be provided for you because it was your “right”.

Sorry to break it to you, but this whole thing of the right of life is nothing more than idealists spouting off a bunch of wishful thinking to justify their beliefs.

James
December 19th, 2005 8:30 am

While I understand what Travis is saying, I think that a “right” is not so much a privilege that is supported but a condition of existence that should not, in general, be taken. I have seen the idea of “rights” be thought of as the former by guys who believed they had a “right” to live well, that they would take it if necessary, and that doing so wasn’t wrong because they were entitled to it. Unfortunately, they failed to see the irony that in getting their rights, they were taking someone else’s.

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