Death Penalty Verdict For Dzhokhar Tsarnaev Wrong, Immoral

On March 14, 2022March 14, 2022 By dekeriversIn Death Penalty, Law, Supreme Court2 Comments

With so many glaring headlines multiple times a day, given the Russian war of aggression against the sovereign nation of Ukraine, a news story I wanted to weigh in on got pushed aside. But this Monday morning with a stiff cup of java before me I need to address a moral wrong.

The Supreme Court earlier this month reinstated the death sentence for Boston Marathon bomber Dzhokhar Tsarnaev. The ruling was a 6-3 vote and in so deciding the justices agreed with the Biden administration’s arguments that a federal appeals court was wrong to throw out the sentence of death a jury had imposed on Tsarnaev. The court battles result from the bombing that killed three people near the finish line of the marathon in 2013.

Tsarnaev was 19 years old when he and his brother, Tamerlan, who was 26 at the time of the bombing. Days later Tamerlan died during an explosive firefight with police, and Dzhokhar was arrested.

It should not surprise anyone that conservative Justice Clarence Thomas wrote for the majority of like-minded members of the Court in proceeding with the death penalty. I continually find it amusing how the same justices who write decisions or dissents against abortion or related matters on the bench are the first in line to place someone on death row.

Meanwhile, one of the continuing voices in opposition to the death penalty is Justice Stephen Breyer. I have written before that “I believe Breyer will be in the same fine historical company as Congressman John Quincy Adams, who after being president, sat in Congress and continually hammered away at slavery.”

Adams has a legacy of working for the end of slavery, and Breyer will be known for his pushing to alert the nation to the dangers of the death penalty.

In the Tsarnaev ruling, Breyer asserted again his grave concerns about the death penalty. “I have written elsewhere about the problems inherent in a system that allows for the imposition of the death penalty … This case provides just one more example of some of those problems.”

In June 2021 I wrote passionately against the death penalty and specifically as it related to Dzhokhar Tsarnaev.

The fact we find some criminal acts to be so barbaric that some wish to turn to death as a way to make a statement about how society feels is a natural one. It is a base reaction. But laws are made to curtail base reactions of people. While I can understand how upset people can be over the Boston Marathon bombing, as an example, I can not understand those who wish to translate feelings of anger to an execution.

As a nation, we must not allow ourselves to be taken over by the darker forces that are a part of the human makeup. We must always strive to be better than those in society who have failed so miserably to live up to a certain code of conduct that we all know to be the best way to live.

Placing someone in prison for life is the only reasonable way to proceed for those who commit the ultimate crime in our society. Then allow for God to be the final judge on the matter. The government should not be in the business of taking a life.

I understand that there was a very prolonged court process years ago where a jury listened to arguments for and against sentencing Tsarnaev to death. They concluded that he should be executed. I grasp the fact emotions were high, and anguish over the bombing ran deep.

But how does the barbaric execution of Tsarnaev remedy what occurred at the marathon, or not place the government and the people that it represents, on the same level as the bomber?

It might be comforting to assume that some legal balm can be applied to the citizenry to excuse or pardon the government from killing a person through the death penalty. But there is a firm moral line that can not be crossed. Trying to hurdle over such a line with legal procedures and artful wording does not change the bottom line.

Murder is always wrong. Even when termed the death penalty.

And so it goes.

Death Penalty Winding Down

On January 31, 2022 By dekeriversIn California, Death Penalty, Ethics, PoliticsLeave a comment

Last week with the news that Supreme Court Justice Stephen Breyer was stepping down from the bench I made note of on issue history will long record about the man.

His continuing criticism of the death penalty in the nation places him in that ethical crowd who may not prevail in full at the time they serve, but make huge contributions to the causes they fight for. I believe Breyer will be in the same fine historical company as Congressman John Quincy Adams, who after being president, sat in Congress and continually hammered away at slavery.

Another step is now being taken in California to stop the barbaric practice of the death penalty.

Governor Gavin Newsom had already placed a moratorium on executions, but now is taking great strides to dismantle what had been–most regrettably–the largest death row in the nation. The governor has ordered that all condemned inmates on death row be moved to other prisons within two years.

With a concept modeled alongside the desire to turn a weapon into a plow comes the California move to convert the death row–after those inmates are moved–into rehabilitation units, That is a solid victory for the many who advocate for an end to the death penalty.

California last carried out an execution in 2006. I trust that was the last one. Period.

I do understand, and desire justice be brought for those who commit crimes, but I fail to understand how a government that forbids killing among its citizens should then be in the business of killing on the taxpayer’s dime. There is just no logic to the thirst for such vengeance.

The news today from California is proof that a continuing drumbeat of advocacy about a matter that cuts to the core of who we are as a nation can produce positive results. California will be merging its condemned inmates into the general prison population with no expectation of execution.

And so it goes.

Recent Exonerated Sentences Show Danger Of Death Penalty To Black Citizens

On November 23, 2021November 23, 2021 By dekeriversIn Crime, Death Penalty, Law, RacismLeave a comment

Even though Kevin Strickland was sentenced in Missouri to a life sentence for the murders of three people, had he resided in some other states he very well could have been sentenced to death. The 62-year-old Black man was convicted by an all-white jury in 1979. Had he been sentenced in Texas, as an example, he might already have been put to death.

Now think about this.

This week a judge exonerated Strickland after more than 43 years in prison, marking the longest confirmed wrongful conviction case in Missouri’s history, and also one of the longest in the nation. The case against him was built on the testimony of Cynthia Douglas, the sole survivor and eyewitness, who later attempted multiple times to recant her testimony because she said she was pressured by police.

This summer Virginia Governor Ralph Northam issued rare posthumous pardons to a group of Black men known as the Martinsville Seven, who were executed in 1951 after being convicted by all-white juries of raping a white woman. He issued what were termed “simple pardons,” which do not deal with the issue of guilt or innocence but recognize that the cases involved racial inequity and a lack of due process. The fact they never had their fair crack at the judicial process means their executions are viewed as appalling.

Just days ago four men known as the Groveland Four were exonerated of the false charges that they raped a white woman in 1949. Florida State Attorney Bill Gladson stated the matter those many decades ago was “a complete breakdown of the criminal justice system.”

Last week in Oklahoma Governor Kevin Stitt called off the execution of Julius Jones, a Black man on death row. This case had taken on national interest due to the police investigation that was understood to be biased, and a defense lawyer who was more fitted to sweep the courthouse than sit before a judge in a trial. Then there is Oklahoma itself, with a justice system that has been correctly lambasted many times over the decades for racism in their death penalty cases.

The state has the highest Black incarceration rate in the U.S.: Black people are imprisoned at 4.5 times the rate of white people. Racial disparities have been shown at every level of the justice system—from arrest to conviction and ultimately sentencing. The Oklahoma Death Penalty Review Commission found that the state is 3.2 times more likely to ask for the death penalty if the victim is white.

We all can see the dangers within the judicial process with the death penalty, as there is then no room for actual justice to be rendered for those who have been falsely accused.

I just can not find a moral reasoning to ever allow the death penalty to be used as a means of conveying society’s revulsion to a criminal for an act that has been committed. I do not feel that the government has the right to commit someone to death. I have felt this way for all of my life.

Too often the evidence against Black men who are charged with serious crimes, in certain states with racial animus ingrained in their police departments and judicial processes, falls apart when the full light of sunshine is allowed entrance. The cases above–all within a small time frame from this year– prove the point of how prevalent racism is in police procedures and sentencing.

As a nation, we must not allow ourselves to be taken over by the desire for the ultimate revenge. When we sharply veer into that direction we are absolutely going to make horrific mistakes. With the death penalty, there is no way to ever correct that colossal and wrong decision.

And so it goes.

Biden Must Stay True To Anti-Death Penalty Stand, Do Not Execute Dzhokhar Tsarnaev

On June 15, 2021June 15, 2021 By dekeriversIn Death Penalty, Democrats, Joe Biden

I have very much appreciated the leadership and reasoning which has flowed from the administration of President Joe Biden. I have been in agreement with most of the policy goals and means to reach them.

Until this morning.

I read that the Biden administration is asking the US Supreme Court to reinstate the death penalty against Dzhokhar Tsarnaev for the Boston Marathon bombings that killed three people and wounded hundreds more.

In a 48-page brief, the Department of Justice said the jury concluded that Tsarnaev’s role in the 2013 bombings warranted the death sentence and that verdict should be respected and reinstated.

I strongly disagree.

Among the many reasons I have supported Biden over the years is his rejection of the death penalty. He campaigned in 2020 on the elimination of this barbaric and cruel punishment. The reason his stand was so admired is that the past occupant of the White House put 12 men and one woman to death, the last one executed a mere five days before Biden took the oath of office.

We see what lust for blood looks like, and feels like. It is most unseemly.

In the Department brief, it is noted that the evidence of Tsarnaev’s independence, from his brother who was also central in the bombing, is overwhelming. Therefore, JOJ is asking for the execution.

No one is stating that this man is innocent of the charges, not horrendously immoral, and must face a form of punishment. But we simply do not have, as leaders or citizens, the right to kill another person for the intent of either sending a message of deterrence or meting out punishment. That action is far above the pay grade of any human.

As a nation, we must not allow ourselves to taken over by the darker forces that are a part of the human make-up. We must always strive to be better than those in society who have failed so miserably to live up to a certain code of conduct that we all know to be the best way to live.

President Biden is the first person sitting in the Oval Office to openly, and correctly, oppose the death penalty. I have urged on this blog there must first be a cessation of scheduling new executions. Secondly, and most importantly there must be a shredding of the death penalty from U.S. statutes.

So to read that the Biden administration is seeking to move forward with a federal execution is awful news. Placing someone in prison for life is the only reasonable way to proceed for those who commit the ultimate crime in our society. Then allow for God to be the final judge on the matter. The government should not be in the business of taking a life.

And so it goes.

President Biden Needs To Stop Federal Executions, Shred Death Penalty Statute

On February 7, 2021February 7, 2021 By dekeriversIn Death Penalty, Joe Biden, Society

I just can not find any moral reasoning to ever allow the death penalty to be used as a means of conveying society’s revulsion to a criminal for an act that has been committed. I do not feel that the government has the right to commit someone to death. I have felt this way all of my life.

The reason this topic emerges as a headline is due to President Biden being the first person sitting in the Oval Office to openly, and correctly, oppose the death penalty. It was reported this weekend that he has discussed the possibility of instructing the Department of Justice to stop scheduling new executions. Make no mistake that should such a policy move be made it would be a most important step towards modernity.

If such a change were made it would abruptly end what can only be termed a troubling run of executions by the federal government, all during a pandemic that raged inside prison walls and infected journalists who cover such news, along with federal employees who undertake the work. And the pandemic, it needs noting, has even infected those put to death.

The bizarre and absolute soulless push by Donald Trump to execute people is one of the darkest aspects of his wretched term in office. More federal executions were held in the last six months under Trump’s term than in the previous 56 years combined. That underscores the depravity that some in the nation had elected to high office.

Two steps are needing to be taken by this White House. First, there must be a cessation of scheduling new executions. Secondly, and most importantly there must be a shredding of the death penalty from U.S. statutes.

There is no evidence that the death penalty prevents crime, but there is plenty of evidence to show that it is used in a way that allows for minorities and economically disadvantaged people to have a higher chance of being placed on death row. If the death penalty is not a proven deterrent to murder, is it worth the excessive costs, risks of error, uncertainty of completion, and other problems that are inherent to its practice?

In fact, I would argue the sole motivating factor behind the death penalty is vengeance. A pure lust for vengeance. That is not how a civilized nation should operate. I do understand, and desire justice be brought for those who commit crimes, but I fail to understand how a government that forbids killing among its citizens should then be in the business of killing on the taxpayer’s dime. There is just no logic to the thirst for vengeance.

But there is a most logical rationale for ending the death penalty that even conservatives will find acceptable. Since the death penalty is a very costly and inefficient system, ending it will free up resources that then can be used on crime-fighting measures that have proven to be effective. Fiscal responsibility mixed with law and order.

I believe that President Biden will end this awful policy with the death penalty. It is a stain on our nation.

Dysfunction At The Supreme Court

On April 12, 2019 By dekeriversIn Conservatives, Death Penalty, Democrats, Politics, Republicans, Society

Perhaps the most interesting, and important, story of the day.

The fact is that a society based on morals and decency can not allow for the death penalty. It should be ended–at once. There is no other word for that practice other than barbaric. Consider the states it is used in, and the states where it is not allowed. Vengeance is never an acceptable means of punishment.

The dissent, tinged with anguish and filled with bitter accusations, was not ready until almost 3 a.m. It described a rupture in the carefully tended norms of civility at the Supreme Court. And it provided a rare glimpse into ordinarily secret deliberations.

In seven angry pages, Justice Stephen G. Breyer recounted how the conservative majority on the court had refused his request to delay the execution of an Alabama inmate for a few hours so he and the other justices could discuss the matter in person at their usual Friday morning conference.

Instead, by a 5-to-4 vote in the middle of the night, the court allowed the execution to proceed, with the conservative justices in the majority and the liberals in dissent. Although that division was not unusual, the way the court got there was.

Justice Breyer’s dissent reflects that things have quickly gotten ugly at the court since the replacement of Justice Anthony M. Kennedy, who was a moderating force in capital cases, with the more conservative Justice Brett M. Kavanaugh.

The dispute among the justices on Friday lasted long enough that Alabama officials postponed the execution of the inmate, Christopher L. Price, which had been scheduled for Thursday night. They said a new execution date would be set.

Late-night rulings on death penalty applications are not unheard-of, but they are seldom issued in the predawn hours. In his early morning dissent, almost certainly completed at home, Justice Breyer wrote that the court’s treatment of the case was deeply distressing.

The Sad State Of Our Nation–This Time From Nashville

On December 6, 2018December 6, 2018 By dekeriversIn Conservatives, Death Penalty, Nashville, Politics, Republicans, Society4 Comments

At the Riverbend Maximum Security State Prison in Nashville they are planning to execute a man at the exact moment the Nashville Titans kick off football tonight.

Kickoff is at 7:20 p.m.

They will lead David Earl Miller to the electric chair at 7 PM exactly and then strap him in and put the sponges and electrodes on him and let him have his last words. This process should take almost 20 minutes precisely. Then throw the switch!!

People will be celebrating and tailgating before the game. It’s football time in Tennessee. Crazy, crazy, very sad world.

Death Penalty Dealt Deserved Blow

On May 28, 2015May 28, 2015 By dekeriversIn Death Penalty, PoliticsLeave a comment

The fact we find some criminal acts to be so barbaric that some wish to turn to death as a way to make a statement about how society feels is a natural one. I can understand how upset people can be over the Boston Marathon bombing, as an example. But what I can not understand are those who wish to translate those feelings of anger to an actual execution. As a nation we must not allow ourselves to taken over by the darker forces that are a part of the human make-up. We must always strive to be better than those in society who have failed so miserably to live up to a certain code of conduct that we all know to be the best way to live.

I applaud those who came together in Nebraska and showed the nation that we can reverse our policy regarding the death penalty.

Opponents of the death penalty here were able to build a coalition that spanned the ideological spectrum by winning the support of Republican legislators who said they believed capital punishment was inefficient, expensive and out of place with their party’s values, as well as that of lawmakers who cited religious or moral reasons for supporting the repeal. Nebraska joins 18 other states and Washington, D.C., in banning the death penalty.

Though it is not clear that other Republican-dominated states will follow Nebraska’s example, Wednesday’s vote came at a time when liberals and conservatives have been finding common ground on a range of criminal justice issues in Washington and around the country.