Death
Penalty Is A Sign Of Moral Failure, Not Justice In A Civilized
Society
By Joe Loya, Pacific News Service, June 11, 2001
Those
who favor the death penalty often speak of concern for the
victims. But opposition to the death penalty does not signify
lack of sympathy with the victim; rather it is a call to move
toward a more civilized society. PNS commentator Joe Loya
is a California writer currently writing a memoir on his experience
in prison. His e-mail address is buddhalobo@aol.com.
With
the execution of Oklahoma City bomber Timothy McVeigh, we
are bound to hear once again that opponents of the death penalty
never think about the victims.
But
I oppose the death penalty and I think of the victims all
the time. I believe we give the victims' side too much sway
in the penalty phase of a trial, so that our courts do not
dispense justice in the best interest so much as the vendetta
justice of a blood feud.
It
seems to me that we, as a community, surrender some of our
civility when we allow human sacrifice because it offers victims
"joyful relief." Civilized society is supposed to restrict
primitive impulses. One Oklahoma grandmother, outraged when
McVeigh was allowed a stay of execution so the court could
examine allegations that due process had been violated, said,
"My grandsons didn't get justice. They didn't get stays or
lawyers."
Her
anger is understandable and moving, but should her private
grief automatically override the proper pursuit of justice?
Should it necessarily make us all accomplices in a killing
committed by the state?
I'm
not naive about the seductive power of retaliation, and I
know about the perils of giving into the impulse for payback.
I once did serious harm to someone who was brutalizing me
-- a justified act of self-defense under any moral code --
but having a right to do something doesn't necessarily make
something the right thing to do.
In
fact, victims can victimize themselves when they become consumed
with rage and obsessed with retribution. This plays out in
fights between prisoners, where the slightest insult can bring
a violent response.
This
complete loss of a sense of proportion may explain the Israeli
citizen who told a radio interviewer he favored more F-16
bombings against the Palestinians because they only understand
terror.
This
sort of thinking reveals the absolute backwardness of retribution.
Once the thrill of tit-for-tat wears off, only more of the
same will do. Emancipation from violence cannot be underwritten
with more violence.
I
have diminished my strong impulse for retribution, but I wonder
if I will be able to discourage my children from the socially
permissible ethic of reprisal. (Teachers will tell you that
when they break up fights, boys will tell them that their
fathers told them to always hit back.)
President
Bush and other officials have called for "an unconditional
cessation" of escalating violence between Israel and the Palestinians,
but they don't see that the same principle should apply to
the death penalty.
That's
why a recent appeal from a group of religious, civil rights
and political leaders for an immediate federal moratorium
on capital punishment fell on deaf ears, as did Amnesty International's
criticism of the United States for its continued use of the
death penalty.
We
are misled, like cops and guards who break the law, if we
believe that an execution is the best way to confirm the values
the criminal is thought to have violated.
We
should break the cycle of violent action and reaction by using
our moral energy to unconditionally cease our need to avenge.
It should be the work of a civilized, pluralistic society
to mitigate the retaliatory impulse of blood feuds.
Some
rape victims and people whose loved ones have been killed
have found ways to disengage from the compulsive desire for
revenge. They refuse to allow the violence to disrupt their
principles. Their moral strength is restraint, and they are
heroes. They are our examples of how the cycle can be broken.
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