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Just excellent- a thought provoking non- fiction analysis of the death penalty by Scott Turow. Turow is best known for his fictional works with a criminal law context- but he also served on a Commission in Illinois to review issues attendant to the death penalty experience in this state. Its very well done
Some questions probed:
What are the goals of punishment?
What do we think of the perfectibility of human beings and the perdurability of evil?
What value do we place on life of the murderer and of the victim?
What kind of power do we want in the hands of government, and what do we hope the state can accomplish when it wields it?
Beyond the death penalty foes, all agree that " if we execute the innocent or the undeserving, then we have undermined, not vindicated our sense of moral proportion and the clear message capital punishment is meant to send"
On the race issue- the facts in Illinois were counter intuitive, once convicted white murders were sentenced to death at a rate two and one times that for black murders. It turns out, the race card is not based on the race of the killer, but on the victim. Since the apparent bias, based on Turow's rendition of the empirical facts in the system is outrage at the killers of whites, and since more blacks are killed by blacks than whites and vice versa- whites get disproportionate death sentences in Illinois thru the day of his writing- most unexpected- at least by me.
On the other hand, if racial bias and other factors render the imposition of the death penalty uneven, Why not define Murder One carefully, excuse those we deem excusable to a lesser punishment, and more consistently impose the death penalty? Turow explains the Supreme Court is not on board with this- but legislatures could address that point if so inclined.
The pivotal question Turow raises that made me re-think my pre-conceived notions was : Can a system of Justice be constructed that reaches only the right cases without occasionally condemning the innocent or the undeserving?"
If such a system , can be so constructed - we don't have it yet- the error rate is beyond disturbing
this is a quick read- but thought and dialog provoking- a great read.
Some questions probed:
What are the goals of punishment?
What do we think of the perfectibility of human beings and the perdurability of evil?
What value do we place on life of the murderer and of the victim?
What kind of power do we want in the hands of government, and what do we hope the state can accomplish when it wields it?
Beyond the death penalty foes, all agree that " if we execute the innocent or the undeserving, then we have undermined, not vindicated our sense of moral proportion and the clear message capital punishment is meant to send"
On the race issue- the facts in Illinois were counter intuitive, once convicted white murders were sentenced to death at a rate two and one times that for black murders. It turns out, the race card is not based on the race of the killer, but on the victim. Since the apparent bias, based on Turow's rendition of the empirical facts in the system is outrage at the killers of whites, and since more blacks are killed by blacks than whites and vice versa- whites get disproportionate death sentences in Illinois thru the day of his writing- most unexpected- at least by me.
On the other hand, if racial bias and other factors render the imposition of the death penalty uneven, Why not define Murder One carefully, excuse those we deem excusable to a lesser punishment, and more consistently impose the death penalty? Turow explains the Supreme Court is not on board with this- but legislatures could address that point if so inclined.
The pivotal question Turow raises that made me re-think my pre-conceived notions was : Can a system of Justice be constructed that reaches only the right cases without occasionally condemning the innocent or the undeserving?"
If such a system , can be so constructed - we don't have it yet- the error rate is beyond disturbing
this is a quick read- but thought and dialog provoking- a great read.