Friday, April 18, 2008

There is Blood on the Moon. Give me that Meat Axe.

This death thing incites such passions. I have spent the day listening to the play-jurors of Collin County Texas insisting on death. They wanted gruesome deaths. "Well, if we don't give them the needle, at least hang them up and let the families beat them to death."

The polls still put the preference for death at 63%.

Lord help me. For once in my life, I wish I were in the majority. Maybe then, I would get the good feeling of co-religionists all around with a shared view of God and the world. We would all be happy together and the shared happiness would be boosted to a new level. Like Alka-Seltzer in a glass of water, we would bubble over with a new enthusiam and join hands in song.

But it is overwhelmingly difficult for me to join in the song of death.

Derrick Morgan lured a friend to his death and shot him six times in the
head. He was paid $6,000 for the murder. It was a matter of the
invisible hand directing the competition for the sale of narcotics.
Sometimes, a lower price is not the most effective means of
competition.
God bless Adam Smith.

I left North Texas for many reasons, but over all it smelled of death. When an attorney friend took too much heroin on purpose, after the good-hearted judiciary refused to allow him to makejail visits in my cases, the bile just wouldn't stop. Father, forgive them, because I am havingsome difficulty along that line.

How many did George H. W. Bush kill in the turkey shoot? To what are we measuring this evil of Mr. Morgan?

So with this love for death, this fascination with death, (Were the Aztecs really like this? Were those grooves in the rocks really for the flow of blood?) how, in the name of faith, hope and charity can we ever pick a jury who will not kill?

Morgan killed and then twelve jurors chose to kill. What has that miserable little life brought us?

For one, we know the insipid questions of the jury, "Can you follow the law?" "Can you be fair?" "Can you f0llow the court's instructions?" should be frozen in the center of Dante's hell with Satan himself. These innocuous, evil, bland, perfidious, common questions mask the death. The sound of gagging and the sight of foaming at Morgan's mouth is drowned and blinded in the boredom of "Can you follow the law."

Evil is bland. And oppressively stupid.

Any juror who states that he or she will automatically vote for the death penalty without regard to the mitigating evidence is announcing an intention not to
follow the instructions to consider the mitigating evidence and to decide if it
is sufficient to preclude imposition of the death penalty.

Even one, then. Even one juror who will automatically vote for death. Who will not consider mitigation. That one, is enough to preclude death.

What in the world is this animal, a mitigation? A mother's glance. That is enough. Mercy. Yes, that too, is enough. Mitigation is a reason not to kill.

17 comments:

Anonymous said...

The best part of your blog is that average bloggers will not clutter this pages with useless commentary because this blog is to cerebral for most people.
Keep it up.

StapletonAndStapleton said...

Thank you. I'm referring this comment to Kathy.

Anonymous said...

I don't understand why keeping a murderer alive for a few extra years is a priority, or even a good idea, frankly.

In fact, I am wondering if it is your own fear of death, Mr. Stapleton, that compels you in this direction. If, perhaps, you are in Kubler Ross's bargaining stage of grief and dying - part of coming to grips with your own mortality - "if I mercifully agree to let the murderer live, will God grant me a few extra years too?"

The benefit of execution as opposed to waiting for Mr. Murderer to eventually fall over from a heart attack is that execution is 100% effective at preventing another senseless murder and destroyed family. Consider recidivism rates. Over 70% of convicts let out of prison commit another crime, hence the common analogy of prison as a "revolving door" - police, lawyers and our judicial system, servicing the same repeat offenders time and again. The court dockets bogged down, costs rising, policemen losing their lives - for crimes involving the same familiar individuals.

In particular, murderers who by some defect of character or mental capacity (such as psychopaths or the mentally retarded) don't perceive any moral difference between ordering a pizza and killing another human being, come on, keeping them around is just begging for tragedy.

Protect American lives: let's kill the killers on our own soil, not the Iraqis. Who poses a more direct threat? Seriously. The life you save may be your own.

StapletonAndStapleton said...

My dear Senorita,

Since I think exploring my own motives is a healthy exercise, I will entertain the possibility that my opposition to the death penalty is bargaining with God for a few extra years.

I would be very much interested in what personality types or histories or experiences cause us to be (as we say in the trade) death qualified or life qualified.

What in your own personal experience has led you to take a strong position in favor of the death penalty?

Mas Triste said...

ES,

You said " I will entertain the possibility that my opposition to the death penalty is bargaining with God for a few extra years.

I say: I may have an opinion,you interested?

Kurgan

StapletonAndStapleton said...

Sure, what's your opinion?

Mas Triste said...

Ed,

Despite my case-by-case support for the death penalty, I think that if not for the Ed Stapleton's of this world, we would likely have our own coliseum(s).

I am sure we could have found someone to battle the lions by now.

Kurgan

Anonymous said...

Well Mr. S

what it boils down to is, quite simply, Darwinism.

Why did we invade Iraq, a country not involved with 9/11, no WMD, no attacks against us? Let's see, they happen to have one of the largest oil reserves with functional refineries in the world. We, by virtue of our military, GDP and weaponry, are stronger than they are. We walked in and took it.

On a smaller scale, imagine a guy not unlike yourself, a lawyer in a nice suit walking down the street past some hoodlums with a gun. You may have a law degree and a highly developed intellect, but they are stronger than you. If they feel like it, they can take your wallet, your car, your life. What is to stop them? It will be at least 20 minutes before the police arrive, unless you are counting on sheer luck that a policeman or valiant observer will pass by and decide to help you at the exact moment you are attacked. Nevermind that most bystanders will avoid violence and confrontation at all costs, running the other way and pretend they never saw anything. Civilized society is an illusion - Katrina illustrated that pretty clearly.

The real danger presented by dangerous criminals is that they realize how loosely society is held together and have free reign, knowing that the average person will avoid violence at all costs, even the violence of executing murderers, that our police are inadequate and function more by perception of order and conditioned response than any real control. These types of criminals are not restrained by the vagaries of expected public behavior, morality or respect for authority. They realize the forces maintaining social control are mostly imaginary. So we put these offenders through the justice system, let them out, and watch as more innocent people are predictably victimized, put them through the system, let them out, more victims, repeat cycle ad nauseum. Because we are essentially animals in a construct of conditioned behavior, lulled into a false sense of security, predators or prey in this Darwinistic urban jungle we inhabit.

Mas Triste said...

Senorita,

You said " they happen to have one of the largest oil reserves with functional refineries in the world."

Which refineries are those?

Iraq's 600K barrels a day capacity is chump change.

Exxon Mobil in Baytown is nearly there, almost by itself.

Next conspiracy please..

Kurgan

Anonymous said...

That's right, we invaded Iraq to get, er.... freedom for Iraqi's children! and.... religious freedom for the Kurds!... and er, well, definitely NOT because Iraq holds more than 112 billion barrels of oil - the world's second largest proven reserves according to the USIA.

Because only a conspiracy theorist would believe we'd commit our military to securing the second largest remaining global reserve of a dwindling natural resource the American economy's survival is completely dependent upon. Cray-zeeee!
America would never fight a war over geographic control of critical resources, we only fight for stuff like, uh, justice and freedom and good versus evil. Like totally dude.

But I digress... the topic was the death penalty, wasn't it?

Mas Triste said...

Senorita,

Interesting theory. I noticed you backed off of your original claim and now you draw more of an appearance of circumstances from which you have drawn your own conclusion. Either we went there for oil or we didn't.

Ask yourself the following:

Why did the Chinese get the primary refining contracts and first right of purchases?

Isn't there a majority (read: Democratic party) in Congress who are pushing for the fedgling government of Iraq to pay its' own way with its' oil revenue?

Not that I disagree with that, but how would the Iraqi Government it pay for anything anything if we took it?

Besides, based on your logic, we would have been much better off invading Mexico, dudette.

K

Anonymous said...

Vacillating dissension, ... a paradox as it applies to our simple community.

Fortunately, the conversation will meld and simple truth will...

ml

Anonymous said...

Aw Kurgan
Come on you can do better than that! You want to argue. I get it. Please don't take this the wrong way, but at least make the effort to read people's posts and understand the presented ideas before rushing to correct them, it's less annoying that way. Besides, don't you have a philosophical take on the death penalty besides the coliseum reference. Perhaps, your worldview as it relates to the topic, possible economic, moral, social or other forces at play that you feel are crucial for understanding the dynamics of the situation, something to enlighten us?

I have to say, Ed's discourse given me fresh hope for humanity :-p Seriously. Its interesting to me, how someone could maintain trust in people despite interacting with some of these murderers face to face. Or maybe that's why, he has the human perspective.

Mas Triste said...

Senorita,

I didn't challenge you on our imperialistic tendencies; that would be a tough one. Just the "war for oil" stuff.

I read, and did not challenge you on the rest of your post because I agree with you.

You said Because we are essentially animals in a construct of conditioned behavior, lulled into a false sense of security, predators or prey in this Darwinistic urban jungle we inhabit.

I say: That false sense of security is the attachment to our sense of self as superior to the rest of the animal kingdom. We do forget that we are just at the top of the food chain, evolved yes, but still part of the kingdom.

Still an ironic contrast to our inherent "short man's complex".

I had posted and believe that there is a possibility we have the death penalty because we are evolved, not in spite of it.

Kurgan

Didn't mean to poke you in the eye.

ml,

Sorry we bore you. Yeah, Socratic Debate and all that stuff. What a waste of time discourse is. Sheesh.. maybe one day we can get past all of that and lift our Parjanya selves to esteemed minion status.

Anonymous said...

Kurgan,

Not a bore at all. I find it,(the dialogue between Senorita and yourself)refreshing and interesting.

My comment was directed towards the attitude of capital punishment in general.

ml

Mas Triste said...

Ml,

1,000 apologies. My own pretentiousness gets the better of me. Often.

I'll shut up now.

Kurgan

StapletonAndStapleton said...

Senorita said,

"I have to say, Ed's discourse given me fresh hope for humanity :-p Seriously. Its interesting to me, how someone could maintain trust in people despite interacting with some of these murderers face to face. Or maybe that's why, he has the human perspective."

Senorita, This comment is very comforting to me. Thank you.