Under What Circumstances is the Death Penalty Applicable
In response to my article 26 Years For Something She Did Not Do From the Evil of Armando Saldate, Jr., reader Quercitin asked: "What is your stance on the death penalty in situations where there is no doubt who the perpetrator was?"
Before we get to the phrase "no doubt who the perpetrator was," let me answer the question as if it is a valid question. I have written in previous articles regarding the death penalty: for child-rapists - I would stuff razorblades up his pee-hole; false accusers in capital cases should be mercilessly beaten to death with socks filled with razor blades and spiked-ball-bearings; murderers in general deserve not only to be executed but should be brutally tortured as well; and in my heart I want murderers to be skinned alive, salted, basted with oil, and then slowly roasted over a roaring fire.
I admit that's what I truly feel. However I also believe that such vengeful, savage, barbaric emotions must be restrained if there is any reasonable doubt as to the guilt of the accused.
If we want to live in a civilized and rational society then execution or any of the punishments I mentioned above should only be meted out if there is absolutely no doubt of the guilt of the accused.
However, it would be uncivilized and quite Islamic to execute someone if there is a reasonable doubt, even 1%, of someone's guilt. After having read over literally thousands and thousands of cases (and by the way, I once even filed a petition for writ of certiorari with the U.S. Supreme Court), I have never read of a case where there is 'no doubt who the perpetrator was.' Never, not once.
No Doubt of Government Wrong-Doing
There is no doubt that we put tens of thousands of innocent people in jail. That's the case of "no doubt."
I have however, read of cases where there is no doubt that eyewitnesses misremembered, were mistaken, were coerced to lie for fear of being prosecuted themselves, fabricated testimony for personal advancement, were given false memories, were influenced by what police told them, etc. The New Jersey Supreme Court recently acknowledged that eyewitness identifications are worth crap as evidence.
I have however, read of cases where there is no doubt that police fabricated fingerprints, forced witnesses to lie, hid exculpatory evidence, ignored the true perpetrators because it was easier to convict an innocent person, protected their informants from suspicion, and even committed perjury on the stand to further their own careers.
I have however, read of cases where there is no doubt that prosecutors were guilty of misconduct, withheld exculpatory evidence from the defense, threatened witnesses to testify against the defendant, suborned perjury, lied to grand juries, instructed police to intentionally avoid pursuit of evidence that aids the accused (itself a criminal offense), and other high crimes.
I have however, read of cases where there is no doubt that scientific evidence was fabricated, manipulated, staged or manufactured against the accused. The National Academy of Sciences found that even FBI Forensic Analyses are worth crap as evidence.
I have however, read of cases where there is no doubt that juries during trial were asleep; were inattentive; researched the case through broadcast and newspaper accounts; disregarded judge's instructions; prejudged the accused; discussed the case with relatives, friends, or the media; and were not impartial in their deliberations.
I have however, read of cases where there is no doubt that confessions were false, fabricated, or forced.
To be clear - O.J. Simpson in my opinion is 100% guilty - however I am not talking about being 100% guilty - I am saying I have never read a case where there is no doubt of guilt as presented at trial.
So dear reader, mention in the comment section any capital case you may think shows absolutely no doubt and I will point out to you the flaws in the trial.
Help Free the Innocent Click here to donate to the Innocence Project which works nationwide to free the innocent and reform our criminal justice system. I receive no compensation for this plug.
Speaking of being guilty, in the photo above we see Evan Rachel Wood who is indeed 100% guilty of being overly sexy and should be spanked by me as punishment.
Photo credits:
Creative Director: Frida Giannini / Gucci
Creative Director: Riccardo Ruini / REM Ruini e Mariotti
Produced: Think Cattleya / RSA Films in 3-D
Director: Frank Miller
Stars: Evan Rachel Wood, Chris Evans
