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Unjust

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To claim that the death penalty is just involves ignorance of the concept of what is "just". While there are several definitions of the word, the most commonly applied involves applying a doctrine of fairness, or conformity to a sense of what is morally correct. The intentional taking of a human life is never morally correct or acceptable on either religious or philosophical grounds. As a nation founded on Judeo-Christian principles, capitol punishment is specifically prohibited in the 10 Commandments. Rather then serving in the capacity of fair and equitable retribution for an alleged inhuman or horrific act, it is a barbaric practice that appeals to a sense of schadenfreude and to a sadistic sense of blood lust.

One of the inherent dangers of capital punishment is the possibility that a person may be executed for a crime that they didn't actually commit. Since the reinstatement of capitol punishment in this country, 131 people have been released from Death Row nationally. Some of these have been released on DNA evidence that was unavailable or impossible at the time of the individual's conviction and sentencing. Many were released due to procedural or technical errors. It is impossible to pardon a corpse. As criminal trials are frequently courtroom dramas that involve the manipulation of perception rather than presentation of irrefutable fact, do we have the moral right to base such an irreversible decision on subjective evidentiary process and perception?

That the death penalty is discriminatory is irrefutable. The mentally ill, the poor, males, and racial minorities are all disproportionately represented in death row populations. This is due to their inability to afford adequate or competent legal representation, the procedural bias that capitol punishment is given in the judiciary process, and the prejudice and bigotry inherent to given geographical areas against either the poor or racial minorities.

The government having the authority and capability of executing people violates our constitutional guarantee to the inalienable right to life, liberty, and the pursuit of happiness. Ordered execution is a practice that has been abused and misused by authority figures all throughout history. It has historically been a favorite mechanism of tyrants to squelch opposition or criticism from either political foes or by the masses in response to dictatorial edicts that were contrary to either the wishes or the best interests of the masses. As recipients and defenders of the constitutionally guaranteed right to life, are we in a morally defensible position where we can adjudicate who that right applies to?

Learn more about this author, Victor Mikulin.
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