Cardinal Dulles is fabulous. Superb writer and speaker on this and other topics. QUOTE]
Thank you for the link. I have read that article before, and I just read it again, at yoiur suggestion. A very good article, and like you say, clearly a very intelligent and eloquent writer and speaker (I will look for the video clip as well). Cardinal Dulles offers a very well-written commentary on capital punishment as a whole and, it seems clear, is not convinced of the US’s application of it… please consider the bottom half of the article:
The death penalty, we may conclude, has different values in relation to each of the four ends of punishment. It does not rehabilitate the criminal but may be an occasion for bringing about salutary repentance. It is an effective but rarely, if ever, a necessary means of defending society against the criminal. Whether it serves to deter others from similar crimes is a disputed question, difficult to settle. Its retributive value is impaired by lack of clarity about the role of the State. In general, then, capital punishment has some limited value but its necessity is open to doubt./
QUOTE]
Also, he addresses in more detail the 4 main aspects of capital punishment above this paragraph.
At one point, he references the powerful results of a study conducted by Columbia Law School. The link to the study is below and definitely worth a look:
www2.law.columbia.edu/instructionalservices/liebman/
I must confess that I, myself, do not know what the solution is. I agree that appeals for convicted criminals result in a drawn out process. But does the fact that the process is a lengthy one mean they should have no right to appeal their conviction because it takes too long?!
And I hesitate to agree that my usage of the word “should” actually means “theoretically”. Instead, I use “should” to mean “ideally”. I prefer to consider myself to strive for the ideal on moral matters rather than theorize.
We, unhappily, do not live in an ideal world.
Believe it or not, I actually got into a formal debate once on this very subject of capital punishment. The “anti” side was talking about the “torture” that prisoners experienced as their appeals wended (right word?) their way through the courts. BUT the appeals, I argued, were generated BY THE PRISONERS. Not by the penal or judicial system.
The issue here is HOW TO WE PROTECT THE LIVES OF INNOCENT PEOPLE.
I would suggest the gross failure that the prison system with the idea of general populations which allows roaming prisoners to prey on one another (same sex forcable anal rape, for example. Or murder. Or beatings, extortion, maiming, for other examples.)
So we need something better… clearly.
But the idea of absolute solitary confinement has been outlawed by the judiciary.
So… vote Republican so that liberal judges can be gradually removed from the system and conservative judges gradually introduced into the system. Right now a lot of judgeships are being blocked by liberal/Democrat Senators.