It makes sense to me that human beings can reasonably comprehend who is dangerous and likely refractory to reform, and who isn’t, and the measures necessary (if unfortunate) to prevent their further preying on the innocent.
Let me repeat that I do not favor the death penalty. I oppose it because Pope JPII did, and I do so out of respect for him. Nevertheless, I don’t think we know everything he thought about it, and he didn’t explain his statement that the necessity for the death penalty is “rare if not non-existent”. What did he mean by that? We don’t know. One might assume, as I do, that he thought modern societies could afford the kind of absolute maximum security provided in the federal supermax prisons. If so, then that should be the focus of endeavors of those who oppose the death penalty, not prohibiting it absolutely before reasonable security can be accomplished.
Most murderers are not recidivists. Everybody knows that, and very few murderers are executed. But there are some killers whose viciousness and sociopathology is unrelenting and obvious. Brewer appears to have possibly been one of those. He said he not only did not repent but would do it again if he had the chance. He was a member of a racist gang that carries out murders and assaults in prison and outside. What else does one need to know in order to understand that those with whom he might come into contact in the future, including other prisoners, need protection from him but wouldn’t get it the way prisons are constituted presently?
I don’t know a whole lot about Davis, but the way his crime unfolded (began with him and his partner pistol whipping a homeless man, seemingly for their own entertainment) it would not be all that incomprehensible that a jury might consider him a serious future danger to humanity. Obviously the jury thought it, as well as the numerous people who actually (and dispassionately, one assumes, in the cases of reviewing judges) reviewed the evidence.
It is all very well for people who are ideologically opposed to the death penalty or who think every conviction of a black man is a manifestation of American racism, to pick this piece of information or that and paint a picture of possible innocence with them in Davis’ case. (Few seem to oppose Brewer’s execution.) It is another for an unbiased jury (mostly black in Davis’ case) and later judges to review all of the evidence from start to finish.
If some want the innocent to bear the risk and burden of having in their midst the totally vicious and incorrigible, and who have amply demonstrated it, then that’s their judgment. But, under the current circumstances, they at least need to acknowledge that’s the nature of their decision. We more highly value the life of a vicious and dangerous person than we do the safety (and perhaps lives) of the innocent whom he is highly likely to victimize in the future.