Archive for the 'Capital punishment' Category

Decency evolves

The Supreme Court has struck another small blow against the savage madness that is capital punishment.

One way I know I’m not a conservative: when I read Anthony Kennedy’s reference today to “evolving standards of decency”, I got a chill of satisfaction down my spine. My conservative friends argue for the timelessness of standards, of an enduring natural law written in our hearts. I am grateful that by the most tenuous of threads, that of a single life, the balance of our Supreme Court remains in the hands of those who believe that our ancestors did not always know best, and that what was good and prudent in the past may be shockingly immoral in the present.

Hurrah for Justice Kennedy. The wisdom of blocking the disastrous nomination of Robert Bork 21 years ago is proved right again.

Capital punishment, war, abortion, consistency, and the obvious absence of coffee.

In my post below on Kevin Cooper (whose execution in California was stayed overnight by the Ninth Circuit, a stay that was upheld by the Supremes), I linked to the Save Kevin Cooper website. XRLQ pointed out, correctly, that I seemed to be making two separate arguments for sparing Cooper — one based on doubts about his guilt, the other based on a blanket opposition to capital punishment. While the arguments can be complementary, of course, I realize that the first argument is actually irrelevant for me as a Christian. Heck, in my as of yet not fully awake state, I repent of having made it at all.

If we put time and energy as anti-death penalty activists into questioning the guilt of those on death row, we imply that we believe that capital punishment can be appropriately applied to the truly guilty. The historic position of Mennonites (which I mentioned below) has generally been that the death penalty is never appropriate, regardless of the guilt or innocence of the condemned person. To my mind, Cooper’s execution is fundamentally immoral, and I will grieve his judicial murder (should it in fact still take place, as it may well) without giving a moment’s thought to whether he actually committed the crime. Is that willfull ignorance on my part? Perhaps. But the tragedy of capital punishment is not that it sometimes is applied unjustly, it is that that capital punishment is inherently unjust.

Most Mennonites don’t debate whether wars are “just” are not, because (thank the good Lord) we believe all wars to be inherently “unjust”. The whole notion of a Just War tradition may be an interesting and fascinating intellectual exercise to us, but ultimately, when people kill people, we pacifists tend not to be too concerned with the rationale behind that killing. We reject the Just War tradition entirely in favor of an ethical pacifism that bravely (perhaps stubbornly) refuses to acknowledge the delicate distinctions that our fellow Christians make. That radical consistency also applies to our feelings on capital punishment.

But here is where my liberal friends will leave me: though I remain conflicted in my own mind as to how best to work to end abortion, I am convinced that the “rape exemption” is equally intellectually and spiritually untenable. Just as the guilt or innocence of Kevin Cooper is irrelevant to my opposition to his execution, so too are the circumstances of the conception of the preborn child irrelevant to the question of that child’s right to be born. I cannot even begin to imagine how traumatic it must be to carry a child conceived in violence to term. The fact that it must be unspeakably difficult and tremendously painful does not mean that it is not the fundamentally right thing to do. (How long before they pull me out of my classroom and tell me I am not fit to teach Women’s Studies — my favorite class — any longer?)

These are radical arguments. To most, they seem simplistic and easy. I once held far more nuanced positions, positions that I thought were reflective of my recognition of the complexity of situations like abortion, war, and capital punishment. But maybe sometimes, folks, the way of the cross isn’t as subtle as we highly educated western Christians think it is. Of course, it’s early morning, and this insufficiently-caffeinated fellow could be totally wrong.

Kevin Cooper

California plans to execute Kevin Cooper next Tuesday, despite the fact that at least five of the 12 jurors in Cooper’s trial have called for a reprieve. The facts of the case are summarized on the Save Kevin Cooper website.

For those who are interested, here is the Mennonite Church USA’s official position on capital punishment, which calls for the immediate abolition of the death penalty. I like this phrase from our 2001 resolution:

We acknowledge the deep grief of families of murder victims and victims of capital punishment laws; hold them in our prayers; and commit ourselves to walk with them…

For Mennonites, all those who are executed, guilty or innocent, are “victims of capital punishment laws”. I am moved by the way that without distinctions, my church lifts up in prayer all of the dead and those who grieve for them. Some critics might say it is just bleeding-heart liberalism masquerading as the Gospel, but I think not. I’m in the right place.

Madness

In an unusually cruel and heart-rending fashion, Ohio executed a mentally retarded inmate named Lewis Williams yesterday morning, in front of his sobbing mother. The appalling and upsetting CNN story is here.

In related news, my beloved Feminists for Life has revamped their website. As part of that revamping, they have removed any mention of their historic anti-capital punishment position. While the original FFLA was part of a consistent-life, seamless garment approach to violence and killing, it has begun to focus exclusively on abortion. Though I understand why, I always grieve when the “life” issue is framed so narrowly. I may pull my financial support (I am a monthly donor), and give it instead to an organization that does not prioritize its opposition to the taking of human life, such as the small but fine Consistent Life Network or Common Ground for Life.