Skip to comments.THE ESSENTIAL NEED FOR CAPITAL PUNISHMENT
Posted on 03/03/2006 4:27:53 PM PST by MrBallroom
THE ESSENTIAL NEED FOR CAPITAL PUNISHMENT
by Timothy Rollins, Editor and Publisher
March 3, 2006
WARNING: This DOUBLE-LENGTH article contains material that is brutally and even horrifically graphic. This is not recommended reading for children, those with weak stomachs, or those whose sensitivities may be destroyed by so doing. Neither this author nor The American Partisan will be considered liable for either the contents of this article or the reaction of its readers to viewing, reading or hearing it. Think it over VERY CAREFULLY before deciding to proceed past this point.
If there was ever a case begging for capital punishment-despite phony cries of wrongful execution since executions were reinstated in 1976-there is nobody in America that screams to be put to death, and violently at that, as does accused murderer Steven Avery (pictured, right).
The catch, however, is Wisconsin is one of 13 states that prohibits execution, the ultimate penalty for commission of the ultimate crime. Just as Wisconsin had to deal with homosexual cannibal-turned-serial-killer Jeffrey Dahmer, they are now forced to deal with Steven Avery. Unlike Dahmer who had numerous problems with police before he was finally caught, Avery only had one previous felony scrape with the law before serving 18 years in prison for a rape that DNA later proved he did not commit. Once cleared and released, Avery immediately filed a multi-million dollar lawsuit in federal court against both the County and the State for wrongful incarceration.
Upon his release from prison, all Avery had to do was go about his life in the family scrap business and he would in all likelihood have been left alone. Unfortunately, for 25-year-old Teresa Halbach (pictured, left), who had gone out to Avery's trailer to do a photo shoot of a car Avery was selling last October 31st, it turned out to be a Halloween movie from Hell coming to life.
Having done previous photo shoots for Avery in the past, Teresa had no reason to be fearful or apprehensive in visiting Avery at his trailer on the lot of the family's salvage business. Tragically, for Teresa and her family, that was the last time she was seen alive.
Avery's nephew, 16-year-old Brendan Dassey (pictured, right), had been interviewed numerous times by police. This was because of inconsistencies in his story, and because police suspected he knew far more than he was letting on. Detectives again interviewed Dassey on Monday February 27th, during which Dassey said something that had him brought back in for a "hard interview" on Wednesday March 1st, the results of which had Dassey giving a detailed confession to the crimes that took place, and of both his and Avery's roles in the killing.
According to the Calumet County District Attorney, this is what happened: Dassey went to Avery's trailer to hand off some mail to his uncle. On arrival, he saw Avery was partially dressed and sweating a great deal. Avery had his nephew come inside and was taken to the back bedroom where he saw Teresa Halbach handcuffed, shackled in leg irons, and completely naked, as Avery had just finished raping her. He then 'invited' his nephew to also rape Teresa. Dassey repeatedly ignored Teresa's cries for help before she was raped a second time, and again ignored her cries to stop while he was raping her, and just went ahead and 'pleased' himself and his uncle.
After Dassey raped Teresa, Dassey and Avery sat back and watched television with Avery telling his nephew that he was 'proud of him.' Avery informed Teresa that he was going to kill her, and invited his nephew to assist, which Dassey obliged by cutting Teresa's throat. Yet that didn't kill her.
After their 'television break' was over, the two of them stabbed Teresa before Avery strangled her. They then took her body out to the garage where Avery shot her 10 times with a .22 caliber rifle. Teresa's body was then tossed onto a burning fire pit. To cover her body up-or in an attempt to destroy the evidence - they piled on tires, brush, a car seat and a wooden cabinet. Once that was done, they concealed Teresa's vehicle, Avery removed her license plates, which were found crumpled in another car on the property, and hid her car key in his bedroom.
The fact of the matter in this case is simple. I don't give a damn what the liberal mindset may think. I am sick and tired of their cries of how execution constitutes 'cruel and unusual punishment' - in violation of the Eighth Amendment - when the fact of the matter is, it is the victims that receive cruel and unusual punishment, and in almost all cases, it was undeserved. Say what you want, but any punishment less than a pay-per-view televised execution of Steven Avery will not even come close to giving the word 'justice' any meaning. And Avery should be executed in much the same manner as Teresa Halbach died; raped, throat cut, stabbed, shot, and in an act of final defilement, burned alive.
What Wisconsin needs to do is follow the leads of North Dakota and Minnesota in how they handled Alfonso Rodriguez Jr. (pictured, left) Remember him? A Level 3 Registered Sex Offender - an outright predator deemed most likely to re-offend - as not in if, but in all likelihood when, Rodriguez was released from prison after serving 23 years in prison for aggravated rape and attempted kidnapping, and was out of the joint only five months when on November 22, 2003, he kidnapped, and later raped and murdered University of North Dakota student Dru Sjodin (pictured, right). The 21-year-old coed was later found-across the state line - on April 17, 2004, during the following spring thaw near a golf course outside of Crookston, Minnesota.
In Rodriguez's case, because Dru was taken across state lines - and also because neither North Dakota nor Minnesota have the death penalty - they turned that piece of human waste over to the United States Attorney in order that the federal death penalty could be sought for Rodriguez. Last I checked, Rodriguez's claim of racial bias in the federal death penalty was dismissed by the judge in his pending trial. Checking out federal executions in the last 42 years-all of which occurred in the last five-we find that three men, one White, one Hispanic, and one Black man have been put to death for capital crimes, thus making it a punishment that is truly an equal opportunity avenue of justice.
If embattled Wisconsin Attorney General and convicted drunk driver Peg Lautenschlager wants to have any hope of winning another term in Madison, she will confer with her successor at her last job, the United States Attorney for the Western District of Wisconsin in Madison, and see if Avery is eligible for federal prosecution for murder under the Violence Against Women Act. Should Avery be bound over for trial in federal court, then the government must have a change of venue granted to the Northern District of Illinois-or better yet, Indiana-in order to secure the death penalty.
Why Illinois or Indiana? Because I have been told by senior cops in Wisconsin as well as by attorneys, that because of the prevalence of the Catholic and Lutheran Churches in the state-both of whom oppose the death penalty under any circumstances-and the large number of their faithful adherents statewide, that no jury in Wisconsin would ever impose the death penalty. Illinois or Indiana on the other hand, would have no compunction about sending a deserving candidate to his or her death.
Some may call the above statement religious discrimination; as a rule of law, it would not apply in this case. Why? During Voir Dire (jury selection) for a capital case, prospective jurors are asked whether they have any ethical, moral, personal, religious or other objections in sentencing a person to death. If the death penalty is being sought and a prospective juror is seen as even slightly hesitating on this issue, it is grounds for dismissal from that jury before trial even begins.
The change of venue to another state in a federal case is not without precedent. Oklahoma City bomber Timothy McVeigh's lawyers argued that an unbiased jury could not be found locally, because so many people were either injured, killed, or knew someone who had been directly affected by that act of domestic terrorism. The result of that argument was McVeigh's trial being moved to Denver, where he was convicted in 1997, and in 2001, became the first federal prisoner executed in the United States in 38 years. Avery should join the ranks of McVeigh, Juan Raul Garza who was executed about a week later under the drug kingpin statute, and retired Army Master Sergeant Edward Jones, who was executed in March 2003 for the 1995 rape and torture murder of 19-year-old Army PFC Tracie McBride at Goodfellow Air Force Base in Texas.
For those who think innocent people get executed in this day and time, that is simply not true. Given that appellate courts and the Supreme Court have mandated a standard of 'super due process' in cases where the ultimate sanction is handed down to society's most violent predators, no innocent person in the modern American era has been executed. An excellent article to read on this matter is "We're Not Executing the Innocent" by Paul G. Cassell, a former professor at the University of Utah College of Law, and who now serves as a federal judge in Salt Lake City. A copy of this article which first appeared in The Wall Street Journal on June 16, 2000 (p. A14), can be found here.
Like Avery, Dassey will also be tried as an adult. Because Dassey is only 16 however, he is ineligible for execution and was deemed 'merely an accessory' to the murder, and should thus receive a life sentence without any possibility of parole. At this level of crime, there is no rehabilitation possible. The kid is a done deal.
Perhaps now the Wisconsin Legislature will visit the issue of both capital punishment and establishing a Court of Capital Appeals (an idea previously espoused in this column for expeditious appeals and executions) as the lack of such laws at present only encourages - and even gives license - for the worst of society's bad apples to prey upon the innocent and law-abiding. Given that we in Wisconsin live in one of the nation's worst tax hells, it's long past time that we started getting our money's worth from the criminal justice system. ***
© 2006 Timothy Rollins
A veteran freelance writer, Timothy Rollins brings a wealth of political experience dating back more than 33 years, and military experience going back more than 29. He is a freelance writer and policy analyst living here in Milwaukee who has been featured on both television and radio. He has appeared both in online publications as well as in print newspapers such as the Milwaukee Journal Sentinel, USA TODAY, the Deseret News in Salt Lake City and the Daily Herald in Halifax, Nova Scotia. He can be reached by e-mail at firstname.lastname@example.org. ***
COPYRIGHT © 2006 BY THE AMERICAN PARTISAN
All writers retain rights to their work.
As long as there is still Multi-Level Marketing, and Carrot Top roams the earth, I will remain a supporter of the death penalty.
No, it should be called, "THE ESSENTIAL NEED FOR A TORTURE PENALTY".
The death penalty ought to be applied liberally. VERY LIBERALLY.
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")
What Does the Bible Teach
on this Vital Subject?
1. Instituted by God Himself
Capital punishment was instituted by God Himself after the worldwide flood. We learn of this in Genesis 9:6--"Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man." This verse speaks of a murderer, one who knowingly and violently sheds another man's blood, resulting in death. God here gives man the authority and the right and the duty to put to death the murderer: "by man shall his blood be shed." The reason given for this is based upon the value and sacredness of human life: "for in the image of God made he man." In this case we have justice being carried out according to the rule: "life for life, eye for eye, tooth for tooth" (Exodus 21:23-24). The penalty should fit the crime. In this case the crime is murder and the penalty is death. Notice that Genesis 9:6 was given to man even before the law of Moses was given.
2. "Thou Shalt Not Kill"?
Capital punishment is not a violation of the sixth commandment which says, "Thou shalt not kill" (Exodus 20:13). The proper translation of this verb is "Thou shalt not murder." See modern translations (such as the NASB, the NIV and the NKJV) and also see Matthew 19:18 in the KJV. All murder is killing but not all killing is murder. Some examples of killing that would not be considered as murder are as follows: a) killing the enemy in war (Bible examples: David killing Goliath, Joshua and the Israelites when they conquered the land); b) a husband, discovering a man about to kill his wife and/or children, protects and defends his family by having to kill the attacker; c) a policeman who kills in the line of duty in order to protect innocent life; d) the person carrying out capital punishment, such as the man who must pull the switch for the electric chair; e) accidental killing, when the killer never intended to take someone's life. We should also note that the Lord Jesus Christ Himself will "judge and make war" at His second coming resulting in countless numbers of deaths (Rev. 19:11-20).
3. Crimes Punishable By Death
We are assured that capital punishment is not a violation of the 10 Commandments. This is evident when on Exodus chapter 21 (the 10 Commandments are found in chapter 20). In chapter 21 we learn that God in His law demanded the death penalty for a number of crimes such as murder, kidnapping, cursing parents, etc. See Exodus 21:12,15,16,17. See also Leviticus 20:10-17 for other crimes punishable by death in the law of Moses.
4. The Executioner As God's Servant
In New Testament times we find that capital punishment was still being practiced. In Romans 13:4 we learn that God has given human governments the authority to execute wrath upon evildoers by means of a sword (a common instrument of capital punishment in New Testament days). The Apostle Paul was living in a day when capital punishment w commonly practiced in the Roman empire (quite unlike our day), and yet he does not condemn this practice. On the contrary he describes the person who bears the sword as being God's servant. Thus the one punishing the person who does evil does so in the exercise of God's delegated authority.
5. An Effective Deterrent
Capital punishment, when consistently practiced, is a very effective deterrent to crime. This is because the fear of death is the greatest fear that man has (see Hebrews 2:14-15). Because death is the king of fears, a man will think twice about committing a crime if he knows it will cost him his life. He will be much less reluctant to murder someone if he knows that the worst that could happen to him is to stay in jail the rest of his life with meals provided, television to watch, etc. When swift justice is carried out then "those who remain shall hear, and fear, and shall henceforth commit no more any such evil" (Deut.19:20). When the right penalty is not executed speedily, then this is an encouragement to crime (see Eccles. 8:11).
6. Cruel and Inhumane?
Isn't capital punishment very cruel and inhumane? Death is usually not pleasant to witness, and certainly those responsible for putting a criminal to death do not have an enviable task. Nevertheless we need to be careful that we do not focus on the criminal and forget about the victim of the crime. Cold-blooded murder is very cruel and inhumane. Forcible rape is very cruel and inhumane. Hijacking an airplane and endangering the lives of many innocent people is very cruel and inhumane. Pushing life-destroying drugs is very cruel and inhumane. In our zeal to protect the criminal we have lost sight of the terribleness of the crime. Regardless of a person's position on capital punishment, all would have to agree that if a murderer is put to death, he will never murder again. It is remarkable that those people who decry capital punishment as being a cruel and inhumane method of destroying people's lives are often the same people who are strongly in favor of abortion rights. Why does a guilty murderer have a greater right to life than an unborn child?
7. Paul's Own Testimony
What did the Apostle Paul think of capital punishment? Did he consider it to be unfair and cruel and inhumane? We have already considered Paul's teaching in Romans 13, but we should also make note of what the Apostle said in Acts 25:11: "If I be an offender, or have committed any thing worthy of death, I refuse not to die." Paul knew that there were certain crimes that were worthy of death, and he knew that those guilty of such crimes must be executed. If he was guilty of such, then he would not refuse to die. He would submit to capital punishment if he had done deeds worthy of such. Of course, Paul was innocent of any such crimes, and yet he was eventually executed under Nero. For what crime? For preaching the gospel of the grace of God!
8. Bright Barbarians
Even uncultured men know deep down in their hearts that certain crimes demand the deat This is illustrated in Acts 28 when Paul was shipwrecked upon the island of Melita (Malta) where he met a group of kindly barbarians (v.1-2). As Paul was gathering sticks for the fire, a deadly venomous snake bit him on the hand. Normally such a bite would be fatal in a matter of minutes. When the natives saw this they said, "No doubt this man is a murderer, whom, though he hath escaped the sea, yet justice alloweth not to live" (v.4). These natives saw what they thought was the penalty (death) and thus they assumed the crime (he must be a murderer). They soon learned that they were mistaken, but the point is that these barbarians had a built in sense of justice and they knew that murderers should pay for their crime by death.
9. The Testimony of a Thief (Robber)
In Luke chapter 23 we have the honest testimony of a man who was being put to death for crimes he had done. This was capital punishment by means of Roman crucifixion. This man was an evildoer, he was arrested, and he was found guilty of crimes worthy of death. Modern methods of execution are generally very mild and painless as compared to Roman crucifixion. What did this man think of capital punishment? Was he opposed to it? Did he consider it to be cruel and inhumane? Did he think it to be unfair and unjust? Here is his testimony (his words to the other condemned criminal): "Dost thou not fear God, seeing thou art in the same condemnation? And we indeed justly; for we receive the due reward of our deeds" (Luke 23:40-41). In other words, he was saying, "We are getting exactly what we deserve: death by crucifixion. What we have done is worthy of death!" Before men and before human government most of us are not guilty of crimes worthy of death. However, before a Holy God every one of us needs to recognize that we have done certain things that are worthy of death (see Romans 1:29-32; 6:23a). As the Old Testament says, "The soul that sinneth, it shall die" (Ezekiel 18:4). How thankful we should be that our Lord Jesus Christ suffered the death penalty for us: "But God commendeth his love toward us, in that, while we were yet sinners, Christ died for us" (Rom. 5:8).
10. The Death of an Innocent Man
If capital punishment is practiced, would not there be times when an innocent man is pronounced guilty and put to death? Yes, this is true. Our judicial system is far from perfect and there are times when the guilty are justified and the innocent are condemned (compare Deut. 25:1). Even without the death penalty, it is true that occasionally some innocent men are sent to prison even for life. We must remember that there is in heaven a true and righteous Judge who sees all and who knows all and who someday will make right all that is wrong and will straighten out all that is crooked. In eternity, all will be corrected (see Luke 16:25 for an example of this). The greatest example of an innocent man being put to death is that of the Lord Jesus Himself, "who did no sin, neither was guile found in his mouth" (1 Pet. 2:22). The only sinless Man who ever lived was condemned to death by crucifixion! As we think about Christ's death, we must remember that it was for our sins that He suffered and bled and died (1 Cor. 15:3; Rom. 5:8). "For Christ also hath once suffered for sins, the Just (the Righteous One) for the unjust (the unrighteous ones), that he might bring us to God" (1 Pet. 3:18). We are the guilty ones who deserved the death penalty (Rom. 6:23), but Jesus paid it all! He died so that we might live (John 5:24)!
The Middletown Bible Church
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Best administered at the occurrence of the crime by the soon-to-be-dead innocent victim, but given that (usual) impossibility...
Talk about defecating your life down the drain - Avery had it made once he was released from prison. He could have gotten at least a couple million settlement from the county and lived happily ever after. But nooooo....
Absolutely agreed. Even when they receive life imprisonment they sometimes kill even in prison. It was just such an incident that convinced me in college to support the death penalty.