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Tsarnaev Conviction Puts Death Penalty Opponents in an Awkward Spot
Townhall.com ^ | April 10, 2015 | Jonah Goldberg

Posted on 04/10/2015 7:32:43 AM PDT by Kaslin

How about now?

Are you in favor of the death penalty now?

I ask because the preferred argument from opponents of the death penalty is doubt: We can never be sure; look at all of the people released from death row; we can't afford to risk ending a single innocent life.

None of those arguments apply to Dzhokhar Tsarnaev. He admitted, through his lawyers, that he and his brother murdered three people and maimed 260 others at the Boston Marathon. (A few days later, they murdered a police officer.)

Tsarnaev knowingly left a bomb next to a family on a family outing. Martin William Richard, 8 years old, died. His sister Jane lost a leg. His mother lost an eye.

A half-hour after the bombing, Tsarnaev went to the Whole Foods to buy some milk, and the next day, he wrote on Twitter, "I'm a stress-free kind of guy."

Ever since Rolling Stone's asinine cover story on the murderer, Tsarnaev has become something of a sex symbol for the morally stunted and chronically stupid. If you're one of them, or just someone prone to conspiracy theories who thinks maybe Tsarnaev's confession was coerced, bear in mind that he was captured on video planting the bombs. A jury convicted him on 30 out of 30 counts against him.

In other words, we know he did it. Does he deserve the death penalty?

Wait, before you answer that, consider Michael Slager. He's the North Charleston, S.C., cop who shot Walter Scott in the back as he was fleeing and then allegedly lied about why he did it.

I don't have to say he allegedly shot Scott because Slager admitted that much. I do have to say that Slager allegedly lied because that's probably going to be decided in a courtroom. Slager claimed he was in fear for his own safety after Scott stole his Taser. But it's obvious he lied because the shooting was captured on video. Slager can even be seen apparently moving the Taser to fit his story.

Legally, it's harder to argue that Slager should get the death penalty if convicted. Not all murders are equal before the law. It's unclear how much premeditation, if any, there was in this case. Presumably Slager didn't know Scott before he pulled him over for a traffic stop.

Still, I think you could make a case for the death penalty in cases like this.

The analogy that comes to mind is the wartime military. There are capital offenses for crimes other than murder because the integrity and effectiveness of the armed forces is a priority. We are not a martial society, but I could make a similar argument about police officers who murder and lie about it. Faith in the fairness of the justice system is simply indispensable to a democracy and social peace. Lack of such faith may be why Scott ran from Officer Slager. If so, his mistrust was tragically well-placed.

There's neither the time nor the space to rehearse the whole death penalty debate again. People claim, usually tautologically, that retribution is illegitimate because revenge is illegitimate. Maybe that's true. But it seems to me that what some people call revenge many others see plainly as justice.

Deterrence is often a distraction. Capital punishment clearly doesn't deter every murderer, but does it deter any would-be murder? It seems obvious it must. Deterrence is a red herring because the function of the death penalty isn't simply to scare a would-be murderer with the corpse of a convicted one; it is also to inform an entire society about what we take seriously.

Tsarnaev is, literally, a traitorous, child-murdering cop killer. He became a citizen on September 11, 2012, and by the spring he was plotting to blow up as many Americans as he could. If we can't take that seriously, we can't take anything seriously.

Slager awaits trial and is obviously a less cut-and-dried candidate for the death penalty. But killer cops do more than simply commit murder; they inflict a grievous wound to the integrity of all cops and to the justice system itself.

Slager deserves his day in court. But Tsarnaev had his -- and now he deserves death. It is honorable to oppose the death penalty on moral grounds. But it is dishonorable to blow smoke about uncertainty in other cases when there is certainty in this one.


TOPICS: Crime/Corruption; Editorial; Government; US: Massachusetts
KEYWORDS: deathpenalty; dzhokhartsarnaev; tsarnaev
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1 posted on 04/10/2015 7:32:43 AM PDT by Kaslin
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To: Kaslin

This is not an innocent life. And like Timothy McVeigh, the penalty should be carried out swiftly, in the minimal time allotted. No appeals, no continuances, no postponements, no motions for reversal, all of which would be futile anyway.


2 posted on 04/10/2015 7:38:35 AM PDT by alloysteel (It isn't science, it's law. Rational thought does not apply.)
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To: Kaslin

I really don’t want this POS on earth. I have no problem with the death penalty.


3 posted on 04/10/2015 7:38:42 AM PDT by Sacajaweau
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To: Kaslin

The new narrative of the America Haters is “we shouldn’t lower ourselves to his level by putting him to death”.

And then they also through in the tired old “if we execute him, he will be a marter to the radicals and we’ll make them mad”.


4 posted on 04/10/2015 7:39:09 AM PDT by CapnJack
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To: Kaslin

We don’t want any terrorists kidnapping Americans over the release of this guy.

Execution removes that possibility.


5 posted on 04/10/2015 7:42:39 AM PDT by Paisan
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To: Kaslin

When you’re caught red-handed after scribbling your murderous manifesto in your own blood on the hull of a boat after murdering a policeman who was on the lookout for you in that nationally-high profile terrorist bombing you committed earlier in the day, does it really matter if your lawyer sleeps through the trial?


6 posted on 04/10/2015 7:43:16 AM PDT by The KG9 Kid
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To: Kaslin

Good candidate for death penalty due to the strength of the evidence. Cases relying solely on eye witness testimony and circumstancial evidence are quite dubious, on the other hand.


7 posted on 04/10/2015 7:45:32 AM PDT by fruser1
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To: Kaslin

I say death...if not, bambaboy will pardon him and let him free to do this again....


8 posted on 04/10/2015 7:46:27 AM PDT by HarleyLady27 (Get the USA out of the UN then get the UN out of the USA; send bamaboy back to Kenya ASAP!!!!)
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To: HarleyLady27

That arrogant pos will probably pardon him anyways, regardless


9 posted on 04/10/2015 7:50:59 AM PDT by Kaslin (He needed the ignorant to reelect him, and he got them. Now we all have to pay the consequenses)
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To: alloysteel

Very well said


10 posted on 04/10/2015 7:51:43 AM PDT by Kaslin (He needed the ignorant to reelect him, and he got them. Now we all have to pay the consequenses)
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To: CapnJack

Note that neither of those popular arguments find approval from God in Scripture. Wonder who cooked them up...?


11 posted on 04/10/2015 7:55:25 AM PDT by avenir (I'm pessimistic about man, but I'm optimistic about GOD!)
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To: Kaslin

Give me two seconds and a gun and I would be a stress free guy too.

And as far as the cop goes fry him too.


12 posted on 04/10/2015 7:58:28 AM PDT by longfellow (Bill Maher, the 21st hijacker.)
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To: Kaslin

Mercy to criminals is malevolence to their victims


13 posted on 04/10/2015 8:14:34 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: Kaslin

Drag him into the street, tie him to a stake, smear him in lard, and set him on fire.


14 posted on 04/10/2015 8:18:00 AM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: Lurker
Drag him into the street, tie him to a stake, smear him in lard, and set him on fire.

Not al all. Use the stake in the good old fashioned Vlad Tepes way

15 posted on 04/10/2015 8:35:44 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: Kaslin
This lifelong resident of the Gay State guarantees that he won't get the DP.Yes,some jurors might vote for it but not all 12.
16 posted on 04/10/2015 8:51:53 AM PDT by Gay State Conservative (Obama;A Low Grade Intellect With Even Lower Morals)
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To: Kaslin

I think even the most ardent anti-Death Penalty folks were on board with killing McVeigh.


17 posted on 04/10/2015 8:54:27 AM PDT by dfwgator
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To: dfwgator; All

McVeigh was significantly older than this guy, and I don’t recall that anyone else was said to have had a strong influence over him like the brother might have had in this case. I suspect life in prison will be the call. As has been said here, this is Massachusetts, not a death penalty friendly state.


18 posted on 04/10/2015 9:16:10 AM PDT by gleeaikin
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To: Kaslin

19 posted on 04/10/2015 9:30:55 AM PDT by Albion Wilde (The greatest danger facing our world: the marriage of militant Islam with nuclear weapons.-Netanyahu)
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To: CapnJack
And then they also through in the tired old “if we execute him, he will be a [martyr] to the radicals and we’ll make them mad”.

If we don't execute him, he will recruit other terrorists in prison, or he may escape, or he may kill guards or other men in prison for lesser crimes. If execution was good enough for McVeigh, it's good enough for this cold-blooded assassin.

20 posted on 04/10/2015 9:34:02 AM PDT by Albion Wilde (The greatest danger facing our world: the marriage of militant Islam with nuclear weapons.-Netanyahu)
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