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April 14, 2007
Readings and questions for April 19 on impact on victim's family
Jim Rogowski and Brandon Crunkilton have provided these readings, along with a few questions for Blog discussion, in conjuction with their coverage of victim impact issues:
- U.S. News and World Report, 1997, "The Place for Vengeance"
- Journal of Family Law (excerpt), 1997, "An Argument Against Allowing the Families of Murder Victims to View Executions"
Questions for Blog Discussion:
- Do you personally believe in the death penalty?
- If a member of your family were murdered, would you want their attacker executed?
- Would you want to witness the execution?
- Even if you would not personally want to witness the execution, do you think other victims' family members should be allowed to witness the execution?
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I will answer the questions in order presented:
(1) No, at least on the abstract level. I have to say that Professor Berman has achieved his goal in making us question our positions. While I started this class not 'believing' in the death penalty and continue not to do so, I question my position a lot more now. I had to think a lot more before answering this question this time than when beginning this class.
(2) This is a harder question to answer. On a 'rational' level, I would say that I wouldn't want the attacker/murderer executed. Yet, in reality, I, like most people, would likely be so infused with anger that I would actually want to see the person suffer greatly by receiving the "ultimate" punishment. I think we all want to believe we are beyond such primal responses, but I think we all must question whether we really are.
(3) (I'm assuming this is a continuation of question 2.) I would likely want to "witness" the execution in the context of being physically in the viewing area, but I don't think I would actually be able to watch the execution happen in all its horrible detail. There’s something cathartic about being close enough to watch if I want, but not so close that I couldn’t turn my head away.
(4) Yes, definitely. I think it should be left up to each person's prerogative regarding whether they want to witness an execution of a family member's murderer. I don't think the State should in any way restrict that "privilege." The fact that one person may not want to witness an execution should not trample another person's choice to do so. Such an important issue as this is a purely personal question that should not be made by an outsider.
Posted by: Jeff M. | Apr 15, 2007 7:20:11 PM
1. Do you personally believe in the death penalty?
I am not sure what I think about the death penalty. I think conceptually there may be some legitimate reasons to execute someone, but I think the modern death penalty is administered in such an unfair manner that I tend to be against the death penalty altogether. The more I have learned about the death penalty in this class, the more against it I have become. I think this is a result of learning more about the disparities in application. I am not an outright abolitionist, but I think things need to change to make me more comfortable with the idea of executing anyone.
2. If a member of your family were murdered, would you want their attacker executed?
No. It is hard to say how I would feel in such a situation, but I think I would want that person to live with the decisions he/she made. I don't think I would get any satisfaction out of someone else's death. It wouldn't bring back the life I lost.
3. Would you want to witness the execution?
Definitely not. I can't even imagine how painful it would be to have to face someone who killed someone in my family. I think that would haunt me forever and I would much rather get closure in some other manner.
4. Even if you would not personally want to witness the execution, do you think other victims' family members should be allowed to witness the execution?
Yes, I would be in favor of allowing a victim's family to witness the execution. If that would help to give someone who is grieving closure, then who am I to stop it? I don't see any harm in allowing them to witness an execution.
Posted by: Caitlin D | Apr 16, 2007 11:34:31 PM
1. Do you personally believe in the death penalty?
No - At the very outset of the course, I was pretty certain I was an across-the-board no on the death penalty, but not having been properly immersed in the subject, I was holding open the possibility that it might be acceptable in some circumstances. Through the course, my original view has been slowly solidified.
2. If a member of your family were murdered, would you want their attacker executed?
No - the easy answer for a person against the death penalty, right? I'd be lying if I said I knew for certain that if a member of my family were murdered, I would not desire on some level to see that person executed. I hope that my reasons for rejecting the death penalty now - when I'm not faced with that tough question - would prevail in my mind if that ever happened.
3. Would you want to witness the execution?
N/A(ish) - If I had said yes to question 2, I would probably say yes here.
4. Even if you would not personally want to witness the execution, do you think other victims' family members should be allowed to witness the execution?
Yes - is it wrong of me to answer this one, given I don't believe in the death penalty? Well, I love the internet and the ability to speak freely (because I not only love the sound of my own voice, but also the sight of my own typed words), so I'll answer anyway. Absolutely if family members wish to witness the execution - and believe that is part of the closure they need - why should they be forbidden? Heck, all executions should probably be public for a variety of reasons.
Posted by: Brett T. | Apr 17, 2007 1:40:54 PM
1. Do you personally believe in the death penalty?
No. I didn't before I started the class, and the procedural nightmare that is the current death penalty jurisprudence makes my conviction stronger. As Prof. Berman has stated, a broken system isn't a good reason to be against the death penalty - but since I am against it anyway, it seems a huge waste of resources to "tinker with the machinery of death" - when more important parts of the criminal justice system could be impacted instead.
2. If a member of your family were murdered, would you want their attacker executed?
No.
3. Would you want to witness the execution?
No.
4. Even if you would not personally want to witness the execution, do you think other victims' family members should be allowed to witness the execution?
I think of course the family should be allowed to witness the execution. I agree that any adult who wants to witness the execution should be allowed to. It seems to me to be strange that if court proceedings are all public, once the defendant is found to be guilty, what the state does with him or her is suddenly off limits? Of course the entire public can't be present, but at least there should be video records for folks to access.
Posted by: Kristin | Apr 17, 2007 2:24:43 PM
1. Do you personally believe in the death penalty? No; and really not for any other reason then I just fundementally don't believe that the State/government has the right to take away life. Too much government power for my comfort level.
2. If a member of your family were murdered, would you want their attacker executed?
Obviously this will not reflect my answer in #1, but I think that yes, I would want him/her killed if death was still an option.
3. Would you want to witness the execution?
Yes. To allow me some closure.
4. Even if you would not personally want to witness the execution, do you think other victims' family members should be allowed to witness the execution?
Yes. It is a final sense of closure and finality to a long process of grieving, trials, appeals, etc.
Posted by: Caitlin C | Apr 18, 2007 9:28:40 AM
1. Do you personally believe in the death penalty?
not even a little
2.If a member of your family were murdered, would you want their attacker executed?
it would go against every principle i hold dear.
3.Would you want to witness the execution?
nope
4.Even if you would not personally want to witness the execution, do you think other victims' family members should be allowed to witness the execution?
no, i dont think our society's bloodlust should be indulged.
Posted by: Kelly | Apr 18, 2007 1:33:32 PM
1. I do not. Life is sacred and no person should decide who deserves to live or die. Many of the unfairness/arbitrary enforcement arguments still grab me, but my position boils down to the ethical/moral/religious/whatever you would like to deem it point that people don't get to choose which people are worth so little that they don't deserve to live.
2. Although I could see someone reacting personally with rage and initally wanting to see the person killed, I would hope that my sense of reason would eventually return and I would stick to my position that the state should not kill the person. I would rather the person sit in prison for the rest of his life.
3. I would not want to witness the execution.
4. This is a tough one, because I recognize the value in making executions public. It seems, however, that allowing victims' family members to witness the execution seems to play to the anger and rage that fuel the death penalty. I have trouble believing that watching another person killed will help a relative find healing more than knowing that that person is in jail for the rest of his life. I haven't been in this position though, so I can't say for sure.
Posted by: Kurt | Apr 18, 2007 4:14:57 PM
1) Do you personally believe in the death penalty?
I honestly don't know at this point. When I began this class, I was slightly unsure, and now I am completely unsure about how I feel. I think the ultimate question that has to be answered is whether the state, outside of war, ever has the right to take a life and that is a moral question I am struggling with.
2) If a member of your family were murdered, would you want their attacker executed?
This is a question I can't answer. I can't even begin to imagine what it feels like to have a loved one violently killed and it would be false for me to pretend that I have any idea how I would react.
3) Would you want to witness the execution?
I think if I were to want the execution, I would likely want to see it in order to make it real.
4) Even if you would not personally want to witness the execution, do you think other victims' family members should be allowed to witness the execution?
Yes. I think it is each person's choice and no one has the right to tell a victim's family if they should or should not view an execution. The reactions to these types of situations are personal and each individual needs the chance to decide what is the best course of action for him or her.
Posted by: Tiffany L. | Apr 18, 2007 4:46:12 PM
1) Do you personally believe in the death penalty?
No. After going though the class, I understand better why people might be in favor of it. But I feel that until we know the reason why we are here, we don't have the authority to take away someone's life, regardless of what they have done.
2) If a member of your family were murdered, would you want their attacker executed?
No. I think life in prison is punishment enough.
3) Would you want to witness the execution?
No.
4) Even if you would not personally want to witness the execution, do you think other victims' family members should be allowed to witness the execution?
Yes I do. If they want the inmate to be executed and they feel that watching it will bring them closure, then I think they should be able to. I shouldn’t be able to stop them just because I don't agree with the practice.
Posted by: Katherine L | Apr 18, 2007 7:52:02 PM
Looks like the death penalty does not have too many fans in this class...Here are my answers for an apparently completely opposite view.
1) Yes, I am in favor of the death penalty. It is unfortunate that some innocent people die at the hands of the judicial process, but I do not think that warrants the abolition of the punishment. Further(at least I would hope), criminal investigation is more thorough these days with DNA testing, etc. Hopefully this will severely reduce the problem in the future.
2)First, I would like some private time alone with their murderer. Second, I would volunteer to drop the switch. For those who think life imprisonment is enough, look to the amount of time the convicted spend on death row already. I would rather have them sit in prison knowing the death is (somewhat) imminent.
3)Yep
4)Everyone handles tragedy in their own way...if a family member thinks it would be in their best interest to view the execution, then they should be allowed to do so.
Posted by: Jim | Apr 18, 2007 9:36:10 PM
1. I am in favor of the death penalty. As acknowledged by some of the earlier comments, I agree that there are procedural problems that need to be addressed. However, there are some crimes so heinous that deserve the ultimate punishment. And, for what it's worth, I think have the death penalty on the books does provide some deterrence and provides an interrogation/bargaining tool that could help resolve crimes (the Green River Killer example).
2. I think that would depend on the circumstances of the crime.
3. Probably not.
4. I think that you should certainly have the right to view the execution if you so choose.
Posted by: Kacey | Apr 19, 2007 11:30:08 AM
1. I am not in favor of the death penalty (and although my views have expanded over the course of this semester, I think the LEAST compelling argument for capital punishment is retribution).
2. One of the resounding themes from the witnesses in the readings seemed to be that after watching the execution they felt the inmates "didn't suffer enough." I think it's important to remember the difference between:
vengeance: infliction of injury, harm, humiliation, or the like, on a person, by another who has been harmed by that person; violent revenge
and
justice: the quality of being just; righteousness, equitableness, or moral rightness; the administering of deserved punishment or reward
If I knew with certainty that someone had killed someone I loved, I wouldn't just fantasize about watching them die -- I would probably want to kill them myself. Still -- normal reactions to grief and anger don't justify any possible response -- especially since the notion of harm varies so much based on individual perception... (our moment of silence yesterday was for victims of vengeance, yeah?)
3. No
4. I think the theory that victims' families will get "closure" from watching an execution is specious (and if it were really about "closure," they could probably get this simply from viewing the body afterward without subjecting themselves to the potential for further psychological harm). Given the current system, I don't think it's unreasonable for family members to want to watch/be allowed to watch -- but I certainly don't think it should be encouraged.
Posted by: Kate | Apr 19, 2007 12:26:29 PM
1. Do you personally believe in the death penalty?
Yep. Retributivism and just desert. Of course, not for every murder, but for the worst ones, I fail to see any sufficient argument against it.
2. If a member of your family were murdered, would you want their attacker executed?
Absolutely. Well, I guess it depends on the family member. If it were my...nah, just kidding. I can't imagine not wanting the DP imposed if it were one of my family members, even the ones I do not get along with.
3. Would you want to witness the execution?
Is participating in the execution an option? I vote for that. If not, I'd still watch. With popcorn. Buttered preferably. And some Dortmunder Gold. I'm serious.
4. Even if you would not personally want to witness the execution, do you think other victims' family members should be allowed to witness the execution?
Yes.
Posted by: Ben D | Apr 19, 2007 2:44:59 PM
I know this is the wrong thread but since it's the newest, I figured I'd post it here since I'm not sure how often most of us peruse the previous comments.
http://reporter-news.com/abil/nw_state/article/0,1874,ABIL_7974_5492572,00.html
Senate Bill in Texas: "The compromise bill, which was distributed to Senate members on Tuesday, would allow the death penalty only for those twice convicted of raping a child 13 or younger. It also boosts mandatory minimum sentences for a variety of sex crimes against children."
Posted by: Ben D | Apr 19, 2007 5:17:11 PM
On the cover of The Other paper this week, there is an article in part about the Lucasville prison riots. The article talks about the prisoners that were sentenced to death for the deaths of prisoners/guards that were killed. Specifically, it discusses that perhaps some prisoners were convicted wrongly because of the prosecutor's desire to punish the leaders of the riot, and not necessarily the actual killers. The article is the cover which can be viewed on http://www.theotherpaper.com/ or the article specifcally can be viewed at http://www.theotherpaper.com/TOP4-19/4-19_coverstory.html.
Posted by: Caitlin C | Apr 22, 2007 5:49:30 PM
200th DNA exoneree. Death Penalty advocates surrender? Nope.
Posted by: Ben D | Apr 23, 2007 6:41:30 PM
"The Senate overwhelmingly approved its version of Jessica's Law on Tuesday, moving Texas one step closer to becoming the sixth U.S. state to allow capital punishment for certain sex crimes against children."
http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/042507dntexjessicaslaw.481025b.html
Posted by: Katherine L | Apr 25, 2007 11:27:14 AM
(1) Do you personally believe in the death penalty?
No. I never truly contemplated the death penalty until I was put in an actual position as a prospective juror to sentence another human being to death. Once I was put in the actual position (as opposed to just musing about the death penalty in theory), I realized what a weighty thing it is to take the life of another, even if it is through the veil of "the state." Given that I would never want to be in the position to sentence someone to death, I realized I could not support capital punishment in theory or in general.
(2) If a member of your family were murdered, would you want their attacker executed?
No. The thought of losing one life is more than enough to have to carry around for the rest of my life. Adding another would likely make things worse.
(3) Would you want to witness the execution?
No. I am not sure how seeing someone suffer psychologically and physically would put me in a better position.
(4) Even if you would not personally want to witness the execution, do you think other victims' family members should be allowed to witness the execution?
Ultimately I think the death penalty should be abolished, so no. Many homicides are committed every day, and to tell most of those victims' families that their loved ones do not "qualify" for a capital case is unsound. The vast resources spent on capital punishment could be better distributed through true victims' services and law enforcement.
Posted by: Larysa | May 2, 2007 9:59:27 PM
There is a great article in The Economist this week about the death penalty across the globe. It touches on so many of the topics we discussed in class: victims’ rights, methods of execution, the lethal injection debate in the United States, international death penalty views, and the abolition of the death penalty in its entirety.
I will list some brief points here, but I strongly encourage those that are interested to check it out.
Victims’ Rights: In Somalia, Omar Hussein was publicly executed by stabbing. The stabbing was carried out by the son of the man that Hussein admitted to killing. So not only did the victim’s relatives have the right to see the execution, they had the right to DO the execution!
Methods of Execution: China reportedly has “death vans” which are equipped with the necessary equipment for lethal injections in order to make it easier for rural communities to carry out executions. The article also lists countries that allow execution by stoning, beheading, electrocution, shooting, hanging, and lethal injection.
Lethal Injection: The article briefly discusses the debate in FL and elsewhere in the USA about the Constitutionality of lethal injection. Specifically, it mentions that in the state of Texas and our great state of OHIO, we both recently executed men by lethal injection. It also highlights that the Public Library of Science’s online journal, PLoS Medicine, criticizes the lethal injection method as not always producing the massive cardiac arrest it is designed to. Perhaps if doctors were involved more in the administration then it would?
International Death Penalty/Abolition: the article discusses the international debate on the death penalty in general. It highlights that the UN High Commissioner for Human Rights thinks there should be a world-wide abolition of the death penalty. The article also highlights world-wide execution rates, and the steady decrease in countries that even allow the death penalty. Finally, it presents a graph of the Top 10 countries that executed last year, and America is in some great country. In order of most executions to least, the Top 10 executers are: China, Iran, Pakistan, Iraq, Sudan, USA, Saudi Arabia, Yemen, Vietnam, and Kuwait.
Here is the link. There are also links on that page to the PLoS Medicine Report and to Amnesty International’s report on the Death Penalty. Enjoy!
http://www.economist.com/world/international/displaystory.cfm?story_id=9084818
Posted by: Caitlin C | May 3, 2007 11:15:01 AM
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