The Grim Reaper v. The United States of America

Tomorrow, the United States Supreme Court will hear arguments in two lawsuits involving the use of lethal injection to execute condemned prisoners. The last time the court considered a method of execution, in 1878, they ruled to allow executions by firing squad to continue. The court is not directly considering the constitutionality of the death penalty itself, although if lethal execution is ruled to be “cruel and unusual punishment,” it might effectively be a death knell (yuk, yuk) for capital punishment in the United States. Of the nearly forty states that still have the death penalty, only Nebraska uses electrocution as its sole method of execution. There has been a de facto moratorium on executions in the United States since September, when the court first agreed to hear arguments in these lawsuits.

The death penalty is an abomination, an obtuse expression of state power, hypocritical, institutionally racist, anachronistic, and utterly wrong. We live in an age where DNA evidence has exonerated prisoners who were mistakenly convicted and sentenced to die at the hands of the state. Even that, however, I feel is tangential to the more salient point: murdering people to punish them for the crime of murder makes no sense at all, and sends no reasonable message to society. The sanctimoniousness with which judges impose the death penalty and executioners carry it out belies its real nature. It is a monument to state authority and power, a relic of times when monarchs and emperors ruled by fear and intimidation.

The crime committed by the prisoner should not be a part of the ethical calculus here. Further, this debate over a method of execution is just a technical squabble. The fundamental question: is it ever acceptable to kill a human being against their will? I say no, with the only exception being an immediate act of self-defense (or defense of others under direct threat of serious harm). Because this exception could never apply to the state, and because the death penalty is carried out with malice aforethought, there seems to me little room for argument over whether it is “cruel or unusual punishment.” At least most murder victims are fortunate enough not to anticipate their untimely end for very long. State murder victims suffer the added torture of anticipating their death.

I hope that this Supreme Court case raises an outcry against capital punishment in the United States. As a society, we need to break the grasp that our prison-industrial complex has developed on our justice system. We also need to get off our fucking high horses, stop imprisoning drug users, and start concentrating on fixing our crumbling public education system. That’s a policy that would pay off in the long run. Instead of jailing and murdering the dregs of society, let’s stop raising so damn many of them.

As an aside, it also gets my goat that so many Christians support the death penalty. These wackos worship a mythological person who was allegedly crucified by the powers that be, and they can sleep at night knowing that their beloved republic carries on that barbaric tradition dozens of times a year. Suffer unto me…