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Saturday, July 14, 2007
Jonah Goldberg :: Townhall.com Columnist
Tactics vs. Principles in The Death Penalty Debate
by Jonah Goldberg
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Are Barack Obama's friends -- like Bill Ayers -- legitimate political issues?

Zheng Xiaoyu was executed this week. The former head of China's food and drug administration lost his appeal to the Supreme People's Court, according to the Times of London, "in an unusually swift legal process clearly intended to warn other Communist Party officials that those found guilty of corruption will not be spared."

Zheng had allegedly received bribes in exchange for approving dangerous or otherwise sketchy drugs. One fake antibiotic has been linked to at least 10 deaths in China, and that appears to be just the tip of the iceberg. Assuming the charges are true, few should weep for Minister Zheng.

Zheng's execution received ample coverage around the world. But, as best I can tell, there has been next to no outrage about it. Major news outlets that usually have human rights groups and death penalty opponents on speed dial seem content to treat this as a business story or as a window into the otherworldly realm that is China.

The silence over the obvious implications of Zheng's execution is both conspicuous and telling.

Haven't we been told for decades - with reams of statistics at the ready - that the death penalty doesn't work as a deterrent?

So why are so many people willing to accept the Chinese government's position that Zheng's execution is a necessary tool in combating corruption? Are Chinese bureaucrats some subspecies of human being uniquely susceptible to this sort of suasion? Or is it that American murderers are uniquely immune to such threats?

My guess is that the comparative silence over the Zheng case can be chalked up to tactical considerations. There are so many more politically useful death penalty victims. Wasting a lot of time on Zheng would be counterproductive. When transparently guilty serial killers and child murderers are executed, death penalty opponents rarely pound the table as loudly as when guilt is less clear-cut or when the convict in question is more politically convenient. Continued...

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About The Author
Jonah Goldberg is editor-at-large of National Review Online.
 
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Subject: Good points Gestell
The death penalty is a simpler issue. There, a person has voluntarily done wrong to another.
(am I defeating my own argument here?

Every rational adult is conflicted on the issue of abortion. Call it termination of a pregnancy, if you prefer; now you are attacking a biological condition vs a living thing.

Even those who have terminated pregnancy are seldom comfortable with the decision. To further muddy the waters, society is willing, and often does spend half million dollars "saving" a premature baby less viable than 50 of those who were terminated in the same county this week.
Did a simple "mothers preferance" elevate the
value of the one over the 50?

a liberal for the death penalty
The standard liberal argument against the death penalty is that capital punishment is inherently barbaric. The arguments for this view basically spin out variations of the old "two wrongs don't make a right" theme. Not all liberals agree with this view.

Here's my take. First, the criminal justice system has to bend over backwards to make sure that innocent people are not executed. I'm not impressed by the argument some pro-death penalty people make that boils down to: "Hey, if we execute one innocent guy for every 5 or 10 or whatever number of guilty guys we execute, that's just unfortunate." Sorry. Not good enough at all.

Second, what justifies the death penalty cannot be deterrence. Suppose someone discovers 10 or 20 years from now that the current studies showing correlations between the death penalty and reductions in violent crime are wrong. Then we'd have to abolish the death penalty, according to this way of thinking.

Third, the justification is this: there must be some crimes that most members of a civilized society regard as so heinous that nothing less than the death penalty will suffice. The existence of the death penalty shows the boundaries of a civilized society. It is to support this limit that we execute the guilty.

Related to this argument is another--that in properly trying, convicting, and executing the perpetrator of a capital offense, we are actually acknowledging that he or she is a human being and not simply a wild animal. Human beings commit crimes; wild animals cannot. That's why we go through the legal process and don't simply shoot down the criminal, if there is any way to avoid this.

Finally, on another topic. A couple of readers brought up the old criticism that liberals are inconsistent in permitting abortion and opposing capital punishment. There's no theoretical inconsistency here. A liberal (or anyone else) who takes this position is reasoning as follows:
the foetus whose life is termination is not, in some moral and legal sense to be spelled out, a human being. Note this view is fully compatible with the recognition that the foetus is in fact human in a biological sense. The argument is about where to draw a moral and legal line between identifying the foetus as deserving or as not deserving of having his or her life protected. So this line is between the human being in biological terms and the human being in moral and legal terms. I agree with conservatives that this is a dangerous argument; all I wanted to do was to clarify what seems to me the standard pro-choice position.

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