How To Fix The Death Penalty In Three Easy Steps

From the title of this post you might conclude that I think there is something wrong with the death penalty, and you would be correct. First, we don’t use it enough; Second, when we use it, it is done out of the public view; and third, sometimes we use it when we shouldn’t. Here is my prescription for change:

We don’t use the death penalty enough. Brian Nichols, you might recall, was on trial for rape in Atlanta during March of 2005 when he escaped custody and killed the judge presiding over his trial, a sheriffs deputy, and a court reporter. While still on the run the next day, he killed an off-duty Federal agent. In addition to the four murders, Nichols had beaten his guard so badly during the escape she nearly died, and he assaulted and carjacked a number of other people.

Though subsequently found guilty on all charges of a 54 count indictment , a jury could not unanimously agree on the sentence of death, deadlocked at 9 “for” and 3 “against”. Therefore, Mr. Nichols, who gave up the right to use air on this planet the moment his first victim died, will spend the rest of his life in a cushy cell.

My point being this: There is not a glimmer of doubt in anyones mind that Nichols actually did the crimes. Neither is there any question that he received an adequate defense. The only thing that stopped him from getting the punishment he deserved was three people who couldn’t give it to him. The law should be changed so that the penalty of death does not require a unanimous vote, because it’s not hard to find at least one out of twelve who simply will never, despite their claims to the contrary, dish it out even when so obviously deserved.

The sentence of death is carried out behind closed doors. It is often discussed that the death penalty be abolished because it offers no deterrent, and I know how to fix that: Bring back public executions.

And here’s the “deterrent” part. Take every inmate from the local jail and nearest prison, shackle them all together and give them their own set of bleachers right up close, and don’t forget the thuglets from the local gladiator academy (that’s Juvenile Detention Facility for those who don’t know). Then march the condemned man out and read him his sentence.

Here is where proper planning is important, because it’s critical that the prisoners are close enough to see the puddle of urine that forms at the feet of the condemned as the noose is tightened around his neck. The rest is easy – just pull the switch and let him swing. Oh, and leave him there until sundown, too.

Sometimes we use the death penalty when we shouldn’t. I will not pretend that there are not cases, even to this day, where the defendant was given such a crappy defense that an innocent was found guilty and executed. I know it’s happened, and that is a shame – not only for the wrongly convicted, but the fact that the guilty party is still roaming free and able to prey on more victims.

Virginia has developed an innovative and effective solution by establishing the Virginia Indigent Defense Commission to “carry out the Commonwealth’s constitutional obligation to provide attorneys for indigent persons accused of crimes that carry a potential penalty of incarceration or death. ” This unit includes experienced attorneys, its own investigators, and sufficient funding to put on a first-class defense for those unable to afford one on their own. Every state should have such resources to ensure that justice is fair, for a life should not be forfeited to the state without near-absolute certainty of guilt.

Meanwhile, I rest easy here in the Commonwealth knowing that when we fry one, we are frying the right one.