Beyond Flawed

     The "enterprise is flawed."
Alex Kosinski, Chief Judge, Ninth Circuit Court of Appeals, on the death penalty.

   In the past weeks, three executions in this country have been 'botched'.
I say botched even though the prisoners did, eventually, die from the procedure. Eventually. The quick, painless death that meets the constitutional prohibition against 'cruel and unusual' punishment was denied these men.
   These executions have revived the arguments over the death penalty in the United States. Arguing the process of the death penalty; the procedures used, begs the bigger questions.
   My argument rests on two points.
   The first objection is moral and philosophical.
   One of the oldest stories in the Bible is that of Cain and Abel. After committing fratricide, one of the most heinous of crimes, Cain is not killed. Rather than striking him down, as we might imagine, God banishes Cain and forbids anyone else to harm him. "Vengeance is mine, I will repay", saith the Lord.    
   Vengeance is the prerogative of God, and God alone.
   Vengeance is the sole reason for the death penalty. None of the other justifications hold water.
   The death penalty will not revive a victim and will not right a wrong. In seeking, and applying, the ultimate punishment, we act out of hate and fear- which is what revenge truly is. Our calls for this type of harsh 'Justice' are based on our most primitive instincts. Our ancient ancestors, facing a daily struggle for survival, had, perhaps, good reason to act quickly to eliminate criminals from their midst. We face no such imperative. We have the means to imprison those who cannot live among us, and protect ourselves humanely.
   If we are to achieve anything approaching the Good Society, we must found that society, and its laws, on our best and highest ideals, not our basest.
   My second point is this:
   Can we, who are so flawed, create anything more perfect than ourselves? Every part of the criminal justice system depends on the subjective impressions and opinions of the police, prosecutors, judges, juries, and defense lawyers. We must always strive for perfection, but we must also recognize our limitations.
    While there are those among us who may claim to be able to envision a perfect system of justice, none may claim that we have achieved one. If there exists even the remotest possibility of an innocent paying the ultimate price we must eliminate that possibility and desist from the practice. No society is innocent of the spilling of innocent blood. The society which accepts that spilling is one destined to fall.
    The execution of prisoners is relic of ancient times. We cannot mature as a civilization until we have put away the childish fears of our primitive past.