Wherein we examine the merits of capital punishment.
If anyone deserved the death penalty, ole Zacarias made about as good a case for it as anyone. A man who quite enthusiasticly and defiantly celebrates the senseless and brutal distruction of thousands of innocents is most assuredly a monster, and does not deserve to live. If he were to die tommorow I would not feel an ounce of sorrow, pity, or sympathy. If he were to have been sentenced to death I wouldnt have have uttered a word or thought of protest.
But I cant help but think that America is better off for not executing Moussaoui.
Rest assured, I think he deserves to die. I just dont see how the state executing him, or anyone for that matter accomplishes anything thats in our best interest.
First, I cannot see how the death penalty benefits our society. And as for deterring others, well it seems to me that the people who are most deserving of death are the least able to learn from anothers fate. Does anyone think that our enemies would see Moussaoui be executed and think to themselves, "Wow, they are going to kill me if I blow myself up in a croweded market"? Thought not.
Of course, some will make the argument that the US will be seen as weak by our enemies for not killing him. I cant see as how we should care what the enemies abroad might think. It is not their opinion that matters. This case will not have a signifigant impact on how the hardliners or their supporters view us. They are predisposed to find fault in all our actions. If we kill Moussaoui, they would celebrate his martyrdom. If we dont they may call us weak. It should be plainly evident that we cannot win in their eyes, so why should we try?
What matters is in those around the world who could be our allies, or who might consider supporting our enemies. And to those people the most powerful message we can send is that we do not revel in killing, that while we will deal with our enemies harshly we will do so while adhering to our highest of principles. We must show that we are better then our enemy. Not in terms of degrees, but the difference must be night and day. And showing that we respect justice, but do not kill unless absolutely nescessary sends the message that we do not worship death like the terrorists of al Qaeda.
The general issue of the death penalty must be addressed. To put it bluntly, I can see no tangible benefit to the state for the death penalty. With due process and legal costs, there is little benefit in terms of costs to executing anyone. In terms of the effect on society, the difference between life without release seems little different then the death penalty. Both will be seperated and isolated from society permanantly. Functionally, it just doesnt seem like there is any compelling reason for the death penalty.
There is also the matter of having no recourse in the mistrial of justice. Once a death sentence is carried out, it is irreversable. And however unlikely that is, simply one miscarraige of justice seems too many. "Sorry we killed you, but it seemed like you really were guilty." I just cant see it is worth what little we gain.
I wont even get into the moral aspects of executing anyone, suffice it to say that I dont see a compelling moral reason. If someone has a morally obligated to execute someone, please let me know. But give me some advance warning, I'll want to get the popcorn before I see those verbal gymnastics.
In short, as a legal remedy I dont see any real benefit to our society from the death penalty, and it raises the possibility of executing an innocent man. Doing so even once is a great risk that their is no reason to take.
What it really comes down to is people want to see him suffer. This is understandable, but its not what we should base our law on. Principles of fairness and justice should guide our actions, not a desire for revenge.
Lets not be blinded by rage and pain, we should be guided by higher principles of justice and fairness.