Innocence

September 26, 2011

As you are probably aware there was a lot of hoopla from the lefty libby dirty hippies in the US and kibitzing OldEuro types on social media because the State of Georgia killed this guy. The reasons are pretty well captured in the accompanying article

Davis has repeatedly said he did not kill MacPhail, and seven out of nine witnesses who gave evidence at his trial in 1991 have recanted or changed their testimony.

No murder weapon was ever found, no DNA evidence or fingerprints tie him to the crime, and other witnesses have since said the murder was committed by another man — a state’s witness who testified against him.

This is not hard to grasp.

I have donated to the Innocence Project because I believe in this part of their mission statement.

The Innocence Project’s groundbreaking use of DNA technology to free innocent people has provided irrefutable proof that wrongful convictions are not isolated or rare events but instead arise from systemic defects. Now an independent nonprofit organization closely affiliated with Cardozo School of Law at Yeshiva University, the Innocence Project’s mission is nothing less than to free the staggering numbers of innocent people who remain incarcerated and to bring substantive reform to the system responsible for their unjust imprisonment.

I did not do so because I oppose capital punishment. As it happens, another unhappy soul was also executed recently, this time in the State of Texas.

Texas executed Lawrence Brewer, a white supremacist who was unquestionably guilty of the gruesome dragging death slaying of a black man in 1998.

I intentionally linked to the leftie-libby DFH argument that these are morally and ethically the same events because I disagree. here’s his crux:

The death of James Byrd Jr. — the black man who was tied to the back of a pickup truck in Jasper, Texas and dragged to his death — is shocking to recall, almost 15 years later. His murder is almost unimaginably cruel; it is impossible to read the details without being overcome with anger and revulsion. Yet this is what James Byrd’s sister had to say on the eve of Lawrence Brewer’s execution: “If I saw him face to face, I’d tell him I forgive him for what he did. Otherwise I’d be like him.”

I pay exactly as much attention to victims’ pleas for mercy as I do to their pleas for vengeance. The reason we have a rule of law in the first place is that justice and punishment have to come from a reasonably detached (blind lady justice?), societal point of view. Remember Dukakis and his famous flail on the question of what he would do if his wife were raped? I think Kerry managed to ass that one up too. The real answer Dems should espouse is my answer.

“I’d want to go to work on the homes here with a pair of pliers and a blowtorch. Are you fucking kidding? Anyone would. And given half a chance I damn well would. But there is no place for that sort of gutter, BronzeAge revenge-of-the-powerful jurisprudence in a just society. And THAT is why I support the rule of law.”

But in a democratic society we also meander towards approximations via what is, at root, barely managed democracy. The will of the people, so to speak. And the will of this person is that we, as a society and after due process, execute a guy like Lawrence Brewer. And this asshole too. People like this. maybe this gang of assholes.

But I also think our crime solving and crime convicting systems suck and are tremendously error prone. And have incredibly naked and thoroughly established racial and socio-economic biases.

So I donate to a project that wants to improve that. Even if they do, at root, have goals that are at odds with my support of capital punishment as a valid societal option.

Cath raised an interesting point:

There have been some unbloggably hilarious emails pinging around between the various PIs, including much discussion about country- and funding agency-specific conventions regarding the tone of such responses (a PI who trained overseas feels that Canadians are far too polite and passive in the face of bad reviews, and may well be correct).

This was partially in response to my post and, presumably, my advice not to be combative in your response to criticism of your NIH grant.

I am now imagining that the British funding agencies are more tolerant of a Prime Minister’s questions type of response to criticism.

“Would the study section agree, Madam SRO, that the previous review was riddled with errors of FACT? and furthermore that the assigned reviewers were incompetent by reason of poor preparation? and that the bias inherent in the cozy relationship of Reviewer #3 with my primary scientific competitor renders the prior set of critiques invalid?”

[hear, hear…mutter, mutter, stomp, stomp booo!]