Tuesday, September 16, 2008

Death penalty case reviews

The Nightly Build...

Dallas, the Death Penalty, and Justice

Rod Dreher, in The Dallas Morning News Opinion blog, throws his support behind Dallas County District Attorney Craig Watkins' plan to re-examine the cases of 40 death-row inmates, in reaction to DNA evidence having previously exonerated 19 Dallas County death-row inmates. Toby Shook, a former Dallas County prosecutor, objects to the review as a hardship on the victims' families. Dreher finds that attitude "shocking and dismaying" and considers it to be an indifference to justice.

I'm solidly behind Dreher in this matter, all except for the part where Dreher is shocked at an indifference to justice. From Richard Nixon to George W Bush, conservative law-and-order politicians have cared more about putting away the bad guys than in protecting the civil liberties of the innocent. From wiretapping innocent Americans to imprisoning whoever at Guantanamo without habeus corpus rights to sending men to death row in Dallas on questionable evidence, civil liberties have been sacrificed for presumed public safety.

In the comments section, Mike Hashimoto, another editorial writer for The Dallas Morning News, sides with Toby Shook. His reason seems to be that Craig Watkins is a publicity hound. So? The argument is a non sequitur. Hashimoto is "willing to bet" that the vast majority of death cases were decided correctly. That's just crass. If Hashimoto is wrong, he can settle up by digging out some spare change. Innocents on death row pay with their lives. Hashimoto saves his silliest argument for last. He concludes, "Congratulations. We live in California now." For Hashimoto, looking like Californians is more to be feared than putting innocent men and women to death.

What does Hashimoto want to see D.A. Watkins do instead? Review the death penalty cases in private, not going to the courts unless and until new, exonerating evidence is uncovered. Until then, let the executions continue. If someone is executed before the D.A. can review his case, so be it. After all, Hashimoto is "willing to bet" he was guilty anyway.

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