Adventures in Logic

At the entrance of the Temple to Apollo at Delphi were three maxims:

1. Know thyself.
2. Nothing to excess.
3. Surety brings ruin.

All very logical, and God knows every philosopher from Cleobolus (c. 6 BC) to Aristotle (384-322 BC) hammered home the maxim "Moderation in all things." Along with the primacy of Man's Reason, and how that made Man superior to the beasts of the field, not to mention foreigners (all of them barbarians to the Greeks), slaves and, of course, women.  (Except the hetairai.)^†

But the Greeks also worshiped Dionysus, the god of wine, fertility, ritual madness, religious ecstasy, festivity and theater.  Their symposia were all male affairs (except for the high-class hetairai and the low-class musicians) at which they recited poetry, discussed philosophy, sing songs, give speeches, and get thoroughly drunk.  (Please, read Plato's Symposium HERE for one of the great discussions of love anywhere - interrupted by a very drunk Alcibiades and his buddies.)  

Decent women - wives and daughters - were kept at home, uneducated and working, in the women's quarters, where they were to never be seen or heard by any other man.  Except at weddings.  And their coming of age.  And the Dionysian Mysteries when all those well-hidden wives and daughters turned into Maenads, Bacchantes, and raced out into the hills, where they drank and danced and sang all night long, in the religious frenzy of Dionysus, tearing animals apart with their bare hands.  (And the occasional man who dared to look into their rituals.  See Euripedes' The Bacchae.)

That's the Greeks for you.  Logic, logic, logic, and the next thing you know they're screaming wild in the mountains.  Well, at least they had the gods to blame.  

So much for logic.  

"If we stop testing right now, we'd have very few cases, if any."  President Trump, 6/15/2020.  

In the world of Logical Fallacies, this is known as a False Equivalence - if THIS, then THAT - which always sound logical, and can work, but only if both parts are completely true.  

BTW:  Twitter has been full of other examples of such thinking:

"Yes, and if I stop weighing myself, I'll never gain any weight."

"If we stopped being poor, we'd all be rich."

"If I quit recognizing birthdays, I won't get any older."

Make your own:  ______________________ 

But God knows, that's not the first time that Presidents have said dicey things:

"When a great number of people are out of work, unemployment results."  Calvin Coolidge  

"While the crash only took place six months ago, I am convinced we have now passed the worst and with continued unity of effort we shall rapidly recover." - Herbert Hoover, May 1, 1930

"Rarely is the question asked: Is our children learning?" —George W. Bush, Jan. 11, 2000
"I am not worried about the deficit. It is big enough to take care of itself." - Ronald Reagan
"I was under medication when I made the decision to burn the tapes."—Richard Nixon

Meanwhile, there is no system of logic in any universe that will allow you to be both the Party of Lincoln and carry a Confederate flag.  The history is plain:  Lincoln and the Confederacy were on opposite sides of the Civil War.  

BUT the Appeal to Ignorance (argumentum ad ignoratiam)  can work a treat if people are determined enough to remain ignorant.

(https://www.comicskingdom.com/darrin-bell)

And let's not forget the classic misshapen logic of criminals, all of which - and more! - I've heard on the job at the pen:  

"Look, if they didn't want to be robbed, they shouldn't have had such nice stuff."  

"I don't have to follow the rules.  Rules only apply to losers." 

"No one has ever been mistreated the way I've been mistreated.  I'm amazed that I'm even alive."

"No one has ever done anything for me.  Everything I've got I've had to take."

"No matter where I am, I always know I'm the smartest person in the room."

"It's not my fault I got arrested:  my baby mama turned me in to the cops for dealing because I was cheating on her."  

"I've never done a thing wrong in my entire life.  It's just that people always have it in for me."

"I'm the messenger of God.  If you hadn't been such sinners, God wouldn't have sent me to punish you."

     (All right, all right, the last one's Genghis Khan.)

Also, see the wonderful Top Ten Criminal Thinking Errors HERE.

If the numbers don't fit, change things!

Back on May 13, two weeks after reopening, the Atlanta Journal Constitution reported that the State of Georgia made it look like its COVID-19 cases were going down by putting the dates out of order - April 26th after May 2nd, and two Sundays in one week - on its published chart of COVID-19 cases, in order to prove that "new confirmed cases in the counties with the most infections had dropped every single day for the past two weeks."  (Link)  And to prove that the reopening was going great!  Huzzah!  Except it wasn't.  

What's that about All Lives Matter?

"A resurgent economy is seen as critical to boosting President Donald Trump’s reelection hopes and has become a growing focus of the White House coronavirus task force led by Vice President Mike Pence."  (AP)  

Which begs the question, why isn't preventing a second, third, or fourth deadly wave of COVID-19 seen as critical to boosting President Trump's reelection hopes?  Especially since the stock market that increased at the reopening dropped like a hot rock through ice cream - almost 2,000 points - on June 12, as COVID-19 spiked around the country.  Oh, and currently COVID-19 cases are increasing around 10,000 a day in the United States.  Doesn't look like we flattened the curve.

I know he says terrible things, but look at all the conservative judges...  Especially Neil Gorsuch...

One of the accomplishments ascribed to President Trump is the appointment of conservative judges and Supreme Court Justices.  Meanwhile, two days ago, SCOTUS refused to hear review a ruling on California sanctuary laws, as well as a several Second Amendment Cases.  And then Supreme Court Justice Neil Gorsuch wrote the majority opinion in the above ruling.  “An employer who fires an individual merely for being gay or transgender defies the law,” Justice Neil M. Gorsuch.  As one might expect, many conservatives who now praised him as the country's moral salvation are now calling him "Deep State".  (And far more unprintable things.)

BTW, two things to remember:

(1) Judges don't always vote their party.  I grew up seeing "Impeach Earl Warren Signs" on trees because as Supreme Court Chief Justice, ultra-conservative Earl Warren decided that segregation, suppression of free speech (whether for Communists or protesters), and mandatory official school prayer were all unconstitutional.  

(2) Those who assume that Justices will vote their party (i.e., "dance with them what brung 'em"), are always going to be SOL somewhere along the line.  In fact, this is a damn good thing to remember as a general rule in life.  Otherwise, you're gonna end up crying over The Tennessee Waltz way too many times.

I'm not a doctor, but I play one in my mind

Among many other current arguments in what I like to think is the fringe (but is rapidly becoming the back and sides as well):

"It's no worse than the flu."  

Tell that to the people who, after 60 days, are still sick with COVID-19, the ones who have had major organs compromised (apparently for life), and what about the guy who got a 1.1 million dollar hospital bill?  Oh, and since we have neither treatment nor vaccine, the current mortality rate is averaging about 6%.  It's 0.1% for the flu.  (I know, percentages are hard... look it up.  There are websites that will explain it to you.)

"I don't wear a mask because masks make you sick!  You breathe all that CO2 and you're gonna die!  You've got to have as much fresh air as possible!"  

My dears, if masks make you sick, then every surgeon, physician, nurse, and lab technician must die extremely young.  And they should all, obviously, be in ICU right now, as patients.  BTW, you don't have to wear masks in your own home, or in your car, or when you're taking a (socially distanced) walk outside.  

"If masks were so good for you, why didn't they tell us to wear them from the beginning?  Huh?  How can you trust the doctors if they keep changing their minds?"

So, if the antibiotic isn't working on your gangrene, you shouldn't listen to your doctor when she changes your medication in search of something that might work?  

If you think I'm exaggerating, check out this video of Orange County residents protesting against a requirement to wear masks.  Notice the reference to "I am a sovereign citizen" (and read my 2012 blogpost - https://www.sleuthsayers.org/2012/08/sovereign-citizens.html - about this unmerry loose rubberband of hoaxers and victims).   

The gist of the anti-mask crowd is: "It's so inconvenient etc. for me to wear a mask, so rather than protect the elderly, or those with pre-existing conditions, or even my own family & friends, EVERYONE ELSE STAY HOME FOR MY CONVENIENCE!"  (At least they're easy to avoid - they're the ones not wearing a mask.)

And when they say, "I'd rather die of COVID-19 than live in fear and wear a mask all the time", all I can say is (1) death is far more inconvenient, and (2) if you're scared of dying of CO2 poisoning from wearing a mask, I think you're going to be terrified when your lungs and kidneys collapse from COVID-19.  

Also, scientists change their minds after experiments and research have proved that their hypothesis was faulty.  They don't keep doing the same damn thing over and over again, even when it's proved ineffective, expecting different results.  That's why the call it science, instead of magic.  

A Great Number of Logical Fallacies Revolve Around Bulls&8t.

Ad Hominem - or the Personal Attack.  From Crooked Hillary to Racist Clementine, Sleepy Joe to Moscow Mitch, we've heard a ton of them.  Most of us will have been on the receiving end of them, especially in junior high.  The key is to ignore them all.  

A subgroup of this is Guilt by Association - where a person is vilified for "associating" with someone else.  Thus the 75 year-old protester Martin Gugino (peace activist with Dorothy Day's Catholic Worker Organization) was called "Antifa" by our President.

Another subgroup of this is Guilt by the Past.  Example: After Tamir Rice, the 12 year old black boy was shot by a Cleveland cop for playing in a park with a toy gun, "The Northeast Ohio Media Group investigated the backgrounds of the parents and found the mother and father both have violent pasts." Which has nothing to do, of course, with a little boy playing in a park.

Strawman Argument - where one attacks a position the other doesn't really hold.  

“You're against the death penalty. You want to set murderers loose to kill again.” (Instead of arguing what punishment murder should get, this accuses you of wanting murderers to be allowed to run amok in society.)  

Pars Pro Toto, or "The Part Taken for the Whole" - Used - often extremely successfully, to divert attention away from, and even to ridicule, a particular case.

"We must save the children in Yemen."  "No, first we must stop all abortion."

“We must save the whales.” “No, we must save all the creatures in the sea.”

“Black lives matter.” “No, all lives matter.”

(My favorite response to the last one was when a conservative acquaintance announced his birthday on Facebook only to have someone - not me, sadly - respond #AllBirthdaysMatter.  Really pissed the guy off.)  

Slippery Slope - This is used over and over and over again.  Among the most popular in the US are:

"Same-sex marriage leads to bestiality."  (Louie Gohmert, Rick Santorum, and Ben Carson, among others, have all used this argument.  - HERE)
"If marijuana is legal, everyone will become heroin addicts."  (Classic, going all the way back to Richard Nixon.)
"If you give the poor money, they won't work because they are feckless and lazy, and that's why they're poor in the first place, so you should never just give the poor money because it won't help them, it will just make them lazy." (This one is a double decker of Logical Fallacies, because it combines the Slippery Slope with Circular Reasoning.  Used frequently to gut SNAP, etc.)

"Give teenagers birth control and all they'll do is have sex and get pregnant." (Actually, the opposite is true - see HERE)

False Dilemma - You're given two options, black or white, which do you choose?  Except that there is probably at least a third option, if not a lot more.  

“Either we go to war, or we appear weak.”  (Ever hear of diplomacy?)

"The only economic options are unfettered capitalism or communism." (There used to be a wide range of economic theories and practices - remember mercantilism? - but that was back in the 18th & 19th centuries when, apparently, people had time to think about such things.)  

"Either we open the country to restart our economy or we keep everything shut down."  (How about if we increase our testing and contact tracing abilities first?  How about if we mandate certain rules for how we open and what we have people do?)  

Meanwhile, all of these, and many more can be found at the following websites:

https://thebestschools.org/magazine/15-logical-fallacies-know/

https://owlcation.com/humanities/Some-Common-Logical-Fallacies-and-How-They-Corrupt-Reasoned-Debate

Good reads. After all, it's always good to know what kind of bulls&&t's being handed to you, and how to refute it.

† "We have courtesans [hetairai] for pleasure, concubines for the daily tending of the body, and wives in order to beget legitimate children and have a trustworthy guardian of what is at home." Appolodorus, Speech Against Neaera (Link HERE)

Florida News – Sudden Death Edition

by Leigh Lundin

Death and Texas

Florida’s corporate prisons face a major problem. Our inmate population is so huge that even a death a day from guards and other inmates can’t cure the overload. We proudly possess the second largest death row in the nation and we can’t kill the convicted fast enough. Believe me, Florida tries and we compete fiercely.

Surmounting our rivalry with Texas came with bitter disappointment. Just as we pulled ahead of the Lone Star State, California came from behind to pass us both. That sound of gnashing teeth means we’re still Nº 2.

The Supreme Court keeps telling us our capital punishment statutes aren’t constitutional. Hey, as long as jurors had a ⅚ majority and it was fishing season, we were good to kill. We didn’t need no stinking 100% unanimosity. If a misguided jury decided the accused didn’t deserve death, our statutes allowed a hanging judge (who in Florida isn’t?) to override those wussy jurors and impose a death penalty anyway. How dare the Supreme Court tell us that’s not fair!

The Florida legislature raced forward and not only patched statutes making it easier to execute, they also enhanced the Shoot First / Stand Your Ground law, making it even easier for Floridians to kill each other and stray tourists caught in the crosshairs, not that anyone bothers aiming.

Originally, like Britain and most of North America, we relied upon the Castle Defense, a code aimed toward preserving life. If your land or your home was invaded, your first duty was to retreat, phone 911, and fire a warning shot if you were armed. You weren’t authorized to kill unless you were in imminent danger.

The Shoot First / Stand Your Ground law changed that. The NRA didn’t like the idea of strategically retreating and especially didn’t want good ammo going to waste. The SF/SYG law allowed you to shoot anyone who trespassed or stood in your way if you felt fearful. As has been noted, the legislation was written by white people for white people. Whereas a few hundred citizens have escaped prosecution or conviction, ask black folks how well that law worked for them.

Flush with the heaving, panting bosomy excitement of seeing the SF/SYG metastasize across the country, Florida decided it could do better. The new, enhanced law, making its way through the Florida legislature, adds new benefits for lucky gun owners.

1. Just as SF/SYG removed the requirement of first attempting to retreat, the new and improved revision says you won’t even have to stand your ground. You could actively pursue your victim, er, fear-causing-person.
2. In the original SF/SYG incarnation, you merely had to show you were afraid. The revision places the onus on police and prosecutors to prove beyond a reasonable doubt the use of deadly force was not justified. A perpetrator relying upon the new law, could without risk, ask for a hearing, claim self-defense, ask a judge for immunity from criminal and civil prosecution, and thus short-circuit a trial.
3. If (2) seems in conflict with (1), don’t worry your pretty little non-Floridian head about facts and logic. (2) still applies.

Choice and Challenge

Along comes a bad guy named Markeith Loyd. He’s big, he’s scary, he’s black. He kills his pregnant girlfriend and goes on the lam, as golden-age crime novels say. While visiting a WalMart a few minutes from my house, he and a lady cop, Sgt. Debra Clayton, recognize each other. Before she can react, he shoots– kills her– and continues on the lam.

Markeith Loyd © Orlando Sentinel

In mid-January, authorities captured the fugitive after he discarded his weapons and surrendered, then sustained “minor facial injuries as he resisted officers,” according to Orlando Police Chief John Mina. While I’m cynical about how he gave up and subsequently obtained facial injuries, I’m pleased to report police didn’t overreact.

Florida polished its latest in capital killing laws and salivated at the prospect of frying Loyd in the ‘new’ Old Sparky. If anyone deserved electric execution, Mr. Loyd did. As some might argue, he merited death writhing in ‘the chair’, his hair smoking, skin cooking, eyes bulging and face contorting so much executioners close the curtains to the sensitive in the viewing room.

And then…

Aramis Ayala © Blue Lives Matter

Orange/Osceola County State Attorney Aramis Ayala, did the unthinkable. The first and only black State Attorney elected in Florida said enough, no more will I seek the death penalty. Quoting concerns about the latest version of Florida's death statute, she correctly added no evidence shows the death penalty improves public safety for citizens or law enforcement, it's costly and drags on for years for victims' families. Despite a spurious claim from the Governor's office, at no time did she say she wouldn't fight for justice– quite the opposite in fact.

Virtually everyone in the Sunshine State gasped in horror. All turned against her… women, men, black, white, Florida Republicans and Democrats (all four of them). Kinder blogs called her misguided. Some claimed she was blinded by BLM. The cruder, calloused, and clamorous referred to her as a traitor… and worse. One man is floating a petition demanding the Governor fire her.

Who couldn’t understand Police Chief Mina’s anger? Who could blame the families of the two women killed if they too were frustrated? No one could, not even Aramis Ayala.

One trait her multitude of opponents couldn’t accuse her of was a lack of bravery. She appears tiny but holds an outsized heart… in the senses of commitment, compassion and fortitude. People like her take the heat but eventually help turn the tide toward justice. Think of those who preceded her who just said no:

• the suffragette who sought the right to vote.
• the woman who wouldn’t sit in the back of the bus.
• the little girl who attended school surrounded by the National Guard.
• the teen who protested the Vietnam War.
• the Son of Man alone in the Garden of Gethsemane.

She gave a comprehensive well-reasoned explanation for her decision without mentioning moral issues or her personal feelings on the topic. While fully cognizant of the desire for revenge and retribution, I admire what Aramis Ayala is trying to accomplish as she stands alone. That doesn’t negate the feelings of victims’ colleagues, family and friends, but her decision makes her a heroine… even if she’s wrong…but history says she isn’t.

The drama was far from over.

Our corrupt Governor Rick Scott (I use that term advisedly about a man who committed the largest fraud in Medicare/Medicaid in history and was fined $1.7-billion) read the polls and flew into a rage. He pulled Aramis Ayala from prosecution. Scott installed his own minion to erect the legal scaffolding around Markeith Loyd and grease the skids to the death chamber in that jewel of Florida, beautiful, exciting Raiford.

To reiterate, Gov. Scott removed a duly elected official from my county and substituted his own choice of prosecutor, subverting yet again our election process.

Could a defense attorney argue on appeal that Florida’s governor stacked the deck against the defendant? It would take someone with far more legal knowledge and imagination than I to construct such an argument, but clearly the governor is not above meddling in the legal system, a dangerous precedent. Ayala has received some support from state attorneys and at least one public defender who question Scott's subverting the election process and pressuring state lawyers to do his bidding.

Wait! We have good news! Florida is back on track for executions. With luck, the day may come when we no longer defensively chant, “We’re Number 2! We’re Number 2! We’re Number 2!”

Oh! If you feel like killing someone, come to Florida where your chance of prosecution is rapidly diminishing. We need the tourism dollars.

Of Mice and Men, Again

A few weeks ago I did another weekend-long Alternatives to Violence (AVP) workshop at the pen.  As always, I came back dragging.  Three days is a long time, and it's a hard time, but then again, I wouldn't miss it for the world.  There are infinitely worse ways of spending my time.  (I know; I've done it.)

The workshop was crowded:  21 of us jammed into a 10 x 12 room.  All ages, races, religions, crimes.  Quite a mix.  There are always those who drive you crazy, those who give you hope, those who you want to never see again, and those who break your heart.  I'll never forget the very young man who said that maybe meth wasn't all bad:  at least when he did meth with his dad, his dad talked to him...

This time the heartbreaker was a mentally handicapped young man, whom I will call Lennie.  He had a great time at the workshop.  As I said later on, "AVP is one of the few places where adults will play nicely with him."  And where he won't get made fun of, or insulted, or shoved around, or robbed, or beaten up, or raped, or killed.  We generally have a Lennie in every workshop:  They might not understand AVP, but they know it's safe.  And there aren't that many safe places in prison for the weak, the elderly, the physically or mentally ill, the physically or mentally handicapped.

First, some statistics:  according to Kaiser Health News, 73% of women and 55% of men in state prisons have at least one mental health problem; it's 61% of women and 44% of men in federal prisons; and 75% of women and 63% of men in local jails.
http://kaiserhealthnews.org/news/by-the-numbers-mental-illness-jail/

Those are pretty horrendous statistics. And when we come to addiction:  well, 65% of all inmates meet the criteria for addiction, and alcohol and other drugs are "significant factors in all crimes, including 78 percent of violent crimes, 83 percent of property crimes and 77 percent of public order, immigration or weapons offenses as well as probation and parole violations." http://thenationshealth.aphapublications.org/content/40/3/E11.full

As Alex Briscoe, the health director for Alameda County in northern California, said “We’ve, frankly, criminalized the mentally ill, and used local jails as de facto mental health institutions."

"Prison crowded" by California Department of Corrections - http://www.cdcr.ca.gov/News/background_info.html. Licensed under Public Domain via Wikimedia Commons - https://commons.wikimedia.org/wiki/File:Prison_crowded.jpg#/media/File:Prison_crowded.jpg

Briscoe's right.  We've criminalized the mentally ill.  Even worse, we've criminalized the mentally handicapped, lumping them in with the mentally ill, which they're not.  For one thing, there is no pill or therapy that will ever "cure" or "treat" the mentally handicapped or make them "normal".  Look at Lennie.  About 10 years old, mentally.  Laughing his head off at every joke that he could understand, and most that he couldn't.  Having the time of his life whenever we did a Light & Lively exercise (silly games, but one of the ways we loosen people up and get the blood flowing; plus - hint! - laughing people learn more than bored people).  Lennie was constantly trying to be helpful, from handing out pencils, to reminding me to turn on the coffeepot, to picking up the trash, and so happy when you thanked him.

Yes, Lennie's been convicted of a crime, but he swore he didn't do it.  He might be right.  He might have made an easy scapegoat for someone else.  (It's been known to happen.)  He also might not have understood what he did, or what he was actually convicted of.  I've run into that before, too.  I've also met Lennies who had no idea at all why they were there - just that something bad had happened, and they were locked up.

I don't know which of these is worse.  What I do know is that putting a Lennie in prison doesn't do any kind of good, unless the idea really is for them to be repeatedly assaulted, robbed, humiliated, raped, and/or killed.  Again, there are no medications that will make Lennie more than 10 years old. He will never get "better".  He will never "learn his lesson," "pay his debt to society" or "grow up" because he can't, and there isn't a damn thing that can ever be done to make that happen.

So what do you do with Lennie?  In my perfect world, Lennie would be in a group home, where he can be given care in a safe, structured, respectful environment where adults will let him play games.  But putting Lennie in prison is as cruel as taking your 10 year old child, or grandchild - no matter what they did - and putting that child in prison and saying, "Well, that's the way the justice system works".  Or, "Yes, a group home would be better, but we just don't have the resources for it."  If that's our justice system, it sucks so much swamp water, we've got alligators. And if we don't have the resources - i.e., money - for such things, again I ask, what is money for?

To be honest, if this is the best we can do, and if there isn't going to be any change...   What is right?  What is just?  What is cruel and unusual?  What do you do when the situation is hopeless?

All I can think of is the ending in Of Mice and Men:

The crash of the shot rolled up the hills and rolled down again...  Slim came directly to George and sat down beside him, sat very close to him.  "Never you mind," said Slim. "A guy got to sometimes."   - John Steinbeck, "Of Mice and Men."

The Crime of Capital Punishment

by Leigh Lundin

In mystery stories, the crime story typically ends with the detective's dénouement explaining how he arrived at his conclusions. In some of the 1940s radio plays, the protagonist might even chortle: "Old Sparky will electrify you, Eli!" or "It's the gallows for you, Gusman!"

In real life, this can be the point when the plot intensifies if it's believed detectives or the prosecutor got it wrong. And, in a surprising number of cases, they do. Common wisdom argues a tiny fraction are mistaken, but common wisdom is wrong. Looking only at DNA cases, the State of Illinois discovered one in sixteen condemned men were innocent, but cases of actual innocence could be double that. Experts extrapolate that as many as one in eight men sent to their deaths may be innocent. If they're right, three hundred currently on death row might not be guilty.

That number may be extremely conservative because the Innocence Project exonerated 250 men by February of last year. The pace is slowing… in many cases there is no DNA to connect the crime with the accused but, according to Innocence Project statistics, eyewitness identification erred in an astonishing 70% of their cases. Even in up-close-and-personal rape, identification is often wrong.

The Court of Lost Appeal

Another reason the pace is slowing is that prosecutors and courts throw up impediments to testing. Prosecutors sometimes 'lose' evidence or launch legal arguments to prevent testing.

In Kafkaesque rulings two years ago, the Supreme Court slapped down the Innocence Project. They held that prisoners have no right to post-conviction DNA testing. The Supreme Court expressed deep disdain when DNA was used to exonerate. In dismissing exculpatory DNA evidence, one of the justices wrote that forensic science has "serious deficiencies". Chief Justice Roberts expressed a fear that post-conviction DNA testing risks "unnecessarily overthrowing the established system of criminal justice."

Finality

In middle school, we're taught the accused are considered innocent until adjudged guilty. This remains true even though the prosecution comes to court with several advantages and the defense is often, well, defensive.

To this Court, 'finality'– the court's term for closure– is more important than accuracy. As law professor General Beishline said, "If you've come to the law seeking justice, you've come to the wrong church."

The AEDPA, Gingrinch legislation signed into law by President Clinton, prohibits federal courts from remedying miscarriages of justice. The AEDPA rendered federal courts powerless to correct state courts' misinterpretations of U.S. constitutional and federal law. Judges may try to step outside legalities to set matters to right, but few judges are willing to risk their careers. They are, after all, subject to elections and reappointments.

Execution of 'Anarchists', Chicago, 1887     (credit: ChicagoHistory.org)

Savvy and Savaging Politics

Arkansas: Capital punishment makes good politics. During his first presidential campaign, Governor Bill Clinton returned to Little Rock to sign the death warrant of a mentally deficient man (who was saving his pecan pie until after his execution). Clinton may have had in mind the lessons of another governor, Michael Dukakis who'd cleared the way for Willie Horton to be freed.

Florida: Our Florida governor Bob Martinez started signing death warrants his first full day in office as quickly as they were slapped on his desk. When it appeared he would lose re-election, he ramped up executions against international protests. Several legal experts are convinced he wittingly executed innocent men. As the Innocent Project demonstrated significant numbers of the condemned were truly innocent, Florida (like North Carolina's Inquiry Commission) recently established a commission to review doubtful cases.

Texas: The last two governors of Texas who campaigned for president set records in numbers of executions. Both Governor Bush and Governor Perry asserted Texas never wrongfully executed anyone, ever. Governor Perry was so convinced, he shut down a state investigation by the somewhat gutless Texas Forensic Science Commission that was looking into doubtful convictions. As writer J.D. Bell said, "If Perry was certain of Texas' infallibility in assuring the guilt of all 235 men sent to death during his gubernatorial reign, then there surely would be no reason to block a thorough investigation into Willingham's execution."

Illinois: Governor George Ryan has had his woes, but his legacy may have helped reshape capital punishment in the land of Lincoln. Once freed from political constraints, he turned his attention to the nearly 300 men on death row. In a matter of months, 18 were exonerated, not merely judged not guilty but proved not guilty.

Two Wrongs

Almost as bad as executing the wrong man, the real perpetrator likely goes free. In the recent Troy Davis case, after seven witnesses recanted their stories, the remaining chief accuser against Davis was the most likely suspect. Calls for relief from conservatives and liberals, from religious and political leaders went unheeded. Psychologists contend his repeated trips to the execution chamber were a form of torture.

When witnesses recant, appeals courts and parole boards almost invariably take the position witnesses lie the second time. Though convenient for the prosecution, that psychology seems backwards to me. Transcripts coming out of parole hearings show boards strongly influenced by prosecution bias and seldom by the notion that a jury erred. Indeed, the last judge who looked over Troy Davis' new evidence and witness recantations agreed there was some little mitigation, but in the end wrote Davis failed to prove his absolute innocence and that repudiations were "smoke and mirrors."

Make a Write

The English teacher in my tiny high school formed debate teams. I'm grateful to Miss Arthur's debates for a couple of reasons. First, I'm still amazed how often the fallacies taught in debate show up unchallenged on talk radio. Secondly, the exigencies of preparation forced me to thoroughly research the death penalty. For a multitude of reasons– ethical, technical, financial, and moral– I came away convinced capital punishment was wrong.

But mine isn't the final opinion— it is only mine. Yours may differ and feel welcome to talk about it here.

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