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In this post, starting again with a few highly-plausible Kantian metaphysical, moral, and political premises, I want to present two new, simple, step-by-step arguments which prove decisively that the ownership and use of firearms (aka guns) and capital punishment (aka the death penalty) are both rationally unjustified and immoral.

The post A world with persons but without guns or the death penalty appeared first on OUPblog.

Every year, on December 10, UN Human Rights Day commemorates the day in 1948 on which the United Nations General Assembly adopted the Universal Declaration of Human Rights. Although the Declaration itself said nothing about the death penalty, the International Covenant on Civil and Political Rights (ICCPR) that incorporated its values in 1966 made it clear in Article 6(6) that ‘nothing … should be invoked to delay or to prevent the abolition of capital punishment by any State Party to the … Covenant,’ which now has been ratified by all but a handful of nations.

Today, we pause to consider the considerable changes that have taken place in the use of capital punishment around the world over the past quarter of a century, changes which have shifted our pessimism – believing that in many regions of the world there was little hope of worldwide abolition occurring soon – towards increasing optimism. Since the end of 1988, the number of actively retentionist countries (by which we mean countries that have carried out judicial executions in the past 10 years) has declined from 101 to 39, while the number that has completely abolished the death penalty has almost trebled from 35 to 99; a further seven are abolitionist for all ordinary crimes and 33 are regarded as abolitionist in practice: 139 in all. In 2013 only 22 countries were known to have carried out an execution and the number that regularly executes a substantial number of its citizens has dwindled. Only seven nations executed an average of 20 people or more over the five year period from 2009 to 2013: China (by far the largest number), Iran (the highest per head of population), Iraq, North Korea, Saudi Arabia, the United States, and Yemen. The change has been truly remarkable. Indeed, we have witnessed and recorded a revolution in the discourse on and practice of capital punishment since the fall of the Berlin Wall.

This year’s Human Rights Day slogan – Human Rights 365 – encompasses the idea that every day is Human Rights Day. It celebrates the fundamental proposition in the Universal Declaration that each one of us, everywhere, at all times is entitled to the full range of human rights, that human rights belong equally to each of us and bind us together as a global community with the same ideals and values. What better day then to reflect on the dynamo for this new wave of abolition – the development of international human rights law and norms.

Arising in the aftermath of the Second World War and linked to the emergence of countries from totalitarian imperialism and colonialism, the acceptance of international human rights principles transformed consideration of capital punishment from an issue to be decided solely or mainly as an aspect of national criminal justice policy to the status of a fundamental violation of human rights: not only the right to not to be arbitrarily deprived of life but the right to be free from cruel, inhuman, or degrading punishment or treatment. The idea that each nation has the sovereign right to retain the death penalty as a repressive tool of its domestic criminal justice system on the grounds of its purported deterrent utility or the cultural preferences and expectations of its citizens was being replaced by a growing acceptance that countries that retain the death penalty – however they administer it – inevitably violate universally accepted human rights.

The human rights dynamic has not only resulted in fewer countries retaining the death penalty on their books, but also in the declining use of the ultimate penalty in many of those countries. Since the introduction of Safeguards Guaranteeing Protection of the Rights of those Facing the Death Penalty, which were first promulgated by the UN Economic and Social Council resolution 1984/50 and adopted by the General Assembly 30 years ago, there have been attempts to progressively restrict the use of capital punishment to the most heinous offences and the most culpable offenders and various measures to try to ensure that the death penalty is only applied where and when defendants have had access to a fair and safe criminal process. Hence, in many retentionist countries juveniles, the mentally ill, and the learning disabled are exempt from capital punishment, and some countries restrict the death penalty to culpable homicide.

There has been some strong resistance to the political movement to force change ever since the Second Optional Protocol to the ICCPR was adopted by the UN General Assembly in 1989. Attempts by the abolitionist nations at United Nations Congresses, in the General Assembly, beginning in 1994, and at the Commission on Human Rights, annually from 1997, to press for a resolution calling for a moratorium on the imposition of death sentences and executions met with hostility from many of the retentionist nations. By 2005, when an attempt had been made at the Commission on Human Rights to secure sufficient support to bring such a resolution before the United Nations, it had been opposed by 66 countries on the grounds that there was no international consensus that capital punishment should be abolished. Since then, as the resolution has been successfully brought before the General Assembly, the opposition has weakened as each subsequent vote was taken in 2007, 2008, 2010, and 2012, when 111 countries (60 per cent) voted in favour and 41 against. Just three weeks ago, 114 of the UN’s 193 member states voted in favour of the resolution which will go before the General Assembly Plenary for final adoption this month. The notion behind Human Rights 365 – that we are a part of a global community of shared values – is reflected in this increasing support for a worldwide moratorium as a further step towards worldwide abolition. We encourage all those who believe in human rights to continue working towards this ideal.

Headline image credit: Sparrow on barbed wire. Photo by See-ming Lee. CC BY 2.0 via seeminglee Flickr.

The post Human Rights Day: abolishing the death penalty appeared first on OUPblog.

        

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By Edward Zelinsky

Like most Connecticut residents, I watched with a mixture of fascination and horror the trial of Steven J. Hayes. Hayes is one of two defendants accused of the particularly gruesome home invasion murders in July, 2007 in suburban Cheshire, Connecticut. Hayes has been found guilty; the jury has sentenced Hayes to receive the death penalty.

Like everyone who followed this trial, I have both admired and sympathized with Dr. William Petit, Jr. whose wife and two daughters were brutalized and killed by Hayes. Unsurprisingly, Dr. Petit wanted the death penalty in this case as would I had I been in Dr. Petit‘s position. So compelling have been the facts exposed at Hayes’ trial that many normally outspoken opponents of the death penalty have remained silent as the jury assigned that penalty to Hayes for his truly evil crimes.

During the Hayes trial, I also spent much time thinking about Ricardo Beamon. Mr. Beamon too was killed in July, 2007 in Connecticut. Mr. Beamon had led a troubled inner-city life which he had turned around by founding, in the words of the New Haven Register, a “high-end urban clothing” store. Mr. Beamon, who left a two year old daughter, was killed in a robbery. In a plea agreement, Mr. Beamon’s murderer agreed to a twenty year prison sentence. Mr. Beamon’s murder has occasioned relatively little public attention.

Undoubtedly, distinctions can be drawn between these two cases. However, the similarities are great as well. Both the members of the Petit family and Mr. Beamon are gone, leaving their respective loved ones to grieve for their undeserved losses.

In this context, I have been thinking as well of my nephew Brandon who was killed last summer by a negligent car driver. I am angry about the loss inflicted on us. If I could, I would like to take matters into my own hands. Instead, he will receive a prison sentence and then resume his life. Our loss is no less because the individual who killed Brandon acted negligently, rather than intentionally.

Under these circumstances, I cannot say that we inflict the ultimate penalty of death in a principled fashion.

One other family member has influenced me as I mull these issues, my late uncle, Justice Seymour F. Simon of the Illinois Supreme Court. Seymour was a consistent dissenter in his court’s death penalty cases. The legal basis for his dissent was, at one level, quite technical, namely, that the Illinois death penalty statute permits excessive prosecutorial discretion and violates the separation-of-powers provision of the Illinois state constitution.

However, Seymour came to be a profound critic of capital punishment. Seymour did not oppose the death penalty out of a soft-minded sympathy for those who commit horrible crimes. Rather, sitting atop a large state judicial system, he became convinced that we inflict the death penalty in an unprincipled manner.

I suspect that, when she grows up, Ms. Beamon will agree.

I can’t oppose the death penalty in all cases. Capital punishment was appropriate at Nuremberg. The Israelis were right to hang Adolf Eichmann. If we catch Osama bin Laden, I would favor, in Abe Lincoln’s famous phrase, hanging him like Haman “upon the gallows of [his] own building.”

But short of these cases,

I’ve just read John’s ‘Pollyanna’ blog and boy, do I need to hold it in mind right now. Writing fiction? What’s that? Most of my writing time (I also run a youth theatre, am training to be a counsellor and spend far too much time doing school visits!) in the last week seems to have been taken up by sending e-mails, letters and Facebook messages because I have a penfriend, Eric Cathey, on Death Row whose execution date has been set for November 18th. I’ve recently been given the go ahead by his attorney as writing ‘can do no harm’ so am writing as much as I can in an attempt to save his life. The chances of my writing – or anybody else’s writing – making any difference are so slim (this is Texas I’m talking about and they’re executing two a week at present) that I almost feel like not bothering and working on the kids’ novel I’m trying to draw from the horror. (‘Wow! That’ll be a big seller then, Mum,’ says my sixteen year old daughter. ‘For 12-14 year olds? You think?’ She wanders off, shaking her head at her mother’s lunacy.) But my husband, the one who does the real work around here and funds my craziness, is sanguine. ‘You’re a writer. You have no choice. That’s what you’re here for.’ He doesn’t mean the fiction.
It was 85 days ago that I heard the news. There are 26 left out of a friendship that has lasted over 3 years. My latest letter arrived yesterday. Eric’s unit is on lockdown (all privileges, including hot meals, withdrawn because someone misbehaved – this isn’t the place for more detail) but Eric rejoices that he has been allowed a visitor, is glad that he is in good health at present and writes:
‘Yesterday my friend 6:6 fixed us something to eat and I swear, I never thought chilli and corn chips ever tasted so good! : ) So I got a chance to eat a good meal while listening to my favourite team win their first game of the season!’
Eric has been in solitary confinement for 23 hours a day for eleven years now, with no TV, just a radio. I think he could empathise with Pollyanna at the worst moments! What a continual and very present reminder he is to me to value my smallest blessings, including, as John points out, the support of my community. (The phone goes – it is a friend, bless him, checking that I am OK. Timing, hey?) Eric values the friends he makes shouting through the doors and the bars of the exercise areas, the few visitors who can visit once a week and talk to him through the plexi-glass and the letters from his eight penfriends. Even on Death Row the survivor makes community. Those that cannot, for whatever reason, lose their minds.
So yes, John, let us be deeply Pollyanna-ish in our gladness for whatever we have and most of all for the support of our communities – and, as we are writers, let us be particularly grateful for the communities we make through our writing.
If anyone does want to write or e-mail in defence of Eric, I would be very grateful. Personally, I don’t care if he’s guilty or innocent of the murder of which he was convicted; I am against capital punishment. But Eric has always claimed he is innocent and there is doubt about the ‘safety’ of his conviction, which has been the subject of several petitions. The details you will need are as follows:

Governor Rick Perry,
Office of the GovernorP.O. Box 12428Austin, Texas 78711-2428

e-mail: [email protected]

Eric's convict number is #999228. He 37 years old and is an inmate of the Polunsky Unit, Livingston, Texas.