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Daniel Alexandre Portoraro

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The Death Penalty? Canada Can Do Better Than That

Posted: 05/10/2012 4:20 pm

As jurors in the Tori Stafford decide fate of accused child killer Michael Rafferty, the gruesome details of the case have renewed calls to bring back the death penalty in such brutal murders. Abubakar Kasim argues that those who are are opposed to the death penalty would change their minds "instantly if their loved ones were brutally murdered." Thankfully, our lawmakers are not so quick to decide legislation based off emotion.

But beyond this point, does the death penalty truly offer any sense of justice? Hardly. If it is to tip the scales of anything, it would be of restoring population to its original odd -- or even -- number. What's so distressing about capital punishment is two things: firstly, what it represents, and secondly, that it's a mediocre solution.

The death penalty, if we were to water it down, is nothing more than the Sharia Law mantra of "an for an eye." This is the set of laws which led Mohammad Shafia to "honour kill" his daughters. This is the same family which Kasim argues should suffer the death penalty -- the irony is outstanding.

A country such as Canada has no business whatsoever adopting such barbaric practices as killing its own men and women.

And beyond thinking of its own image and moral integrity, one must also think of what the death penalty does. For the prisoner, death is nothing but a form of release, it is in fact freedom; freedom from having to atone for one's sins, freedom from judgement, and freedom from prison.

The argument that upon death, the murderer will have to face Saint Peter and his VIP guest list at the Pearly Gates is a comforting ideal, but little more than that. And in state matters, such things cannot be taken into account. Simply put, to adopt the death penalty would be to adopt an ineffective way of dealing with the country's worst citizens.

It is also important to keep in mind that those who are tempted to commit the ultimate sin are often themselves devoid of any fear of death; what sort of deterrent is that? All ten of the states in the U.S. with the highest homicide rates employ capital punishment -- clearly this isn't scaring criminals enough.

If it's clearly not working in the United States, why would it work in Canada? Besides, with all this talk about capital punishment, this is the chance for our nation to get creative, and maybe even save some money.

What could be greater punishment for an individual than to be separated from society for the rest of his life, to live in discomfort, and be forsaken to, as a child is told by his teacher, "think about what he's done?" Isolation from one's peers, from his loved ones, regardless of what Sartre says, is the ultimate hell. Especially if one knows they are so near to the fence, outside, living life as the criminal once did -- to be aware that outside his small cell there is a world that continues to revolve without him, that is the ultimate punishment.

Now of course, there is the issue of cost. Currently, Canada spends $312 a day keeping a prisoner warmly blanketed, well fed and entertained. The last part is no exaggeration. Today's prisons have all the amenities of an airport hotel, and each of them paid for by the good folks who observe a law-abiding life.

So clearly, the idea of life imprisonment being the ultimate punishment is a bit skewed when this is taken into consideration. However, if Canada were to stop giving murderers menus at meal times, and take away those linens that run the state $1.7 million a year (clearly, this airport hotel is a member of the Four Seasons family), then a lifetime in a gray block might better fit as the ultimate punishment. Naturally, such barren accommodations should be extended only to those who have committed murder.

It is also important to keep in mind that those who are tempted to commit the ultimate sin are often themselves devoid of any fear of death. Additionally, for a great deal of criminals, prison is merely a better-heated and better-furnished place to live than the accommodations they currently hold. And maybe most attractive of all: They don't have to pay a thing.

In prolonging the pain and suffering of those who have caused others eternal pain and suffering, there is a sort of real-life reminder of what happens should one commit murder; as opposed to when the murderer has gotten the needle and has disappeared into the realm of memory, and runs the chance of being forgotten, or worse yet in some rare cases, romanticized.

There is another point against capital punishment which Kasim conveniently seems to forget. You see, death is not exactly reversible, and should there ever have been a mistake, well, there is not much the state can do to rectify its errors. Keep in mind that the costs for trials in which the death penalty might be the outcome are insurmountably high. Using Kansas as an example, trial costs alone amount to an average of $508,000; 16 times greater than for non-death cases. Now, if the courts are wrong, as they sometimes are, half a million dollars will be spent on a mistake, and unfortunately for the taxpayer, there is no refund.

By cutting down on the amenities of prisons, and reducing them to what they should have always been -- vacuums of the soul, barren places where this is nothing to do but be awake, and sleep (in short, do almost the complete opposite of what the Scandinavians do in their four-star "prisons") -- and taking costs into consideration, not to mention the moral debacle of killing men and women outside of war time, there is no possible way in which the death penalty for murderers can be justified. It is a barbaric practice, one which caters only to an individual's shortsightedness, and animal-like craving for instant gratification.

The death penalty, it could be said, is a consequence of murder; not its deterrent.

 

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As jurors in the Tori Stafford decide fate of accused child killer Michael Rafferty, the gruesome details of the case have renewed calls to bring back the death penalty in such brutal murders. Abubaka...
As jurors in the Tori Stafford decide fate of accused child killer Michael Rafferty, the gruesome details of the case have renewed calls to bring back the death penalty in such brutal murders. Abubaka...
 
 
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01:14 AM on 05/15/2012
Jurors decide the case, Kasim loves emotion beyond scales of punishment. Sharia Shafia honour is Kasim penalty. Practices of death face the gates. More death, worst mind. Any deterrent is creative for society. Hell knows life. Criminal world is well-entertained and romanticized. Kasim Death State is reducing the moral war for gratification. Death is not deterrent.
11:47 AM on 05/13/2012
In Texas cause of death listed for executed prisoners is "murdered". Would those who so eagerly call for the death penalty be willing to kill on behalf of the state; personally make eye contact with the condemned, deliver the final declaration then pull the trigger, inject the poison or pull the lever? Talk is cheap and I suspect volunteering not likely. How popular would consideration of capital punishment be if selection of citizens to implement sentencing was done in the same manner as jury selection?

Thou shalt not kill, whether in person or through proxy. Leave the venom elsewhere ......
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freeSpeakr
I stand on the shoulders of giants
10:18 AM on 05/13/2012
We need capital punishment. If it weren't for capital punishment, we wouldn't have Easter. And that's a three day weekend.
05:18 PM on 05/13/2012
I'm ashamed that I laughed when I read this.
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freeSpeakr
I stand on the shoulders of giants
06:13 PM on 05/13/2012
it's only funny cause it points out how the USA, while maintaining that it's a "Christian nation under God" acts more like it's in the last days of Rome.
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freeSpeakr
I stand on the shoulders of giants
06:13 PM on 05/13/2012
and I'm glad it made you smile.
This user has chosen to opt out of the Badges program
09:29 AM on 05/13/2012
"For the prisoner, death is nothing but a form of release, it is in fact freedom..."

While the moments before death may be difficult, death, if you do not believe in rebirth, is the release of memory and thus responsibility. I agree with the author here.

"Now of course, there is the issue of cost."

This is where I get uncomfortable. Because our current Conservative government is always looking for ways to save a buck. Outside of war, it is their only agenda. Those of us that believe the death penalty is state-sanctioned murder, need to be vigilant if this ever comes up as a government bill.

"Today's prisons have all the amenities of an airport hotel.."

This is a very misleading and irresponsible claim. Freedom, at any price, is better than imprisonment, and the author of this article should know this.
03:22 PM on 05/12/2012
Really? You could have saved 75% of your words and called this the "top three general arguments about Capital Punishment You Already Knew."

Sponsored by the University of Phoenix Remedial Journalism Class of 2012.
03:12 AM on 05/12/2012
The death penalty would deter murders IF we used in a timely manner and people didn't sit on death row for so long that they stand a chance of dying from natural causes first.

If you show people that if you take a life we will take yours in short order (after due process, wouldn't want to offend all the bleeding heart liberals who would like to set everyone free and blame parents for how their adult children turned out), then people will think twice.
09:31 AM on 05/12/2012
Due process only exists to plead bleeding heart liberals? Should our justice system be more like Iran's?
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09:34 AM on 05/13/2012
And once their life is taken, do you think their corpse will be remorseful and ponder its responsibility?
09:37 PM on 05/11/2012
I admit that there was a time I believed capital punishment was the only deterrent and justifiable solution to address brutal crimes - a means to an 'end', so-to-speak. While capital punishment literally is an 'end' for the perpetrator, I agree, it certainly is not the 'end' for the victims' families - those left behind to live on, endure and suffer the immeasurable pain from the tragic loss of a loved one's life.

Although I have changed my position on capital punishment for many reasons, some mentioned in this blog, still, my question remains...what is the just and viable alternative to capital punishment? As I see it, there needs to be some plan/consensus on a solution. I'm thinking, as population increases, life expectancy increases and violent crimes increase, how will society cope with this growing need to 'accommodate' (for lack of a more suitable word) these violent criminals?
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09:42 AM on 05/13/2012
How many violent criminals would stay locked up in their "airport hotel" suites if the state decide to have a mercy day and open all doors to freedom?
06:01 PM on 05/13/2012
Interesting - not a reply I expected. I agree with you in that the current "airport hotel suite" accommodations for violent criminals needs to change. But, as for your 'what-if' "mercy day" situation? Personally, for me, I'm not one to spend time deliberating 'what-if' scenarios.
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Juanne Michaud
Proud Canadian, loony lefty
05:27 PM on 05/11/2012
I think we can all agree that there are certain people who are not curable or able to be rehabilitated. At this point in time, psychopathy is essentially untreatable. A Paul Bernardo or Clifford Olson cannot be released into the general population.

I guess the question comes down to: what do you do with a mad dog?

I remember seeing the late, great Robertson Davies comment on the Bernardo case after the verdict was rendered. He characterized the fact of Karla Holmoka's obtaining a college education while in prison as "obscene". I agree; yet generally, I support such programmes -- a lot of convicts have a better chance if they have learned a skill, or received higher education. Davies also pondered the concept of banishment; drop such people off on a remote island somewhere and let them fend for themselves. Sounds like an interesting idea, but where would we drop them? (I keep remembering "The Moon is a Harsh Mistress")

If I am to be totally honest, with cases like the Tori Stafford case, my immediate, snarling reaction is: "String 'em up!" I don't think that anger is the final answer; however, I don't discount it either. That anger is the beginning of justice -- I just don't think it should be the end.

So again -- what to do with the mad dogs, the shambling wastes of DNA that ooze up from the dark corners and make nightmares real?

I don't know.
03:46 PM on 05/11/2012
Nothing deters murder of the sort we're discussing here. Not the death penalty or anything else for that matter, specifically because these sorts of crimes are not rational. The impulse of murder in cases such as this is not a decision in any sense at all really, but rather an artifact of self-deluded madness.

So naturally I consider the entire debate to be moot as it is framed here and pretty much everywhere else. You can't deter crazy and to suggest you can is its own form of madness.

The question of what to do with these psychos is therefore a debate of societal ideals alone: How do we wish to conduct ourselves? What are our values?

I ask myself what's worse: Allowing murderers to lower us to their standard or allowing them to continue to exist?

Though I find neither very satisfying, at the very least I'd like not to be a hypocrit.

By all means keep these crazies segregated from normal society for life or until a board of phsychiatrists deems them safe. While you're doing that, find them something useful to do so that at least society might benefit in some manner. Make sure our own treatment of them is humane and that whatever priviledges they have are a reflection of their behaviour and contribution.

Ultimately we have to realize that we cannot in fact provide any meaningful justice at all and that our treatment of murderers reflects only on us and our values.
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03:07 PM on 05/11/2012
Criminals are not the smartest people out there for the most part. It's complicated but they kill b/c they want no witnesses so they can get away with their initial motive (get money, e.g.). In most premeditated murder cases a perp thinks he can get away otherwise he/she would not planned it. DP is a deterrent, it's just perp thinks he can get away. One part of me for DP and the other against. Complicated.
02:16 PM on 05/11/2012
The puerile arguments in favor of the death penalty are no worse than the twisted logic in this article which proposes substituting an execution in favor of harsher day to day degradation of the individual. The reasoning behind increasing the extent of the torture to be inflicted on an offender depending on the extent of the nature of the murder (1st degree, 2nd degree, homicide, manslaughter) reeks of situational justice. Bread, water, no outside contact or reading materials and 23hr/lockdown for a child murder or a cop killer, versus what? Basic cable and choice of chicken or pasta for someone murdering a fellow drug dealer over a bad debt.

The modern criminal justice system acknowledges that the real victim of any crime is SOCIETY AS A WHOLE. To reconfigure a whole justice system and change the criminal code every time a whack job psychopath the likes of a Clifford Olson, Paul Benardo or General Russell Williams, slithers out from under a rock, just to satisfy the lust for personal revenge on the part of individual "victims" is bad public policy, and even worse law making.

When a homeless person with no living family members gets murdered, is it any less toxic to a civil society than when another person gets murdered who has living family members and plenty of friends? By this reasoning the severity of the punishment of the crime can only be calculated once a complete inventory of friends and relatives has been added to the formula.

The
01:57 PM on 05/11/2012
Wow, both this AND the opposing article are terrible. That's quite a feat.

The more brutal you make prisons, the more violence you'll get both inside and outside.

We should be imitating scandinavia, not running in the opposite direction. They have one of the lowest murder rates on the planet, and that's not a coincidence. Both this and the other article make the same argument in the end; that somehow our society is not opressive enough yet and that we need to add more brutality since there's not enough misery yet. And both of them are completely shortsighted and foolish.

Yes, murderers are terrible people. But how you treat the worst people in society is the yardstick for what your society really believes in.
Donna Meness
www.findmaisyandshannon.com
01:44 PM on 05/11/2012
The current rate in Canada is 102 prisoners per 100,000 population (one seventh that of the United States).

Can we really believe that mandatory jail time is about getting tough on crime? Maybe, if I didn’t know that prior to electoral politics, Stephen Harper was head of the National Citizens Coalition (NCC) one of Canada’s leading privatization advocacy groups.

Since the 1960s, the NCC has campaigned to “de-unionize” the workforce, privatize and/or eliminate public sector services, and discredit activities carried out through the public sector such as education or health care.

On a side note, Management and Training Corporation, the company possibly slated to run Canada’s new super prisons also manage health and education centers in the U.S.A.
Donna Meness
www.findmaisyandshannon.com
01:44 PM on 05/11/2012
On a side note, Management and Training Corporation, the company possibly slated to run Canada’s new super prisons also manage health and education centers in the U.S.A.

As well as lobbying for harsher penalties, at least one private prison resorted to bribery.

Two judges, in Philadelphia, pleaded guilty to accepting more than $2.6 million from a private youth detention center in Pennsylvania in return for giving hundreds of youths and teenagers long sentences. Judges Mark Ciavarella and Michael Conahan of the Court of Common Pleas in Luzerne County, Pennsylvania, entered plea agreements in federal court in Scranton admitting that they took payoffs from PA Childcare and a sister company, Western PA Childcare, between 2003 and 2006. Strangely, neither company was charged.

One 17-year-old boy was sentenced to three months’ detention for being in the company of another minor caught shoplifting. Others were given similar sentences for “simple assault” resulting from a schoolyard scuffle that would normally draw a warning, Marsha Levick, chief counsel for the Juvenile Law Center estimates that of approximately 5,000 juveniles who came before Ciavarella from 2003 and 2006, between 1,000 and 2,000 received excessively harsh detention sentences.”

http://uk.reuters.com/article/2009/02/12/us-crime-usa-judges-idUKTRE51B7B320090212
Donna Meness
www.findmaisyandshannon.com
01:43 PM on 05/11/2012
A dangerous agenda at work within the federal government with respect to the Canadian prison system. At this very moment, the federal Conservative Party, their various corporate partners, and their provincial proxy-parties are pushing hard for a major expansion of the Prison Industrial Complex (PIC). This is the term we use to refer to the interest groups, businesses, and government institutions that rely on locking people up to increase their bottom line.

A few specific issues relating to the ongoing Conservative revolution in prisons and policing, and tries to strategically show a few points of intervention for people who want to resist this expansion. Most of our research has focused on the internal plan to construct new super-prisons, but related issues such as the closing of the prison farms, the backdoor privatization of the prison system, and the introduction of draconian amendments to the Criminal Code are all elements of the Conservative transformation in its vulnerable and weak introductory phase, which could be resisted simultaneously in order to disrupt this current process.

http://www.cbc.ca/news/pdf/a-flawed-compass-final-web-distribution-sep25-09.pdf

Read it & make your own decisions...on whether this is a good idea..super prisons!
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freeSpeakr
I stand on the shoulders of giants
10:22 AM on 05/13/2012
Thanks for the link.