Thoughts on the Moussaoui trial
Apr. 6th, 2006 09:46 amFirst a disclaimer. I am an opponent of capital punishment. I am also a realist who accepts that most states for most of human history have reserved the right to impose the death penalty. I therefore accept that the United States has the right to keep the death penalty in its legal arsenal if that's what its citizens want.
Having got that out of the way I find the way the US legal system deals with the death penalty peculiarly disturbing. First, there's the absurdity of a system that can keep someone on death row for twenty years and then execute him or her. Now, constitutional doctrine appears to evolved to the point where a jury must decide whether the death penalty is appropriate. One might hope that a decision on the life or death of a human being would be made in a sober and analytical way but, as we can see from what's going on in the Moussaoui trial, in practice we are getting something between a farce and "Survivor". Take this from the BBC today:
Now that's just shameless emotional manipulation. What next? The defence brings Moussaoui's kids into court crying about their daddy?
I realise suggesting that American lawyers should show some sense of decency and decorum is a bit like asking a piranha to turn vegan but really.
Having got that out of the way I find the way the US legal system deals with the death penalty peculiarly disturbing. First, there's the absurdity of a system that can keep someone on death row for twenty years and then execute him or her. Now, constitutional doctrine appears to evolved to the point where a jury must decide whether the death penalty is appropriate. One might hope that a decision on the life or death of a human being would be made in a sober and analytical way but, as we can see from what's going on in the Moussaoui trial, in practice we are getting something between a farce and "Survivor". Take this from the BBC today:
Prosecutors are said to be planning to read out the names of the 2,972 victims of the attacks, and show their pictures in court.
Now that's just shameless emotional manipulation. What next? The defence brings Moussaoui's kids into court crying about their daddy?
I realise suggesting that American lawyers should show some sense of decency and decorum is a bit like asking a piranha to turn vegan but really.