Death to the Death Penalty

Electric Chair ProtestThe death penalty is nothing new but it caught my eye because of Osama Bin Laden reportedly being killed and because of the “let’s shoot the looters” comments I saw on a Christchurch earthquake Facebook page.

Death to the death penalty (video)
Stop the death penalty (video)

Let’s assume that Bin Laden was killed and buried straight away in the… ocean? This example is interesting as he wasn’t killed after he was sentenced to death by a court. However Obama said he: “…[made] the killing or capture of Bin Laden the top priority…”

Whether Bin Laden was killed intentionally or not I’m not sure. Now his body is in the water so we might not ever know. However I found the outpour of support for Bin Laden’s death and even the celebration resulting on sites like Twitter extremely interesting. And a lot of people were celebrating. I wondered if all of those people would support capital punishment in less extreme circumstances, like for the murder of one person? Or whether this event has changed their views to support the death penalty?

Did this bring about justice? I say no. A civilized trial would have created justice, in my opinion. Some said that the celebrations were justified because it symbolized the fighting and winning against terrorism. Because a figurehead of terrorism was downed. But Bin Laden was just that, a figurehead. Did he encourage hate, hurt and violence? Yes. Did he pull the triggers himself? No. Will someone take over his place leading Al-Qaeda? Yes.

More importantly, does this mean I’ll be able to take my bottle of water through airport security now?

@robinbogg Twitter Two Wrongs Make a Right - BREAKING: Children everywhere confused by sudden implementation of two wrongs make a right

The permanence of capital punishment is concerning. How sure would you need to be of someone’s guilt to support an execution? What if mistakes were made? Are a few false positives alright?

Does the death penalty grant relief to the suffering victim’s families?

This editorial in the New York Times says no: ‘In an open letter to the Connecticut Legislature, relatives of murder victims — 76 parents, children and others — wrote that “the death penalty, rather than preventing violence, only perpetuates it and inflicts further pain on survivors.”’ The death penalty deepens the wounds and the pain of victims’ families and the accused’s family. It creates more victims and continues the cycle of violence.

This page has stories from inmates’ families on how they’ve been affected by an execution. Bill Babbitt turned in his brother for committing a murder and was under the assumption that his brother would get the help he needed. His brother who was a paranoid schizophrenic was sentenced to death. Robert Meeropol talks about having both of his parents executed when he was six-years-old.

The death penalty makes it easy to “solve” re-offending without having to deal with the policies behind parole. It’s also easy to say prison officers would be protected, when in reality issues surrounding staff security need to be sorted.

Instead of putting forward the death penalty as a solution for crime, let’s create better policies. Policies that identify youth that are at-risk of offending. Better mental health services. Let’s remind ourselves that people released from prison need support starting well before they’ve been released to successfully assimilate back into society.

Alternatives to capital punishment might be the way out. Harris County, Texas, District Attorney Johnny Holmes says “you’re not going to find 12 people back-to-back on the same jury that are going to kill somebody when the alternative is throwing away the key.”

Is there a humane way to kill someone?

By poisoning with the lethal injection? Where are those drugs coming from?

Texas was reluctant to release where the drugs they use in their death row come from. Besse Medical, apparently. Feigning ignorance, Besse say they “…[have] no way to determine what its customers, including the Texas corrections department, does with its products.”

That article reports a shortage of U.S. made lethal injection drugs and says states have had to import from overseas. As overseas countries ban the export of those drugs for use in executions (“that supply dried up after the British government in November banned its export for use in executions”) and drugs are imported from dubious sources or drugs are reappropriated, concerns should be raised over the quality and efficiency of the drugs being used. Are they going to kill someone quickly and painlessly? Oklahoma is using an anesthetic, pentobarbital, that’s used in animal euthanasia solutions.

What level of training do the people administering the drugs have regarding administration or dosage?

Short answer: University of Miami researchers say none. It appeared prisoners were assumed to be successfully anaesthetised if they were given a standard dose of thiopental, but this wouldn’t be true if the drug was given incorrectly, the execution took longer than anticipated or the prisoner had anxiety or serious substance abuse issues. After analyzing autopsy data for 49 prisoners who had been executed, researchers found that in 43 cases the concentration of anaesthetic in the prisoners’ blood were lower than required in surgery. Out of those 43, 21 of the concentrations “were consistent with [the prisoner] being aware of what was going on.”

…the researchers, led by Dr Leonardis Koniaris, said: “We certainly cannot conclude that these inmates were unconscious and insensate.”

“However, with no monitoring and with little use of the paralytic agent, any suffering of the inmate would be undetectable.”

They add: “The absence of training and monitoring, and the remote administration of drugs, coupled with eyewitness reports of muscle responses during execution, suggest that the current practice for lethal injection for execution fails to meet veterinary standards.”

As a society we can do better than a primitive band-aid on the long-term problem of crime.

See also: an eye for an eye ends up making everybody blind.

Image credit: World Coalition Against the Death Penalty

The Republic of New Zealand

The QueenSome people have commented that the Royal Wedding is going to encourage support for the monarchy from New Zealanders. I disagree. The wedding highlighted a lack of Kiwiness. A fairy-tale story of princes and princesses. A lavish old-fashioned ceremony. Backward gender roles. People from other countries enjoyed the wedding without being part of the monarchy.

Irrelevance of the British monarchy to us (and I guess vice versa) was shown in the Queen’s (very religious) 2010 Christmas message. The Governor-General in his 2011 New Year Message spoke about the Pike River mining disaster and the Canterbury earthquake, both which would’ve been appreciated by New Zealanders as topics in New Zealand’s real head of state’s address.

No need for a Rolls-Royce. A Toyota Corolla, a minimalist’s republic, will be fine. –Dean Knight

Becoming a republic could be quite painless: changing the Governor-General from being our head of state in effect to our real head of state. Everything could else could stay the same.

Our Head of State should be chosen by us, from amongst us, and be able to reflect the values of our nation. It’s time for a Kiwi Head of State.

As Dean also points out, becoming a republic doesn’t mean we can’t still be part of the Commonwealth. We’re one of 16 (out of 54) countries that have Queen Elizabeth as our head of state.

Change seems most likely when the current Queen passes away, by referendum. Her mother was 101 when she died, so there might be some waiting to do.

Image credit: Steve Punter

The Remedy To Be Applied Is More Speech, Not Enforced Silence

Christchurchquake.netHRC pressures King & Spalding to drop case defending the Defense of Marriage Act

King & Spalding, the law firm hired by House Republican leaders to defend the Defense of Marriage Act (DOMA) dropped the case. The U.S. Defense of Marriage Act aims to “define and protect the institution of marriage”. It says that no state etc. is required to recognize a relationship that is considered a same-sex marriage in another state.

It’s concerning when lawyers bow to pressure to not take a case on (or to drop one, in this case) because of public opinion. A similar argument could apply to people accused of rape, murder etc.—that lawyers are horrible people for representing them.

The Human Rights Campaign pressured K&S to drop the case. The cost is capped at $500k and a lot of Americans would rather the focus be on other issues—“when read statements for and against defending DOMA in court, 54 percent of voters oppose the House Republicans’ intervention, while only 32 percent support it.…”.

K&S has a high rating on HRC’s Corporate Equality Index, meaning they hire without discrimination. Just because they were going to defend this viewpoint doesn’t mean they supported it.

The pressure should be targeted at the House Republican leaders and not at the people doing their jobs.

Earthquake moon man silenced

Mr Ring said he also feared he would be prosecuted for inciting a riot following his quake prediction.

“I’ve been virtually told by [ACC minister] Dr Nick Smith and Sir Peter Gluckman [the prime minister’s scientific advisor] that I’m not qualified to put statements out about earthquakes. They will have me legally if I do that.

“Until they reverse that, I’m completely bound to silence. I don’t want to go to jail.

“They said it was like calling out fire in a crowded theatre and that’s against the law — it’s called the riot act, and inciting riot.” –Stuff.co.nz

The Crimes Act defines a riot as “…a group of 6 or more persons who, acting together, are using violence against persons or property…”. It also seems like the Riot Act (or at least the reading of the Riot Act?) was repealed.

To my unqualified eye this seems like a questionable interpretation of the law and a questionable use of status to silence someone.

Website blaming earthquake on gays taken down by host

A website was put up shortly after the Christchurch earthquake at christchurchquake.net (now suspended), blaming the quake on the gay community, and the people supporting it. It was widely covered, including by the Sydney Morning Herald. Bluehost received many complaints about it (in the thousands, according to a source) and said they’d only act if they received a court order to do so (I asked and they said they would accept a New Zealand one), but eventually pulled it down because of a copyright complaint.

People or corporations using copyright complaints to get content taken down that they don’t agree with or would rather not have up isn’t uncommon. In this case a whole site was taken down because of one image.

The complaints used Bluehost’s terms of service, section 9.14 as the reason:

Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.

Several people have pointed out that web hosts shouldn’t have to decide whether something is legal or not. Bluehost refused to decide and asked for a court order. This reasoning would have been better received by complainers if Bluehost didn’t include clauses in their terms of service that say they will take down a site if it contains x. However I am sure Bluehost isn’t the only host that does this.

The site reportedly suffered a DDoS attack as well, which affected other customers on the same server.

This is a change of tune from what I said immediately after I heard about the website, but I support this decision by Bluehost. The site was in bad taste, however should still be protected as free speech until potentially being deemed illegal by a court. If this had been a pro-gay website and anti-gay people had pressured the host to take it down then succeeded because of a copyright complaint, these same people against this site would be angered.

Bluehost let themselves down by taking down the website because of one copyrighted image. I am curious as to whether the customer behind the website was given a chance to respond to the copyright complaint. They received lots of complaints and bad press about this. This would’ve been a perfect topic for the CEO’s blog on why they weren’t going to take action without a court order.

However this event brings up an interesting idea: that the Internet has unwritten rules and if something or someone goes against those rules, people come together over forums or social media etc. to try fight it. This has happened before with child and animal abuse (the perpetrators tracked down), fights for democracy (help with the spread of information to citizens) and corporations with questionable business practices (unfortunate documents released) and because of the nature of the Internet will continue to happen.

Image credit: Christchurchquake/DomainTools