capital punishment

Comment of the Day: “Ethics Quiz: The Kidneys of Orlac”

/ Jack Marshall / 9 Comments
But first, a last act of altruism...

But first, a last act of altruism?

The presumptive winner of the annual Ethics Alarms award for “Commenter of the Year” in 2013, texagg04,  has delivered a Comment of the Day expanding the topic of the post regarding a condemned prisoner in Ohio who wrangled a postponement of his execution so he could donate his organs to relatives. Here is  texagg04’s  take on “Ethics Quiz: The Kidneys of Orlac.” I’ll have some comments at the end.

“First, a murderer or other capital criminal being held responsible for his or her conduct seems to be in conflict with the same individual being allowed to display charity when you say they  forfeited their freedom, all of it, with their commission of a  capital crime. I’m not so sure it should be viewed from that angle.

Punishment serves a variety of purposes. Some petty crimes receive punishment designed to compensate, as best as can be, the victim – the victim being dead, capital punishment does not serve this purpose. Some crimes are of an anti-social nature, and the apt punishment seeks to rehabilitate or reconcile the perpetrator to the community. Capital crimes are so heinous that we have determined that the perpetrator must be completely cut off from society, through their death. In this case, the punishment does nothing for the victim OR for the criminal; the punishment is designed solely for the benefit of society.

If the criminal wishes to donate his/her organs to (what we must assume is to salve their own conscience – even though we can, probably, cynically assume is just a delaying tactic), we should not care one bit. They are gaining no material benefit from the community, nor are they engaging in any direct interaction with the community – so the act of cutting them off from the community as part of the punishment is still complete. Continue reading →

Ethics Quiz: The Kidneys of Orlac

/ Jack Marshall / 32 Comments
Kidneys, okay, maybe...BUT NOT THE HANDS! NEVER THE HANDS!!!

Kidneys, okay, maybe…BUT NOT THE HANDS! NEVER THE HANDS!!!

One individual who may be having complicated sentiments this Thanksgiving is Ronald Phillips, who is current residing on Ohio’s death row. He was supposed to be dead by now, but was spared at the last moment when Governor John Kasich issued a stay of execution to ponder Phillips’ unusual request, which had been rejected by prison officials. Phillips, you see, is not a nice guy, as his current address might suggest. He was convicted of raping and killing the three-year-old daughter of his girl friend. (They subsequently broke up. It was him, not her.) He had experienced a change of heart, however, or rather, wished to facilitate one. His sister needs a heart transplant, and he wants his to be passed over to her after his execution by lethal injection. He also wants his kidneys donated to his mother, who is on dialysis because hers are failing, and any other parts of him that might save a life given to others.

Presumably this will not include his hands, because there are a couple of horror movies, one old one in particular, about what happens after that operation, and they are pretty scary. There are no horror films that I know of, however, about the aftermath of getting an executed murderer’s kidney.

Yet.

Gov. Kasich, who is a nice guy, has explained that as heinous as Phillips’ crime was, the state should try to accommodate his desire to save innocent lives. The tentative plan is to hollow Phillips out, execute him in July, and then harvest anything that’s left.

Have you seen that movie, by the way?

Your Ethics Alarms Ethics Quiz:

Should such a request by a condemned prisoner be granted?

I’ll play devil’s advocate here, except that the advocate for the child rapist deserves the title more than I do. I think Kasich is confused, and that Phillips or his lawyers have figured out one more way to foil the criminal justice system. Continue reading →

Regarding Ariel Castro’s Suicide: Good!

/ Jack Marshall / 13 Comments

GatesOfHell

I won’t go so far as to call him an Ethics Hero, but killing himself was probably the ethics highlight of Ariel Castro’s miserable, evil life.

The state of Ohio can’t navigate the moral-ethical logic necessary to execute a monster like Castro ( I see nothing ethical or moral about preventing society from making a crime like his just cause for capital punishment), so Castro took matters into his own hands and did the right thing.

Good.

Oh, I agree that the state has an obligation to do everything it can to prevent a prisoner from doing harm to himself, just as it would have an obligation to let Castro have gender reassignment treatment (though I am amused by wondering whether the advocates for Bradley Manning would be as vociferous if the subject was a sick rapist-kidnapper rather than a popular traitor). But I don’t want to pay my tax dollars to keep the likes of Ariel Castro in food, lodging and medical care, and I doubt many Ohio taxpayers do either. Taking himself out was an ethical act all around for Castro: we benefit, the system benefits, justice is served, and Castro is dead, all the better to make sure some future regime of touchy-feely uber-humanists don’t declare all sentences over 20 years as “cruel” or Ohio jails don’t become California Crowded, resulting in an elderly Castro being released to do the talk show circuit and star in a documentary.

Was his act cowardly? I heard an angry pundit declare so today, but I don’t feel we have any way of knowing that. Personally, I’d rather keep living, even in prison, than kill myself. I don’t really care if it was cowardly or not. They guy was a serial rapist-kidnapper-torturer, and his memory is supposed to be further stained by “And he was a coward, too”?

Is it’s a sin? I don’t think killing Ariel Castro can possibly be a sin…even if the killer is Ariel Castro.

A wiser society should have ended Castro’s life.

He did us all a favor by doing it on his own.

Thank you, Ariel!

Now go to Hell.

___________________________________

Facts: Columbus Dispatch

Jordan Sheard And The No-Capital Punishment Slippery Slope

/ Jack Marshall / 43 Comments
Ah, come, on, show some compassion! All he did was set a guy on fire for being gay! Anyone can make a mistake!

Ah, come, on, show some compassion! All he did was set a guy on fire for being gay! Anyone can make a mistake!

One of these days, when CNN’s designated miracle-worker Piers Morgan (because making Larry King look brilliant is a miracle) is extolling the superiority of the land of his birth over the stupid, violent, individual rights-obsessed U.S., someone should ask him about Jordan Sheard. Sheard, a sadistic 20-year old bully, set his sights on a young gay man, Steven Simpson, whose offenses included, in addition to his sexual orientation,  a speech impediment, epilepsy and having Asperger’s  Syndrome. Sheard forced Simpson to strip down to his underwear and wrote gay slurs over his body, covered him with tanning oil, and set him on fire.

At his birthday party. Continue reading →

Executing an Insane Killer: a Cynical Ethics Controversy

/ Jack Marshall / 29 Comments

Let’s me get this straight: this is only a “macabre spectacle” if the guy strapped down to be poisoned isn’t crazy. Right?

In the case of Steven Staley, Texas has itself one of those periodic ethical/legal conundrums surrounding capital punishment that leave me feeling  cynical, puzzled, and worried that I am missing an important part of my compassion apparatus.

Staley’s problem, or his perhaps stroke of luck, is that he is a little more crazy now than he was when he committed the crimes that placed him on death row. In September 1989, Staley escaped from a Denver prison  and started robbing everything he encountered, looting nine businesses across four states. Finally he hit the Steak and Ale Restaurant in Tarrant County, Texas. Staley and his accomplices gathered the employees at gunpoint and forced the manager to hand over the contents of all the registers and the store safe. He then took the manager into the getaway car as a hostage, and executed him as Staley tried to elude the police. Continue reading →

Ethics Dunces: Connecticut Lawmakers

/ Jack Marshall / 18 Comments

Hayes and Komisarjevky, the Cheshire, Conn. killers

Good thinking, Connecticut!

  • With home invaders/multiple murderers/ rapists/sadists Stephen Hayes and Joshua Komisarjevsky duly convicted and sentenced to death by lethal injection, the state legislature passed, and the Governor signed, a law making Connecticut the latest state to ban the death penalty.
  • Since a majority of the public, the legislators and virtually everyone aware of the horrendous facts of the infamous home invasion murders that Hayes and Komisarjevsky unquestionably committed think these two creatures deserve to die, the legislators made the law prospective only, meaning that it only would apply to those convicted of future crimes.
  • Despite the legislative intent, the obvious Equal Protection challenge to a law that treats two sets of citizens—current convicted murderers and future ones—differently may save the lives of Hayes and  Komisarjevsky,  the other 9 residents of the state’s death row, and such likely future residents as Richard S. Roszkowski, convicted of murder for gunning down a man, woman and 9-year-old girl on Sept. 7, 2006, but still facing a second death penalty phase trial, after his first one was overturned on a technicality.

It would have shown integrity for Connecticut lawmakers to have the courage of its supposed convictions, and to abolish the death penalty while having in its custody as perfect candidates for capital punishment as have ever been captured, Stephen Hayes and Joshua Komisarjevsky. In case you have forgotten the details of their June 23, 2007 invasion of the Cheshire, Conn. home of the Petit family, or were lucky enough to miss that horror story until now, here are is a mercifully brief summary. Continue reading →

The Murderer and the Governor

/ Jack Marshall / 1 Comment

When a politician announces that he is taking a "moral stand," watch out.

Guess who has more integrity: Gary Haugen, the convicted double murderer whose scheduled execution in Oregon had been scheduled for next week, or Oregon Governor John Kitzhaber, who blocked his execution?

It’s Haugen. The resident of Oregon’s death row had waived his appeals and was voluntarily submitting to his court-decreed fate when Kitzhaber stepped in, declaring his moral objections to capital punishment. But like many politicians’ objections to that other divisive social policy issue, abortion, Kitzhaber’s supposedly moral stand has more fine print than a gym membership. He didn’t commute Haugen’s sentence, or end the death sentences of the other men who have been condemned. The Governor went half way, essentially staying the executions for the term of his governorship, and pledging to seek reforms of what he called a “broken system” in 2013. Why 2013? It’s after the election, of course. Continue reading →

Last Meal Ethics

/ Jack Marshall / 16 Comments

Sure, the dinner was great, but the after-dinner entertainment was terrible...

The dragging-death killer of James Byrd, Lawrence Russell Brewer, went to his Texas execution last week after ordering up a true pig-out for his last meal: two chicken fried steaks smothered in gravy with sliced onions; a triple meat bacon cheeseburger with fixings on the side; a cheese omelet with ground beef, tomatoes, onions, bell peppers and jalapenos; a large bowl of fried okra with ketchup; one pound of barbecue with half a loaf of white bread; three fajitas with fixings; a Meat Lovers pizza; three root beers; one pint of Blue Bell vanilla ice cream; and a slab of peanut butter fudge with crushed peanuts. When it arrived, he didn’t eat any of it. Texas authorities were annoyed, or insulted (“I make you a delicious meal, your favorite, and this is the gratitude I get?”), or something. Brewer’s wasteful order caused the state  to re-consider the appropriateness of the tradition of the last meal accommodation for the condemned, and legislators decided to eliminate it entirely. Other states have begun to debate doing the same thing.

It’s time for the question that needs to start most ethics discussions: “What’s going on here?” Continue reading →

Troy Davis, Lawrence Brewer and the Capital Punishment Ethics Train Wreck

/ Jack Marshall / 28 Comments

At this point, nothing about the death penalty  in the United States makes any sense, logically or ethically, and that is true for all sides of the capital punishment debate. September 20 should be designated Capital Punishment Day in memory of the contradictions, absolutist pronouncements, convenient rationalizations and everything else that occurred in the years, days and hours before Troy Davis’s execution in Georgia. Then perhaps America as a society will devote one day a year to considering rationally and unemotionally how the death penalty should fit into its criminal justice system without having the discussion warped by the peculiarities of  individual cases. As it stands now, not only is capital punishment an ethics train wreck, the policy debate about it is an ethics train wreck. Everyone who even dips his toe into either becomes irresponsible, conflicted or intellectually dishonest.

Did you know that another inmate was executed yesterday? I didn’t, until this morning. In Texas, white supremacist gang member Lawrence Russell Brewer was executed Wednesday night for the horrific 1998 dragging death slaying of James Byrd Jr., a man from East Texas who had his head pulled off by a chain attached to a truck for the offense of being black. If death penalty opponents are serious and have any integrity, they needed to show it by protesting the execution of Brewer exactly as intensely as they opposed the death of Davis, but of course they did not. Continue reading →

The Ethics of Killing Theresa Lewis

/ Jack Marshall / 2 Comments

There were five arguments for not executing murderess Theresa Lewis, who just became the first woman put to death by Virginia in almost a century. Four of the arguments were flawed, but one was not. And one should have been enough to save her life. Continue reading →