Post by scottieswife on Jun 18, 2005 0:26:41 GMT -5
I personally think this article is excellent and will be a great point of the debate some people seem to like to do 
The Death Penalty and the Culture of Victimhood
Open-Ended Closure
By MARC ESTRIN, CounterPunch
Vermont has no death penalty. Still, federal prosecutors are now demanding
that Vermont hold a capital punishment trial in a recent murder case which
involved crossing a state line. It seems important to the feds to teach
liberal Vermont a lesson in American justice.
We find much support as we stand Wednesdays at noon against the death
penalty. Yet there are still many passers-by who feel otherwise. "An eye
for an eye," they yell from their cars, or "They kill us-we kill them!"
While the rest of the western world has long put capital punishment behind
it, the United States perversely bucks the trend. For years, Amnesty
International has indicted the US for its killing of juveniles, killing
the mentally ill, for the wide regional disparities in executions, for the
arbitrariness of those selected for execution, the obvious role of race in
those selections, the systematic exclusion of opponents of the death
penalty from juries, the use of peremptory challenges to exclude blacks
from sitting on capital trial juries, especially if the defendant is
black, for the assignment of inexperienced, often incompetent counsel to
indigent offenders, for a whole array of procedural bars to appeal, for
the increasing unwillingness of federal courts to consider new
constitutional questions, and for the very narrow view of the role of
clemency taken by governors and pardon boards.
All these, says AI, puts the US outside the norms of international
behavior.
Whence the still strong American embrace of the death penalty? I suggest
it arises from two spurious needs, both of which have been normalized by a
bizarre combination of collateral damage from our war-making and
politically-correct "sensitivity". The first is obvious; the second
less-so.
One of the hallmarks of our contemporary culture is the curious
competition for victim status. As we victimize others around the globe, it
is most convenient to consider our American selves as victims. Whites are
claiming victimization by affirmative action, males by feminism,
Republicans by "the liberal media", the rich by "big government" ? and so
forth, a whole convenient upsidedownism whereby victimization is seen not
only as a right, but as a claim on resources. The competition is fierce.
Think for a moment about the demands of the Victim's Rights Movement.
First of all, it is now unquestioned that murder victims are more than
those killed, but are now legally seen as all friends and family affected
by the crime, expanding the test of victimhood to the suffering of those
left behind, whose emotional performances seem so persuasive to juries.
For the most part these people insist on vengeance as the only possible
"closure" for their distress, a word that has been recently taught them by
the political culture and its media-as if the effects of a murder are ever
"closed". Protecting the community via life without parole will not serve.
Concerning sentencing, what the Victims' Rights Movement has done is to
substitute private for public justice, normalizing a sense of entitlement
to the death penalty. Only a satisfying personal experience will do, and
this now becomes the only adequate gesture for the rest of the community.
The goal of the Victims' Rights Movement is to repersonalize criminal
justice so that the sentencer must declare an alliance with either the
victim or the offender.
Criminal sentencing thus becomes a test of loyalty to one's community ? a
dangerous new path which predisposes toward the punishing needs of the
emotionally involved. Rehabilitative strategies are overlooked, rejected
as not sufficiently reparative to the new class of victims. And of course
capital punishment is the ultimate assertion of righteous indignation, the
ultimate form of public victim recognition. No less a legal figure than
Janet Reno has raised victim status to absurd heights:
"I draw most of my strength from victims, for they represent America to
me: people who will not be put down, people who will not be defeated,
people who will rise again and stand again for what is right. You are my
heroes and heroines. You are but little lower than the angels."
Is victimhood, then, not a goal worth striving for?
The elevation of extended victims to sub-angelic status has two major
consequences. First of all it normalizes and legitimates revenge in place
of retribution, opening society to suffer an unending chain of reciprocal
act of vengeance. We see this result playing out overtly in the Middle
East, and covertly in the consciousness of people of color in this
country, and around the world. By creating victims, we become the new
victims, and victims are beatified.
The second result plays out in the political sphere: revenge killing by
the state becomes part of a strategy of governance that makes us fearful
and dependent on the illusion of state protection, that divides rather
than unites, that promises simple solutions to complex problems. The
number of men and women condemned to die grows each year, and we are
treated to the spectacle of people running for public office on the basis
of how many they are prepared to kill. Tough on crime, it's called.
Caught up in the contemporary cultural preoccupation with identifying and
paying homage to "real" victims, the idea that criminals can be victims
too all but disappears, and deeper sociological, political and cultural
issues are ignored as white hats simply execute black ones. Any mature
engagement in responding to society's most severe social problems is
shouted down in victims' claims for "closure". Constitutional guarantees
of equal treatment under the law are overlooked. Our fragile democracy
seems to need strong symbols of public sovereignty, like expanding jails
and capital punishment.
The desire for victim status, and a fearful aversion to non-government
violence lead to a fearful embrace of others. Increasing fear and
frustration mark the current American condition.
The victim charades represent a strategy of political legitimation. The
centrality of crime to governing, especially in a democratic state,
requires citizens who imagine themselves to be potential victims and those
responsible for the care of such victims. Many ordinary citizens will be
enlisted as authorizing agents and appreciative, applauding audience for
America's own brand of lethal violence, as criminals are demonized. To be
for capital punishment is to be a defender of traditional morality against
permissivism and of the rights of the innocent over the rights of the
guilty. Down with protesters. Up with the fall from grace, with no
prospect for redemption.
We are all victims in the land of the free and the home of the brave.
---
Source : CounterPunch
www.counterpunch.org/estrin06172005.html
The Death Penalty and the Culture of Victimhood
Open-Ended Closure
By MARC ESTRIN, CounterPunch
Vermont has no death penalty. Still, federal prosecutors are now demanding
that Vermont hold a capital punishment trial in a recent murder case which
involved crossing a state line. It seems important to the feds to teach
liberal Vermont a lesson in American justice.
We find much support as we stand Wednesdays at noon against the death
penalty. Yet there are still many passers-by who feel otherwise. "An eye
for an eye," they yell from their cars, or "They kill us-we kill them!"
While the rest of the western world has long put capital punishment behind
it, the United States perversely bucks the trend. For years, Amnesty
International has indicted the US for its killing of juveniles, killing
the mentally ill, for the wide regional disparities in executions, for the
arbitrariness of those selected for execution, the obvious role of race in
those selections, the systematic exclusion of opponents of the death
penalty from juries, the use of peremptory challenges to exclude blacks
from sitting on capital trial juries, especially if the defendant is
black, for the assignment of inexperienced, often incompetent counsel to
indigent offenders, for a whole array of procedural bars to appeal, for
the increasing unwillingness of federal courts to consider new
constitutional questions, and for the very narrow view of the role of
clemency taken by governors and pardon boards.
All these, says AI, puts the US outside the norms of international
behavior.
Whence the still strong American embrace of the death penalty? I suggest
it arises from two spurious needs, both of which have been normalized by a
bizarre combination of collateral damage from our war-making and
politically-correct "sensitivity". The first is obvious; the second
less-so.
One of the hallmarks of our contemporary culture is the curious
competition for victim status. As we victimize others around the globe, it
is most convenient to consider our American selves as victims. Whites are
claiming victimization by affirmative action, males by feminism,
Republicans by "the liberal media", the rich by "big government" ? and so
forth, a whole convenient upsidedownism whereby victimization is seen not
only as a right, but as a claim on resources. The competition is fierce.
Think for a moment about the demands of the Victim's Rights Movement.
First of all, it is now unquestioned that murder victims are more than
those killed, but are now legally seen as all friends and family affected
by the crime, expanding the test of victimhood to the suffering of those
left behind, whose emotional performances seem so persuasive to juries.
For the most part these people insist on vengeance as the only possible
"closure" for their distress, a word that has been recently taught them by
the political culture and its media-as if the effects of a murder are ever
"closed". Protecting the community via life without parole will not serve.
Concerning sentencing, what the Victims' Rights Movement has done is to
substitute private for public justice, normalizing a sense of entitlement
to the death penalty. Only a satisfying personal experience will do, and
this now becomes the only adequate gesture for the rest of the community.
The goal of the Victims' Rights Movement is to repersonalize criminal
justice so that the sentencer must declare an alliance with either the
victim or the offender.
Criminal sentencing thus becomes a test of loyalty to one's community ? a
dangerous new path which predisposes toward the punishing needs of the
emotionally involved. Rehabilitative strategies are overlooked, rejected
as not sufficiently reparative to the new class of victims. And of course
capital punishment is the ultimate assertion of righteous indignation, the
ultimate form of public victim recognition. No less a legal figure than
Janet Reno has raised victim status to absurd heights:
"I draw most of my strength from victims, for they represent America to
me: people who will not be put down, people who will not be defeated,
people who will rise again and stand again for what is right. You are my
heroes and heroines. You are but little lower than the angels."
Is victimhood, then, not a goal worth striving for?
The elevation of extended victims to sub-angelic status has two major
consequences. First of all it normalizes and legitimates revenge in place
of retribution, opening society to suffer an unending chain of reciprocal
act of vengeance. We see this result playing out overtly in the Middle
East, and covertly in the consciousness of people of color in this
country, and around the world. By creating victims, we become the new
victims, and victims are beatified.
The second result plays out in the political sphere: revenge killing by
the state becomes part of a strategy of governance that makes us fearful
and dependent on the illusion of state protection, that divides rather
than unites, that promises simple solutions to complex problems. The
number of men and women condemned to die grows each year, and we are
treated to the spectacle of people running for public office on the basis
of how many they are prepared to kill. Tough on crime, it's called.
Caught up in the contemporary cultural preoccupation with identifying and
paying homage to "real" victims, the idea that criminals can be victims
too all but disappears, and deeper sociological, political and cultural
issues are ignored as white hats simply execute black ones. Any mature
engagement in responding to society's most severe social problems is
shouted down in victims' claims for "closure". Constitutional guarantees
of equal treatment under the law are overlooked. Our fragile democracy
seems to need strong symbols of public sovereignty, like expanding jails
and capital punishment.
The desire for victim status, and a fearful aversion to non-government
violence lead to a fearful embrace of others. Increasing fear and
frustration mark the current American condition.
The victim charades represent a strategy of political legitimation. The
centrality of crime to governing, especially in a democratic state,
requires citizens who imagine themselves to be potential victims and those
responsible for the care of such victims. Many ordinary citizens will be
enlisted as authorizing agents and appreciative, applauding audience for
America's own brand of lethal violence, as criminals are demonized. To be
for capital punishment is to be a defender of traditional morality against
permissivism and of the rights of the innocent over the rights of the
guilty. Down with protesters. Up with the fall from grace, with no
prospect for redemption.
We are all victims in the land of the free and the home of the brave.
---
Source : CounterPunch
www.counterpunch.org/estrin06172005.html
Well, if your ever locked up, the other guys in there are definitely in trouble. And you definitely don't belong here either. Time to say goodbye.