mercoledì 21 settembre 2011

The Other Side

A lot of you, after seeing Davis face here and knowing how harsh i usually am about social issues, are probably thinking that i am gonna launch into a pro-capital punishment tirade. You're right. But my point might be different from the one most people are making.

Davis has become a case for many reasons. The main, gaping one, is that his guilt is 100% certain. And, lets face it, because of his skin colour. He has been accused of killing a white police officer when he was 19 years old. The rial, as it often happens, has been drawn out and in the meantime a lot of doubts have popped out.

Honestly, i see why people are trying to hold on to this specific case. It is a good poster case. And, as usuala, the race card makes it palatable and easier to sell. And i guess the idea is to eventually remove death penalty from the equation. Cause the major argument lies there. The state supposedly doesnt have the right to execute a man, in any case. And the idea of a man that might be executed with no absolute ceratnty of his guilt, is, eventually, hard to swallow.

Still, i disagree. If we want to have a justice sysytem that also includes an idea of punsihment and eventually consider death penalty as a possibility, we shall not let doubt cloud our actions. Theres a point in civilization where, to establish order, a higher force must make desicion for the majority. And eventually sacrifice some of the citizens in roder to obtain results.

We do not live in a pretty world. Our society is flawed and a regular justice system is destined to fail. The legal loops allow more criminals to get away than to be actually punished. reform is almost impossible in a large number of cases, since the ones that are corrupted on such a level that they commit murder might be insitituionalized but will often turn back to their criminal paths. Its human. And for humans the highest deterrent si fear.

Also the idea of execution is a rightful one, for me. Its the only aspect of biblical justice that i accept: an eye for an eye is fair and just. And even if a victim forgives, its not in their right to decide so. Theres a higher standard of justice to ataain and the ones who commit a crime shall be punsihed, with no exception.

And here's where this case fits: a strict jsutice system should rather punsih an innocent in order to be assured that all criminals will also be punished. The obsession with being 100% sure of an accusation, with reshaping witnesses a million times, involving lawyers, the press and racial, social or psychological issues in the idea of justice has made it irrreversibly flawed. A criminal now can often get away using the fear that the system has to eventually frame an innocent or to be acting under some warped racial standard.

And thats what corrupted justice.Executing a man who has, with high probability, killed a cop, shall be done with no doubt or second thoughts. If we allow ourselves to think it over, its when we would not want to execute anybody.

So if the man is innocent, it will be a tragedy. But it's the price to pay in order to have justice.

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