The Death Penalty

As the title states, this is a subject which may cause some discomfort in some patrons. It deals with the death penalty, the recent execution of Mr. Timothy McVeigh, and some incidents which have arisen from this event.

As I listened to my radio on the way to work, National Public Radio did a number of stories concerning the (then) imminent execution of Timothy McVeigh. One of these stories had to do with the Supreme Court's decision to forbid (or not allow) the video-taping of the execution. The tape was to be used by a group to show evidence that this execution--and by extension, all executions--was "cruel and unusual punishment" and therefor forbidden under the constitution. As I listened to this, a scene evolved in my mind. A vignette. I picture the council for the defense--those seeking to block the videotaping--as he stands before the court. I will recreate that vignette here. This forum, being only text, does limit the effect. The use of emphasis
across a spectrum from subtle to demanding, the silence of pauses, the inclusion of gesture, and the power of eye contact and facial expression are denied the audience here. I will attempt to recreate as much as I can within the limitations of the medium, but I would ask that those who choose to read this take the effort to picture it in their mind's eye as being delivered by one who knows how to speak; by one who is trained and practiced in this type of speech. Picture the passion of conviction in his voice.

{Blaze pauses for several seconds to let the readers adjust their minds to setting, or to leave, should they wish.}

Ladies and Gentlemen of the court: I have been asked to come before you to discuss the idea that the execution of Mr. Timothy McVeigh is, as these persons claim, "cruel and unusual punishment." "Cruel and unusual." This phrase appears, as you are fully aware, in the Constitution of the United States. For the record, I would like to read this section. "Article the tenth [Amendment VII]: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." This is all it says. The framers of the Constitution left it up to posterity--to us and every previous and successive generation to determine what specifically is meant by these adjectives. It is, whether fortunately or unfortunately, entirely subjective.

The claimants here would like us to believe that the execution scheduled to be undertaken falls into the definition of cruel and unusual. They are seeking to move the upper limit down. They haven't specified what the lower limit is; where something no longer falls into the definition of cruel and unusual.

Since these definitions are subjective, and it is up to you to decide what they entail, I feel that it is only appropriate to set them up for comparison. I feel that it is only fair to compare the actions to be taken *against* Mr. McVeigh to those taken *by* Mr. McVeigh.

Over the course of months and years, Mr. McVeigh set himself up as a personal arbiter of the law. He sought to pursue claims against the federal government of which this body is a part. Without aid of public mandate, formal training, or public knowledge, he anointed himself prosecutor, jury, and judge. Later, he would add another position to
the list; that of executioner.

With intent and devotion, Mr. McVeigh diligently pursued his cause. In his mind.... In his reality, Mr. McVeigh deemed the corporation of the government of the United States of America guilty of murder. The murder of persons at Ruby Ridge. The murder of persons at the Davidian compound in Waco, Texas. He decided that the punishment for this crime was execution. There is one problem, however. The government cannot be executed. That "privilege" fell upon those who worked for the government.

On a fateful day, Mr. McVeigh executed that sentence. And one hundred and sixty eight people. I want to talk about that execution.

One hundred and sixty eight people were executed. They received no trial by a jury of their peers. They received no council of defense. They were offered no appeals. They were given no chance for clemency. They were simply executed.

The method of that execution was extreme. I want you to take the time to imagine it. Define it in you minds. That definition is important. One hundred and sixty eight people died as their world exploded around them. Not metaphorically, but literally. Their bodies, if not torn apart by the blast itself, were rifled with shrapnel. Steel, plastic, and glass ripped through their bodies tearing with ragged and blunt edges, not cutting cleanly, but tearing at the flesh as it passed through. Concrete and cinderblock pummeled into them like a forest of sledge hammers, crushing organs, and shattering bone. Bone which became yet *more* shrapnel. Their own bodies became yet
another tool of their execution. People. Not the government. Not a governing body. People. And I will mention just this once, Not to play upon your sympathy, but to comprehend the definition we are discussing: many of those people were children. They, too, were executed. The method was the same.

Those who died in the first echoes of that blast were the lucky ones. Their execution was the most humane. Others lasted longer. A lot longer.
Others still live. Some avatar of fate looked down on them and granted them clemency. Their sentence was commuted to life. A life of pain. A life filled with scars. A life filled with memory. This, I propose, fits within the definition of "Cruel and Unusual."

Let us now look at the situation of Mr. McVeigh.

He has availed himself of legal council. He as stood before a jury of his peers, before the experience of the bench. He has availed himself of his right to appeal. He has declined the continuation of that right. He has spent six years knowing what was before him. On the morning of June 11th, Mr. McVeigh will be given a last meal of his choosing. He will be allowed a final visit with a member of the clergy. He will meet with officers of the court and the events of the morning will be explained again. He will be walked into a small room and strapped with soft leather straps to a padded table.

The only pain he will feel is the pick of a needle. The same pick you or I feel when we sit at the Red Cross to give blood. The same pick felt by perhaps thousands as they gave blood to those who survived. And to those who only lingered for a while.

On the order of the court, the execution will commence. First, Mr. McVeigh will fall asleep. Shortly after, he will stop breathing. Finally, his heart will simply
stop. He will die quietly in his sleep.

The question is simply this: Does dying quietly in your sleep fall with, in your opinion, the definition of "cruel?" Is it "unusual?"

Do the actions to be taken *against* Mr. McVeigh fall within the same definition of the actions taken *by* Mr. McVeigh?

Your nine voices are the ones to decide.............