If anyone deserves capital punishment, it's James Holmes. But is that really justice – for either the victims or the state?
James Holmes, the alleged shooter who opened fire on people attending The Dark Knight Rises movie in Aurora, Colorado last summer, is the poster boy for the death penalty.
There's not a lot of gray in his case. While news reports still have to use terms such as "accused" and "alleged", there is no doubt he killed 12 people and injured at least 58 others, practically turning himself in to police afterward. He gunned innocent people down in a public place like something out of a video game. And in a sick, twisted way, he seemed to enjoy it, as if he were the joker character from the Batman franchise. He colored his hair flaming orange and even booby-trapped his apartment in case police or anyone else thought to check there.
It's clear what happened. This is not a wait for the DNA kind of case. The only issue is whether or not he's mentally ill. If ever there were a time for America's death penalty, this is it.
The district attorney who heads up the prosecution wants it for Holmes, saying court this week, "For James Eagan Holmes, justice is death." Some of the victims want it as well, according to news reports.
And yet, even with all that, we shouldn't kill Holmes. Here's why:
*1. The death penalty is slow and re-victimizing*
The US death penalty is not a Game of Thrones-style execution. On average, a death row inmate spends at least 12 years in prison before death. And keep in mind that Colorado has only executed one person since the state reinstated the death penalty in 1975.
Even a case as seemingly straightforward as Holmes' is going to take years. There will be appeals. There will be attempts to re-open the insanity plea and petition the governor and the state courts for a stay of execution. And that is to say nothing of the initial trial that will necessitate witnesses coming forward and the gruesome retelling of what happened on 20 July 2012.
Holmes' picture will be everywhere. Victims will have to re-live the tragedy during the initial trial and likely again and again as Holmes' name pops up in the news, once he is on death row and nearing execution.
It will be a press circus. Even if Holmes does get to the execution phase, the media will care about every detail – his last meal, how he will be killed. There is a huge stigma attached to death row that simultaneously repels and fascinates Americans – and the world. If Holmes wants attention, he'll be able to get it, even if the media really should stay away.
And that media hoopla will be like a re-victimization of the families who lost someone or had a loved one injured in the massacre. It's the reason some victims reportedly don't want the death penalty. They have watched the process transpire elsewhere and just want to try to move on.
If Holmes gets life in prison without parole, he won't be dead, but he'll be much more likely to be out of sight, out of mind, as much as can be for the victims' families.
*2. A 'life for a life' makes the state almost as bad as Holmes is*
No one wants Holmes to have it easy the rest of his life, but killing him would stoop to his level.
Lots of people like to quote the famous Bible passage from Exodus 21:24: "an eye for an eye". But you could also quote countless Biblical passage about forgiveness and turning the other cheek, most notably Matthew 5:38-39 where Jesus says:
"You have heard that it was said, 'Eye for eye, and tooth for tooth.' But I tell you, do not resist an evil person. If anyone slaps you on the right cheek, turn to them the other cheek also."
Most of us aren't nearly that charitable, but there's an added moral weight that comes with wishing death upon someone.
There's also the lingering question of insanity. Holmes appears to have planned this mass murder, purchased the guns and ammunition in advance and seemingly chose his target (and costume) with purpose, down to his protective clothing. That's the work of a deranged person, but isn't it more complex than that? The US supreme court has been clear that, even in the US, we don't execute the mentally ill. It's difficult to believe Holmes wasn't well aware of what he was doing, but doubts over his mental health will come up over and over again if he's put to death.
*3. There's a viable alternative to Colorado killing Holmes*
There's a reason 17 states have abolished the death penalty. It isn't used often outside of Texas, and there's a legitimate alternative to death: life in prison, especially life behind bars without any chance of parole. Some might argue it's better to die than live like a caged animal for the rest of your days.
The point is, life in prison is perhaps slightly more lenient, but it's certainly not some rosy existence. Holmes' freedom is gone forever, and he cannot harm anyone else.
There are also arguments about costs. Due to the media circus and numerous trials and retrials that typically surround a death penalty case, it can add up to millions of dollars, even more if the case goes to the state or federal supreme court. Some justice reform groups estimate that it costs less to keep someone in prison for life than put them on death row.
In the final analysis, district attorneys seek the death penalty for two reasons: because the victims want it or in hopes of getting life without parole anyway. It's the old negotiating technique of asking for the sky in order to get the skyscraper. They worry if they ask for only life without parole, the jury will award life with the possibility of parole.
It's somewhat frustrating that Holmes offered to plead guilty in exchange for life in prison without parole. No one wants to give Holmes what he wants. But this is about justice.
The victims' familes and those injured by Holmes appear torn over what to do, which means it probably isn't worth it to push the death penalty and the circus around it on them. Sometimes, the families even change their minds over the years, as widow Mamie Norwood did in a Pennsylvania death row case.
What Holmes did is repulsive. Twelve people will never grow older or see the milestones of their loved ones, and children as young as six were injured. But an execution, a decade or so down the road, is unlikely to bring peace to most of the families or the community Holmes forever changed. Reported by guardian.co.uk 16 hours ago.
James Holmes, the alleged shooter who opened fire on people attending The Dark Knight Rises movie in Aurora, Colorado last summer, is the poster boy for the death penalty.
There's not a lot of gray in his case. While news reports still have to use terms such as "accused" and "alleged", there is no doubt he killed 12 people and injured at least 58 others, practically turning himself in to police afterward. He gunned innocent people down in a public place like something out of a video game. And in a sick, twisted way, he seemed to enjoy it, as if he were the joker character from the Batman franchise. He colored his hair flaming orange and even booby-trapped his apartment in case police or anyone else thought to check there.
It's clear what happened. This is not a wait for the DNA kind of case. The only issue is whether or not he's mentally ill. If ever there were a time for America's death penalty, this is it.
The district attorney who heads up the prosecution wants it for Holmes, saying court this week, "For James Eagan Holmes, justice is death." Some of the victims want it as well, according to news reports.
And yet, even with all that, we shouldn't kill Holmes. Here's why:
*1. The death penalty is slow and re-victimizing*
The US death penalty is not a Game of Thrones-style execution. On average, a death row inmate spends at least 12 years in prison before death. And keep in mind that Colorado has only executed one person since the state reinstated the death penalty in 1975.
Even a case as seemingly straightforward as Holmes' is going to take years. There will be appeals. There will be attempts to re-open the insanity plea and petition the governor and the state courts for a stay of execution. And that is to say nothing of the initial trial that will necessitate witnesses coming forward and the gruesome retelling of what happened on 20 July 2012.
Holmes' picture will be everywhere. Victims will have to re-live the tragedy during the initial trial and likely again and again as Holmes' name pops up in the news, once he is on death row and nearing execution.
It will be a press circus. Even if Holmes does get to the execution phase, the media will care about every detail – his last meal, how he will be killed. There is a huge stigma attached to death row that simultaneously repels and fascinates Americans – and the world. If Holmes wants attention, he'll be able to get it, even if the media really should stay away.
And that media hoopla will be like a re-victimization of the families who lost someone or had a loved one injured in the massacre. It's the reason some victims reportedly don't want the death penalty. They have watched the process transpire elsewhere and just want to try to move on.
If Holmes gets life in prison without parole, he won't be dead, but he'll be much more likely to be out of sight, out of mind, as much as can be for the victims' families.
*2. A 'life for a life' makes the state almost as bad as Holmes is*
No one wants Holmes to have it easy the rest of his life, but killing him would stoop to his level.
Lots of people like to quote the famous Bible passage from Exodus 21:24: "an eye for an eye". But you could also quote countless Biblical passage about forgiveness and turning the other cheek, most notably Matthew 5:38-39 where Jesus says:
"You have heard that it was said, 'Eye for eye, and tooth for tooth.' But I tell you, do not resist an evil person. If anyone slaps you on the right cheek, turn to them the other cheek also."
Most of us aren't nearly that charitable, but there's an added moral weight that comes with wishing death upon someone.
There's also the lingering question of insanity. Holmes appears to have planned this mass murder, purchased the guns and ammunition in advance and seemingly chose his target (and costume) with purpose, down to his protective clothing. That's the work of a deranged person, but isn't it more complex than that? The US supreme court has been clear that, even in the US, we don't execute the mentally ill. It's difficult to believe Holmes wasn't well aware of what he was doing, but doubts over his mental health will come up over and over again if he's put to death.
*3. There's a viable alternative to Colorado killing Holmes*
There's a reason 17 states have abolished the death penalty. It isn't used often outside of Texas, and there's a legitimate alternative to death: life in prison, especially life behind bars without any chance of parole. Some might argue it's better to die than live like a caged animal for the rest of your days.
The point is, life in prison is perhaps slightly more lenient, but it's certainly not some rosy existence. Holmes' freedom is gone forever, and he cannot harm anyone else.
There are also arguments about costs. Due to the media circus and numerous trials and retrials that typically surround a death penalty case, it can add up to millions of dollars, even more if the case goes to the state or federal supreme court. Some justice reform groups estimate that it costs less to keep someone in prison for life than put them on death row.
In the final analysis, district attorneys seek the death penalty for two reasons: because the victims want it or in hopes of getting life without parole anyway. It's the old negotiating technique of asking for the sky in order to get the skyscraper. They worry if they ask for only life without parole, the jury will award life with the possibility of parole.
It's somewhat frustrating that Holmes offered to plead guilty in exchange for life in prison without parole. No one wants to give Holmes what he wants. But this is about justice.
The victims' familes and those injured by Holmes appear torn over what to do, which means it probably isn't worth it to push the death penalty and the circus around it on them. Sometimes, the families even change their minds over the years, as widow Mamie Norwood did in a Pennsylvania death row case.
What Holmes did is repulsive. Twelve people will never grow older or see the milestones of their loved ones, and children as young as six were injured. But an execution, a decade or so down the road, is unlikely to bring peace to most of the families or the community Holmes forever changed. Reported by guardian.co.uk 16 hours ago.