I am teaching full time this session, so blogging is likely to be sporadic. On the impending execution of Elijah Page: I am generally not in favor of the death penalty. First, given the Court-imposed hurtles, it is simply too expensive both in terms of treasure and energy. Second, I am inclined to accept my sober colleague's preference for mercy, at least in most cases. I would not be opposed to giving Mr. Page life in prison.
On the other hand, I think there is pretty strong evidence that the death penalty saves lives. Many of the most violent murderers will go on to kill other people, in prison or out, without it. So I am ambivalent. But I do think society has a right to put brutal murderers to death. Moreover, there is the simple matter of the rule of law. If you are going to have a death penalty, you probably ought to use it in cases where guilt is not denied and the crime was horrific. It is very silly to worry about whether death by lethal injection is cruel or not. By any reasonable standard, it is a merciful method.
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