The VonFrederick

Tempus  

July 2006 Volume 3 Issue 7

  Feature Article:

Pursuing the Death Penalty in America: Is it Worth the Cost?

By Michelle Glisan Blevins

On a March 1757 Damiens the regicide was condemned ‘to make the amende honorable before the main door of the Church of Paris’, where he was to be ‘taken and conveyed in a cart, wearing nothing but a shirt, holding a torch of burning wax weighing two pounds’; then, ‘in the said cart, to the Place de Greve, where, on a scaffold that will be erected there, the flesh will be torn from his breasts, arms, thighs and calves with red-hot pincers, his right hand, holding the knife with which he committed the said parricide, burnt with sulphur, and, on those places where the flesh will be torn away, poured molten lead, boiling oil, burning resin, wax and sulphur melted together and then his body drawn and quartered by four horses and his limbs and body consumed by fire, reduced to ashes and his ashes thrown to the winds’ (Pieces originales …, 372- 4) (Foucault).


After most of this was carried out, including three or more tries before they successfully tore his limbs off, it was recorded that this poor soul was still alive and conscious when his dismembered body was put on a stake to be burned. The death penalty has been around for all of human history, though the offenses for which it has been given, the frequency in which it has been carried out, and the methods of death have fluctuated over the centuries. 18th century France had a much different idea of capital punishment than does modern day America. The sentence given above would never be publicly approved of today, in America or in France where it occurred, yet at the time it was a spectacle for the whole family to see. Capital punishment has a long and gruesome past, and a controversial present and future.

In his list of crimes and punishments, the ancient Babylonian ruler Hammurabi, codified at least 25 offenses for which a person would be given a death sentence. His is the earliest, most complete and best preserved set of laws known to exist- it included the infamous “eye for an eye” concept. There was no place for appeals, excuses, extenuating circumstances; if you did the crime you paid the price. In 7th century BC Athens death was the punishment for any and all crimes, no matter how minor. Yet only a historically short time before, in 200 BC, Athenians used it sparingly and gave the condemned poison to reduce their pain. According to a story by PBS’s Frontline, the earliest known instance of a recorded death sentence is from Egypt in the 16th century BC. A noble man accused of doing magic and was condemned to death by suicide. Socrates was poisoned with hemlock for corrupting the youth. And notably the most famous of all executions would be the crucifixion of Jesus Christ.

The death penalty is considered a constitutionally viable punishment in 38 of the 50 states and the federal government. It has been in practice since before the signing of the Declaration of Independence (with the exception of 1967-77). It is estimated that since 1608 more than 18,800 legal executions have been carried out. Methods approved to carry out an execution vary from state to state, the most common being lethal injection as it is considered the most humane and least traumatic method of killing the condemned; however the gas chamber, electric chair, hanging and death by firing squad are still options in some jurisdictions.

While the Constitution proscribes ‘cruel and unusual punishment’, the death penalty itself was not prohibited. The 1967-77 moratorium on executions was brought about after a series of appeals to the Supreme Court about the fairness and constitutionality of capital punishment. In 1967, the President’s Commission on Law Enforcement and Administration of Justice stated capital punishment, “is most frequently imposed and carried out on the poor, the Negro, and the members of unpopular groups” (Inciardi). This still appeared to be the case years later, “as of August, 1988, over 40 percent… were black, and nearly all… were indigents…” (Inciardi). At the end of 2001 there were 3,581 prisoners awaiting execution (Wagner).

Recently, DNA testing of evidence has come into play proving innocent some who had been found guilty. This has raised yet another specter in debate over the death penalty and given the anti-death penalty crowd another weapon in their arsenal. The Justice for All Act of 2004 includes the Innocence Protection Act which provides funding and access to those convicted of a capital crime to post-conviction DNA testing of any relevant evidence the government has in its possession. This law was passed in order to help reduce the number of people wrongfully put to death. Kirk Bloodsworth was the first to be released based on DNA testing in 1993. Since 2000, ten prisoners have been released from death row based on DNA testing (DPIC).

Money and timeliness are other issues surrounding the death penalty. Wagner estimates that California could save $90 million a year if it were to abolish the death penalty (2003). The cost of trying a capital case alone is often $2 million above the cost of a non-capital case. As for time, it is common for many years and even decades to pass between the sentencing and the carrying out of the sentence. This gives rise to the argument that the time spent waiting for death is cruel punishment in and of itself. The 1996 Anti-Terrorism and Effective Death Penalty Act was in part aimed at reducing the amount of appeals, thereby shortening the time spent on death row.

Michael Angelo Morales was scheduled to die by lethal injection on February 21st for the 1981 brutal rape and murder of 17-year-old Terri Lynn Winchell in the Lodi area of California. A Federal District Court judge ordered Morales be given anesthesia prior to being put to death and to have a medical professional on hand to intervene in the event he began to wake up or appeared in pain. I might add he did not do for Terri when he strangled her, left 23 wounds in her head with a hammer, raped her, and stabbed her multiple times before she finally died. For Morales’ execution two anesthesiologists were retained- both refused stating ethical objections. As a result, Morales’ execution has been placed on hold indefinitely- to date it has not been rescheduled.

It has long been argued that capital punishment, being unique in nature as a punishment, should be abolished. According to the California Department of Corrections and Rehabilitation, between 1978 and February 2006, the number of condemned who have died is 64; only 14 had their sentences carried out. The rest died of other causes. We are putting people on death row to be executed by the state and instead they are dying while waiting more frequently than their sentences are being carried out- by a large margin. How much money did we waste trying capital cases on those other 50 people? With rising costs and budget deficits many people believe the cost of the death sentence is simply not worth it and believe the lesser, life without parole, should be the highest punishment available. Given the typical outcome, is pursuing the death penalty worth the cost?

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The Liberal Means to The End

By George A. Torres, MBA, Law Enforcement Specialist

"A nation can survive its fools, and even the ambitious. But it cannot survive treason from within." Marcus Tullius Cicero (murdered, 43 BC)

Dateline USA… July 4, 2015… After the Tehran based Islamic Ruling Council (IRC) detonated several small nuclear devices and “dirty bombs” in several U.S. cities that killed 500,000, it offered the U.S. peace. The IRC threatened to detonate several more devices by the end of the summer if the U.S. refused to accept the terms of peace. President Kerry agreed to the terms, which ended the War on Terrorism initiated by President Bush after the terrorist attack on September 11, 2001. 

The treaty ended the 14-year war with Islamic terrorists fought in several regions around the globe. After the 2008 elections the U.S. military defeated the terrorist forces in each campaign, but after a sustained conflict they withdrew. After announcing victory, President Kerry ordered complete military withdrawals from Iraq and Afghanistan in 2009, Somalia in 2012, Middle East and North Africa in 2013, Malaysia and Paraguay in 2014, which resulted in the IRC taking control of the governments in those regions.

The IRC used this historic day to meet with President John Kerry, V.P. Hillary Clinton and Secretary of State Howard Dean to accept the terms and sign the treaty. The key terms were already in practice and the treaty was a mere formality. The treaty specified that U.S. troops would cease hostilities with IRC forces and withdraw from the regions. Any U.S. troops operating outside of U.S borders would be under the command of the U.N. Security Council, of which the IRC is now a member. The U.S. government would ensure that Islam is taught and practiced in all K-12 schools and the U.S. would agree not to challenge IRC dominance in any region outside of North America. President Kerry agreed to the terms and he, Clinton and Dean signed the treaty announcing that it was a victory for peace.

Of course this is an exercise in fiction, which is really not much different than liberals re-writing much of history. The point of this exercise was not to offer Hollywood an idea for their revisionism, but rather to explore possible consequences of the liberal strategy for defending America. One may laugh at the listed terms, but is it really that far-fetched? Liberals are already accusing our troops of atrocities and advocating achieving victory by surrender. Hamas are members of the UN. The ACLU is filing multiple suits promoting the teaching of Islam in our schools and liberal activist judges are restricting teaching of Christianity in schools or practice in public. 

Current events illustrate no act is too treasonous for liberals in order to destroy President Bush and regain power. If it destroys America in the process, it is acceptable collateral damage. Since 1934 democrats basically controlled congress and became confident in their power. They still exhibit that confidence and have little fear in revealing what they stand for. Liberal strategy is not to fight terrorists, but mount a successful propaganda war against opponents. Propaganda is not a new strategy as it was successfully used by Nazi Germany. Joseph Goebbels was quite honest about the importance of propaganda. In the Nuremberg Rally 1934, he bragged how the Nazis used propaganda to gain power and referred to its principles, which liberals still practice as if a religious tenant. For example, consider these that he gave and compare them to liberal misinformation and propaganda about the War on Terrorism. Propaganda is a means to an end. Propaganda must be creative and is a matter of productive fantasy. Creative people made propaganda and put it in the service of the movement, which must have creative people who can use the means of the state in its service. Sound familiar?

The lies, misinformation, false allegations and propaganda repeated over and over by the liberals and its media is a means to an end. Liberals have one goal, to regain power and nothing else matters. Today, liberals are hoping the public have been effectively dumb-down by the liberal education system and media and will not realize what they offer is not reality, security or survival, but the means to “the end”. 

Der Kongress zur Nürnberg 1934 (Munich: Zentralverlag der NSDAP., Frz. Eher Nachf., (1934). 130-141.

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Profiling

By Eric Chevreuil, Retired Captain, French Military

Most Americans think that racial profiling is widespread.
What is this big fuss about Profiling, stereotypes or racial profiling? 

- Profiling: v. tr. pro•filed, pro•fil•ing, pro•files. To draw or shape a profile of. / To produce a profile of? Profiling is also often defines as follow: “the recording and classification of behaviors.”

Isn't it something we all do everyday when we see a battered pick up truck and think "redneck", when we drive in front of a cheap looking trailer park and visualize "trailer trash", when we see a drunk dirty bum relieving himself on the sidewalk and scream "white trash", when we see the one we often call slut, pig, moron, A-hole, rat, etc, etc,. Aren't we all Profiling all the time, choosing a nanny, a school, a beauty or tattoo parlor, a parking spot, a neighborhood to move in, clothes, a restaurant, a bar, a street to drive through or a park to walk in. Profiling is called screening by recruiters, socializing when you select your friends, counseling for school psychologists who tag your kid as "troubled", common sense for the guy who avoids provoking tough looking adolescents in a black hand painted camaro. 

Profiling is what businesses do to target their customers, what salesmen do to harass their clients, what telemarketers or mass mailers do for a living. Profiling is called headlines when deciding what juicy story is going to provide the ratings on the front page or the 8 o clock news. Profiling is also called affirmative action by the government. 

What we call Profiling is what makes the word go round: it is what you are, what you want, what you fear, what makes you successful in some lines of work where it is needed. HR, front desk employee, anybody in the security business, salesmen, credit unions and banks, landlords.... everybody does it.... have to.... law enforcement too!

I did not say it is a fair process, but after all, in the country of the all-amendment excuse, it is the expression of one’s freedom to choose and maybe the figures and the facts out there have created all the stereotypes we live by, even the stereotypes for the typical bad guys that the cops have to get. Too bad…statistics!

Last week I was pulled over driving my 74 Porsche 85 mph on the exit ramp of the freeway. I did feel that I was pulled over because I was guilty of DWF (driving while French). How could an officer facing a bright sun set let me go? I am sure that he thought that I was an African American because everybody is black when sitting between a bright sun and a cop. Or maybe he saw the primer on my project car, a feature that does not usually mean WASP. Or was it the age and the free exhaust noise of my classic that made it look like a West Sac car, not an Eldorado Hills Limo. Or was it my accent he could have heard. Or was it the speed? My attorney told me that it was all of it but the speed, and that suing a cop equals suing a city, equals lots more money and more chances for a settlement. I concur….that officer was profiling me, your honor, over and over, and over!

Just kidding….I was indeed pulled over 3 years ago, greeted the officer with a cheerful “Good morning, officer, how fast was I driving?”, got my ticket and took responsibilities for my mistake. Can you believe it? I actually knew that I was speeding! Isn’t it all mixed up and messed up when blasphemy or hate speech are protected by our freedom of speech but freedom to choose is illegal profiling?

http://www.epic.org/privacy/profiling/

http://www.amnestyusa.org/racial_profiling/index.do

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I recently worked a case in conjunction with the Secret Service against a man who was charged and convicted of counterfeiting an extraordinary amount of money. He plea bargained and received eighteen months in prison. Would it not be nice to steal millions of dollars, spend only five years in prison, and return to society rich and happy? A man raped several women but was sent to prison for the rape of only one victim. He was sentenced to fifteen years but was released after serving five years for good behavior. Meanwhile, twenty women’s lives were destroyed by this man who was released from prison to destroy twenty more. The government paid 1.4 trillion dollars to bail out the Savings and Loans from which millions were stolen. The few who were incarcerated for stealing from the poor and elderly spent only one fifth the time of the average bank robber. Does the benefit outweigh the cost? Unfortunately, as you will see, crime really does pay.

It is believed that all criminals are casualties of society, a sort of class of unfortunates. Many believe that the underlying causes are such regrettable factors as a deprived childhood, a weak family structure, a lack of religious conviction, a Y gene, the ghetto experience, an early mistake that snowballed into a lifetime of error, and so forth. Indeed, in many circles, these remain the accepted explanations for criminal behavior. 

But, as former Harvard professor James Q. Wilson, among others, has pointed out, such easy assumptions about crime have little if any basis in solid facts. There is simply no good reason why crime must be understood as only the direct outcome of bad housing, unemployment, and ghettos. White collar or corporate crime is the deliberate illegal pursuit of money along well-defined lines. The cause of white collar crime is not just the criminal’s desire for money, but also the surfeit of it in society. It is not a lack of financial and material resources that is behind white collar crime; it is the visible presence of it. White collar crime is primarily a money crime. This is its essential character. For the corporate criminal, whether white, black or brown, immigrant or native born, child of middle-class or of poverty – the motive force is business; green is beautiful. 

On the other hand, there are crimes that are the handiwork of amateurs, psychopaths, sociopaths, adventurers, and opportunists. The vicious beating of an old lady for the change in her handbag, the molestation of little boys and little girls, robbing/mugging a dad on his way home, abducting and murdering teenage victims, and the rape of powerless women, are the quintessence of violent crimes. Many of the perpetrators, if apprehended, will spend only a short time in prison before being released on good behavior and good time, only to recidivate. If given the death penalty, it could take twenty five years before the family/victims feel vindicated, if indeed the sentence was not commuted. Meanwhile, the victims lick their wounds and the criminals regroup and recharge, only to engage in jollity and mirth.

Many crimes pay well. The payoff is enhanced by the fact that the take is off the books; the money is tax free and rape or molestation is free sexual gratification. When the criminal balances the equation, the benefits do outweigh the costs by a margin sufficient to make the criminal profession very attractive indeed. The government implemented the Sarbanes/Oxley act to make the white collar criminal pay for his crimes. What are we doing to make the violent criminal pay for his crimes? Because of our Bill of Rights, crime will always pay.

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The United States economy is primarily driven by small to medium sized business owners who had a vision and the determination to start their own companies and work for themselves. Currently, entrepreneurial activity is among the highest in the U.S. and approximately 6 of every 100 U.S. individuals 18 years of age and older are engaged in trying to start new firms. Statistically, 10.1 million adults are attempting to create a business at any given time and the participation in entrepreneurship is as common as getting married or the birth of a baby. 

Entrepreneurs much like Mike Dell and Bill Gates who started their respective companies in a dorm room and a garage are surfacing like never before. Technology allows entrepreneurs to open the doors faster with less costs and expenses, at a more efficient pace than in past decades. Anyone can start a company if they have the will and desire. Studies show that the leading sources of innovation in the United States are not from larger, established companies, but from new businesses. 

Approximately one-half of all new ventures are started by teams of people. As an entrepreneur, one of the most difficult hurdles in starting a new business is wearing the numerous hats that owning a company entails. All facets of a company need to be addressed such as start-up costs, accounting, marketing, advertising, public relations, business plans, strategic planning, taxes, vision, leadership, management and most important, the product or service itself. 

Being a one-man show in your own business is the biggest deterrent. That is why building a solid mentorship program is necessary for success. The mentorship process provides constant contact and communication with others enduring the same or different hardships in a small business situation. Creating a solid network with other savvy business owners assists in forming a group of trust, and provides strengths where other weaknesses may occur.

Many entrepreneurs opt to pay a company $5,000-$15,000 to build a business plan. The problem with this route is the individual has a plan upon completion, but has no realization on how to push the business plan forward, or how to manage, market direct, or delegate. A less expensive and more productive route is to build a roundtable of 6-10 small business owners who meet on a monthly basis to discuss the details of current business issues. 

The first and fundamental step in achieving objectives is organizing to do so. Building a solid network of professionals to generate knowledge is the first step in starting any new business. Unfortunately, evidence and statistics indicate this to be the least understood and most neglected step. There is an organizational strategy in play in every start-up organization, whether by design or neglect. In the ideal world, it is the result of a top-down vision strategically executed against well-defined goals. More often, it is the de facto result of random decisions and reprocessed information arising from below. New companies that fail to implement a strong mentorship forum are at high risk of failure. The potential for failure can be reduced significantly through others who have successfully developed and have proven effective through selective strategies.

Uniqueness requires innovation, and innovation requires building off what others have done prior. Expertise can be provided in defining the requirements, evaluating the culture and structure of existing organizations, identifying needed change, and implementing the change to an innovative environment that get results. There are other people who have done this before; it would be in your favor to go find them if owning your own business is a plan in the near future.

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Did You Know? By Michelle Glisan Blevins         

• That the Phoenicians, or Canaanites, of early Lebanon colored cloth with an expensive purple dye derived from shellfish- Phoenicia is the Greek word for purple

• That Lebanese paper currency comes in different sizes so blind people can differentiate between denominations

• That the Phoenicians developed the first alphabet

• That Lebanon is the only country in the Mid East which does not have a desert

• That even though as many as 16 different countries have occupied the region, the name Lebanon has been in use for some 4000 years

The current Lebanese flag was adopted after the country gained its independence in 1943. It has three horizontal bands consisting of red (one top and one bottom), a double-wide white in the middle with a green cedar tree centered in the white band. The cedar is a symbol of the country’s enduring strength.

Professor Stephen Hawking

Dr. Stephen William Hawking

1942-

Born in Oxford, England, Hawking showed an early talent in math and physics and is considered one of the world’s greatest theoretical physicists. A highly respected and honored academic, his primary fields of research are quantum gravity and theoretical cosmology. Though he was very athletic when he was young he was diagnosed with Lou Gehrig’s disease (ALS) when he was 21 and was told he would have only 3 years to live. Though he is now nearly completely paralyzed he still actively teaches, presents speeches, and write papers via the use of a specially equipped computer and an infrared “blink switch” attached to his glasses. He has kept his outdated synthesized computer voice, which has an American accent, in part because it has become associated with him, but also because he has not found a voice he likes better.

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Survival of the Fittest

 How To Survive A Fall Onto Subway Tracks

1. Do not attempt to climb back onto the platform unless you are certain that you have enough time to do so.
   If a train is approaching, you will need to act quickly.

2. Avoid areas of the ground near the track and the wall that are marked with a strip of tape or with read and white painted stripes
   Such markings indicate that the train passes extremely close to these areas, and you will not have enough clearance. In areas with these markings, there should be alcoves every several yards. These alcoves are safe to stand in if you can fit within them.

3. If the tracks are near a wall, check to see if there is enough space to stand between the train and the wall.
   Clearance of 1 ½ to 2 feet should be enough. Remove any articles of clothing or bats that could catch on the train. Stand straight, still, and tall facing the train, which will pass just inches in front of you..
   

4. If the tracks are located between the platform and another set of tracks, you may be able to move to the other track instead.
   Be mindful of trains approaching on the other side. Cross the third rail (which carries the electric current) by stepping completely over it- do not step on the wooden guard, since it may not hold you.
   

5. If a line of columns separates the tracks from other tracks, stand between the columns.
   Remove any articles of clothing or bags that could catch on the train, stand straight, still, and tall.

6. Check to see if there is enough space for you to crawl under the lip of the concrete platform and avoid the train.
   Use this only as a last resort- this strategy is not recommended since all platforms are different.
   

   ALTERNATIVES

   If none of these options is feasible, you have two other choices.

   • Run past the leading end of the platform, beyond where the front car will stop. 
     Since trains running on the track closest to the platform are likely to stop at a station (as opposed to express trains, which usually run on center tracks), you can clear the train by running well past the leading end of the platform and thus the front car. (Note: Theis method will not work for express trains that only stop at some stations, so you are taking your chances.)

   •  If there is a depression in the concrete between the rails, lie down into it- there will be enough room for a train to pass over you. (Use this method only in desperations- the train may be dragging something, or ther may not be enough clearance.)
     

   .(Piven and Borgenicht)

    

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