Death Penalty for Youths Unconstitutional

The Supreme Court ruled this morning that the death penalty for people under the age of 18 when they committed their crime is “unconstitutionally cruel.”

The 5-4 decision may prompt greater discussion of the death penalty in the Virginia races for governor and delegates in November. Virginia is one of 19 states that allows for the killing of convicted murders who were juveniles when their crimes were committed.

One of the GOP candidates for governor, Jerry Kilgore, has been trying to make the death penalty an issue, as likely Democratic nominee Lt. Gov. Tim Kaine is morally opposed to the death penalty but has promised to uphold it because it is legal.

Coincidentally, Marc Fisher of The Washington Post, has a column today that outlines Kaine’s challenge. Kilgore seems willing to wage his campaign by attacking Kaine’s faith. As a Catholic who adheres to the church’s position, Kaine opposes capital punishment.

The issue points to the contradiction of Kilgore’s attack. He wants his faith to guide his politics but criticizes Kaine when he does the same.

"Faith does shape my views on public policy, from prayer in school to other issues," Kilgore says. "I don't believe in gay adoption -- it's a faith issue for me."

Kaine responds that "I think life is sacred, whether it's abortion or the death penalty." He immediately adds that "I'm going to take an oath and fulfill my office." Meaning he will not delay executions or use the clemency power unless he is persuaded that a convict is actually innocent.

Kaine's attempt to thread a politically acceptable path between his core beliefs and his proposed policies creates a huge opening for Kilgore. What does Kaine really believe, Kilgore will ask. If those are his true beliefs, shouldn't he govern accordingly? If he's willing to shelve his core values, what does that say about his character?

It’s a fair question, but maybe it also provides an opportunity for Kaine to attack Kilgore. If Kilgore wants to attack Kaine for his religious beliefs, Kaine can’t be criticized for painting Kilgore as intolerant of other religions, especially Catholicism.

Comments

[Bob]

Alas, the Democrats challenge is how to get any free passes. I am intellectually opposed but if it were close to home, it would be a different story, I fear.

The plea from Kaine for a free pass might be couched in terms of respecting his religion. That may hold off a number of people who feel, as Marc Fisher thinks, that the Dems are "clueless" when it comes to faith issues. Kaine ought to say it's an issue of religious tolerance: Kilgore's for Kaine's Catholicism.

Bob

[alan]

I believe that the death penalty is absolutely constitutional. If someone were to seriously harm a person close to me, I would be 100 percent for the worst punishment the law would allow. Nevertheless, my libertarian instincts have always led me to be intellectually uncomfortable with the death penalty. Why should we trust the government with a decision on life or death? What I have found fascinating is once juries have been informed of the possibility of life without parole, the death penalty has become a rarity -- even in Virginia, which supposedly is so solidly pro-death penalty. While good for a political sound bite, it may be that the death penalty is headed for practical extinction. As for Kaine, I only hope that the public will given him a free pass on the death penalty in the same way that pro-choice voters seem to be willing to give a pass to Republicans: since, as a practical matter, the policy is not going to change, the politician's position on the particular issue is not as important as the position on issues that actually make a difference (education funding anyone?).

[Bob]

The greatest disconenct is the radical right's attitude that government should stay out of our private lives -- unless it's an issue they support. Then government has the right to codify behavior.

[kathy]

Good news about the death penalty.

Kilgore doesn't have to be logical. That's the wonderful thing about fundamentalism; it admits no symmetry between my religious belief and yours. If I am fundie, I can govern from my faith because it's the one true faith; you are not allowed to govern from yours because it's wrong and you're going to hell.