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July 10, 2002
Death penalty cheapens value of human life
By Jim Castle
The United States Supreme Court, in the Ring case, has issued a landmark ruling that struck down judge sentencing in death penalty cases. In Colorado that means that our current death penalty statute is unconstitutional and three men currently on Colorado's death row will soon be off death row.
As a Catholic lawyer I know there are many Catholics who are philosophically and morally opposed to the death penalty. Thirty-five percent of our state's population is also opposed to the death penalty but because we are in the minority our opinions are not law and we are not allowed to sit on a jury in any case where the death penalty is being sought. On the other hand, there are many Catholics who support the death penalty, including many of our Catholic elected officials. They are in the majority and their desire for a death penalty has become law.
When we accept death as an acceptable form of punishment we cheapen the value of life generally. In this day where prisons are secure and a life sentence means a life sentence without the possibility of ever being paroled, the death penalty cannot be justified as a means of self-protection. It is justified simply as revenge and retribution.
It is anticipated that our legislature will soon attempt to enact yet another death penalty statute. There have been those who are now asking that any new law make it "easier" to obtain the death penalty such as allowing a verdict of death on less than a unanimous vote of the jury.
Although those of us who are morally opposed to the death penalty do not willingly accept any statute that calls for the possible government execution of another human being, it is unfortunately likely that in an election year a new death penalty statute will be enacted.
Although a majority of the populace does support a death penalty, including many Catholics, I do not believe that a majority would support a new law that would make it easier to obtain a death sentence. Most of those who support the death penalty believe it should be imposed in only the rarest of situations.
Whatever your beliefs are I encourage you to share them with your legislators and the governor. Colorado is beginning to be known as a state whose callousness for the value of human life has reached epic proportions in its attempts to make the death penalty an easier punishment to be obtained.
We sit and wonder why our younger generation has become so violent yet do not look at the example we have set. I ask you to be involved because the law that soon will be passed will be our legacy to our children.
Before our next death penalty legislative session is underway it may be wise to engage in an open debate about whether we, as citizens of Colorado, given the costs and the moral issues, actually wish to have a death penalty in Colorado. If there ever has been a time in recent memory where it would be prudent to engage in a thoughtful discussion now would seem to be it.
Jim Castle is president of the Colorado Criminal Defense Bar and a member of the Catholic Lawyers Guild.
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