Marquel, the TPV New York Times Correspondent, was staring at himself (it has been done before), when he read The Innocent on Death Row. The exoneration of two North Carolina men provides a textbook example of so much that is broken in the American justice system. Marquel believes, however, that nothing is broken, at least in the sense of mission. The system, Marquel believes, is working as it is supposed to. It is surprising that so-called experts fail to understand.When Amadou Diallo was shot 41 times as he went outside for a walk, totally unarmed, nothing was broken, except for about 41 bones in Mr Diallo’s body. Police can shoot pretty accurately, assured by regularly required target practice. They can also shoot wildly, something they also practice regularly. Called a “rainshower,” it is reserved for targets who “deserve a lesson,” mostly young, black, unaccompanied males, whom the police believe should stay indoors at night.
The same is true for capital defendants. The police and prosecutors know which ones are innocent but also know that a good execution concentrates the mind and cuts down on crime–unless you think state murder is a crime, a concept foreign to our legal system and, thus, also not broken. Marquel went over to John Jay College, a denizen of cops and cop studiers.
Dr. John Murphy, a penologist and author of many books on cop behavior, explained, “legal theory justifies punishment, including capital punishment, with two main apologia. First, specific deterrence. By punishing the criminal, no matter how regretful and rehabilitated he may be, justice is done and punishment assures the criminal won’t repeat his crime. Especially capital punishment,” he said with a chuckle. “Then there is general deterrence. When a criminal is punished others learn that crime has a price, a price that makes the crime unattractive.”
“But what does all that theory have to do with a broken legal system,” I remarked.
“Because if you think of it, it’s not broken and the theories prove it. By the way every lawyer and cop studies these theories when being trained.” He explained. I was getting frustrated.
“So tell me more simply why convicting innocent people isn’t a broken legal system.” I said.
“Because general deterrence works even if you’ve got the wrong guy. Don’t you see?” He asked.
“I think I get it,” I said, “as long as a prisoner is killed other killers are warned and scared. They don’t know the guy is innocent.”
“And the legal system doesn’t care!” He said, chuckling again. “In cost benefit terms, one innocent person is killed but perhaps ten innocent people, otherwise the victims of future crimes, are saved. Those are pretty good numbers, from a law enforcement perspective.”
“Are you serious?” I asked.
“Absolutely. Why?” He asked.
“Because an innocent person is killed.”
“But ten are saved.” He cautioned.
“I don’t like it,” I said.
“The legal system would answer, ‘tough nuggies’ .” He said, chuckling.
“And Amadou Diallo? 41 shots?” I asked.
“The cops could have downed him with one shot. But what good would it do? Forty one shoots is a dramatic assertion. If you’re black and you go outside, it will be tragic, a rainshower. In exchange for one life, ten men stay indoors.”
“Are you telling me all this is all on purpose?” I questioned.
“Well it’s not in the police manual but everybody from the beat cop to the Criminal Court judge knows the plan. It’s what keeps us all safe in this city.” He asserted.
“I think I’d rather be a little less safe and have innocent people respected.” I said.
“What you don’t understand is that this is how innocent people are protected. There is no other way.” He insisted.
I walked home. I saw everything in a different light. Nothing was broken and everything was broken. All our beliefs in law and justice have been trashed by amoral theorists. This is not the New York I thought I knew and loved. Maybe the criminals weren’t the ones we thought they were. I slept fitfully that night.
***
BY MARQUEL: America’s Death Wish
oy. another biggie. I agree with you Marquel, but so tragic…well done though
agree
well written and funny…though agree with the others, what a tragedy
national tragedy
Liked this very much: Because general deterrence works even if you’ve got the wrong guy.
Even if it misses a crucial point re: “wrong guy.” Generally, the thinking is that if they were arrested and convicted they must have been guilty of something. Take the case at hand. The reporting has pointed out that at least one of the victims, (the victims, in this case, formerly known as convicted murderers, or, more simply: murderers) was retarded at the time, so for thirty years, we were protected from that, too.