Death Before Dishonor, or Vice-Versa

Oops. President Bush committed another faux-pas and uttered the "D" word yesterday. It ruffled the refined and evolved feathers of our European friends and not-so-friendlies alike. It discomfited the UN. Human rights groups were disturbed at the thought of a speedy trial in Iraq, followed by a death penalty. Yes, the death penalty is too uncivilized to impose on a mass murderer. This must be what comes from eating too much unpasturized cheese and French cuisine.

And yet, one hopes that the swiftness of "Texas-style" justice is tempered here. There are good reasons to be against the death penalty, appealing though it is to the gut.

In domestic "normal" cases, most importantly there is the matter of the increasing accuracy of forensic science and the impact on outcomes of the amount of money you have to defend yourself. It turns out that forensics has gotten so good that we have been forced to face up to mistakes in many, many death-case trials. It is statistically demonstrable that the law is unfairly applied. That is why in much of this country things are on hold regarding the ultimate penalty while the system of jurisprudence gets a serious examination to try to better work out its problems.

So for your ordinary, might-be-innocent murderer or rapist I have to say that I, reluctantly, oppose the death penalty at the moment, on the grounds that it is not applied fairly and often those without the money to get a decent defense are wrongly convicted (consider the rash of DNA-fueled overturnings in recent years). Even in Texas, these cases are causing serious problems in prosecution.

But who can think that Saddam is innocent of murder? Or that he won't get a fair trial? No one, obviously, but the trial is about far more than one man's guilt.

That's why there is another, better reason to "spare" his life. To give a forum to victims and to unearth not just the crimes, but the truth. Everyone, including the U.S., must own up to their share in the evil that was Saddam. In addition, a thorough process will allow the various conspiracy theorists and apologists worldwide to have their say, come up with their theories and have them all swatted down by convincing evidence. This unwinding of the real history of the region could take more than a few years. Best Saddam is still around to answer questions during this period.

Next, consider the punishment, itself. Death is almost too easy a way out for him. Instead, let him live in that spider hole of his (or some other minimally acceptable isolation) until death takes him naturally. He's a relatively young man. This should take a while.

Let him scream and go mad as so many others have, thanks to the torture and brutality and murderousness of his evil. Let their ghosts come to him in his dreams for years to come. That's harsh enough that even Saddam, himself, might applaud such a life-sparing decision, had a person so guilty as he is been tried under his former regime. Yet, it is humane; it spares his life.

All should be happy with this compromise. Even the Iraqis, a people with a code of justice that makes the one in Texas look like the one in the Netherlands, might find such a punishment more fitting even than death for his crimes.

That said, I would like to applaud the UN for its interest in taking charge of this trial...just as its legions have taken the lead braving the dangers of Iraq both to help the people there and in the capture of Saddam. Oh, they aren't there? Oh, Kofi Annan says it is still too dangerous for any of his people to go to Iraq to help make it less dangerous? Fine, then let them sit quietly in the corner until it is safe enough to come back and help with setting schedules for the PTA, or whatever other challenges they think they are up to. ¶ 9:32 AM