POVonline

Tuesday, July 8, 2008

Penalty Phase

Last March here, I wrote about a man named Juan Manuel Alvarez who caused the death of eleven people, the injury of a couple hundred more and a whole lot of horror and financial loss. I could not understand why his trial was going to last "through June," meaning about three months. I thought it should take about twenty minutes.

As it turned out, the forecast was right. The trial ended on June 26 when the jury returned a verdict of Guilty on eleven counts of first-degree murder. I'm not sure how his actions fit the definition of first-degree murder I learned in school, which said that the death had to be "willful and premeditated." There's been no suggestion that Alvarez got up that morning and said, "Hey, I think I want to wreck a train so many will die or be maimed." I gather the explanation is that it's also first-degree if a death occurred as a result, even inadvertent, of a violent felony.

The conviction seems severe enough, especially since he is apparently not going to stand trial for the other damage he did. In any case, they're now in the penalty phase of the case, deciding if the Death Penalty is going to be applied here. If the trial itself was worth about twenty minutes, I think this stage oughta take ten.

I have highly-mixed feelings about the Death Penalty...about whether it's moral, whether it's wise, whether it's proper, etc. Oddly enough, a big argument against it — the strong evidence that we've convicted and executed a lot of innocent folks — doesn't apply here. No one is claiming he didn't do it...so we're left with the other questions, which are a lot larger than this one case.

Thus, what it boils down to is whether we believe in the Death Penalty. If we don't, then you toss the guy in prison for the rest of his life...and way down the line, others can debate the unlikely prospect of parole. If we do think the D.P. is applicable for the worst kinds of crime...well, there you go. I mean, if eleven counts of first-degree murder doesn't get you The Chair or a lethal injection or whatever it is they do in this state, what does? A dozen? More? Causing eleven deaths while you also litter?

Like I said: This one should have been over in ten minutes. In this article, the widow of a man killed in the crash told a judge that she didn't want to testify in the trial because, as she put it, "I don't want to relive it." I'm sure there are trials that should last months because there are so many questions, doubts, possibilities, etc. It's in everyone's best interests to make sure we convict the Guilty and clear the Innocent, and I'm not suggesting we should shortcut Justice when the facts are in dispute. But if only so that victims' families and friends don't have to spend months reliving their worst moments, maybe we could speed some of these trials along a bit. Hmm?

• Posted at 11:31 PM · LINK

Go Read It!

Which state in this country is the most overweight? Take a look. I think it's the one with the most Burger Kings, per capita.

• Posted at 7:21 PM · LINK

Finishing the Chat

Hey, wanna read an online conversation with Stephen Sondheim and the folks behind the recent revival of Sunday in the Park With George? You don't? Then don't click here.

• Posted at 4:57 PM · LINK

Today's Video Link

From 2002, a feature on the 50th anniversary of Mad Magazine.

If you haven't read Mad in a long time, you oughta pick up a copy and take a look at what they're doing. You might be surprised...and in a good way.

• Posted at 9:15 AM · LINK

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