The Death Penalty in Indonesia

The family of Imam Samudra are intending to lodge a complaint in the event that he is executed. The complaint will be based on a claim that he has been murdered. There are interesting legal arguments relating to state sanctioned murder.

My personal view is that it is murder, it is a willful killing authorized by the state, and it is wrong. I am not arguing that Indonesia does not have the right to use the death penalty. The argument is a loser as international law permits a death penalty state to continue to use the death penalty. I am arguing on moral grounds that the death penalty is wrong. I am arguing that two wrongs will never make a right. Simply, an eye for an eye makes the whole world blind. I am arguing it is not a deterrent to crime.

Yet, with all those things said, it is unlikely that any claim submitted by Luluk Jamaludin (stroking his goatee in the photo), the younger brother of Imam Samudra, will have legal legs. The Constitutional Court has ruled that the death penalty is a valid form of punishment that does not breach any right to life protections provided for in the 1945 Constitution of the Republic of Indonesia. Furthermore, the Constitutional Court has also ruled that execution by firing squad is not cruel and unusual punishment.

I just do not see a claim making any headway in a system that seems to be aligned in favor of state sanctioned killings.

A Face of Innocence

I cannot imagine what it must be like to spend 27 years in prison for a crime I did not commit. I guess no one really can imagine what that must be like without having lived that themselves. However, for those doing time for crimes they did not commit there are those that are willing to take up your cause in pursuit of a fair trial and hopefully vindication for your years of insisting upon your innocence.

The Innocence Project started off small and from somewhat humble beginnings has expanded into a formidable force for justice. The Project also runs a blog that provides updates on success stories, reasons why innocence projects should start everywhere, what are current projects, and a whole range of other up-to-date information on what is going on!

DNA evidence is a crucial tool in garnering convictions but DNA is proving to be equally crucial in exonerating wrongly convicted prisoners of crimes that they did not commit.

From a simple perspective of justice or doing what it right, it is difficult to understand why some law enforcement agencies are so reluctant to have available evidence re-tested to ensure that the DNA evidence is solid. This is even more difficult to understand when the results to date show that there are significant numbers of innocent people doing serious prison time for crimes that they did not commit.

Personally, if some one is on death row for a crime then the State has an obligation to ensure that absolutely all avenues of innocence have been explored before that prisoner is put to death. Even more personally, I think all death sentences should be converted to life in prison without the possibility of parole. The death penalty is not the answer and neither is it a practical deterrent to crime.

On another aside. How do you compensate someone for taking away 27 years of their life? You could conceivably be incarcerated for the prime of your life for a crime that you never committed!

What is somewhat ironic with this latest Innocence Project success is that it happened in Texas which just so happens to be the leading US State for State Sanctioned Killings.

Nevertheless, this post is about James Lee Woodard who was wrongly convicted of the rape and murder of his then girlfriend in 1980 and then sentenced in 1981 to life in prison. Mr. Woodard was no saint and had some prior convictions but nothing that resembled rape or murder. The worst of the previous offences was a larceny offence hardly a precursor to rape and murder.

Perhaps the lesson in this is not only to be sure before we convict a person of a crime and send them to prison for the rest of their lives but also the value of persistence, self-belief, and the desire to do good and to do what is right.

May the Innocence Project be a success wherever it goes!

State Sanctioned Killings in the US to Resume

The Supreme Court in a 7 - 2 vote rejected an appeal that the current form of lethal injection used to put death row inmates to death regarding its constitutionality; simply, the method is legal and constitutional.

The appeal hinged on whether the method breached an inherent right not to be subject to cruel and unusual punishment.

The decision is interesting as it includes seven separate opinions. This is indicative of a court with sharply divergent opinions and reasoning. This should also translate to more appeals regarding constitutionality. Whether the court accepts the appeals is a different story.

More to follow once I read the decisions.

(the photo of the Supreme Court is from my personal collection)