Bacon's Rebellion

Capital Punishment: A Debate of No Practical Consequence

—

by

James A. Bacon
in

Nothing gets peoples’ juices flowing like an empassioned debate over the death penalty. I happen to agree with Jerry Kilgore’s stance on the issue — I support the death penalty — and I think he’s gotten the better of Tim Kaine in the latest round of television ads, press releases and newspaper articles. I’m grimly fascinated by the spectacle of Tim Kaine wriggling like a worm on a hook as he insists that, though he opposes the death penalty, he’ll uphold the law. Score a political point for Kilgore. He’s keeping Kaine on the defensive.

But I remain unmoved. The fact is, the chance of Virginia repealing the death penalty in the next four years is about zero. It ain’t gonna happen. No one has any intention of even trying to make it happen. Therefore, the entire debate is revolving around an issue that, for all intents and purposes, is largely theoretical.

Here’s what will happen: The state Senate will present a proposal to raise taxes for transportation — as much as $2 billion a year, from the whispers I’ve heard. The General Assembly will be greeted with a gusher of revenues to dispose of. Funding for schools, transportation, higher ed, economic development, mental health, Medicaid — programs that will have a real impact on peoples’ lives — are matters that a new governor will have to grapple with.

Let’s hear less about capital punishment and more about budgetary priorities.

Share this article

ADVERTISEMENT

(comments below)

Comments

Comments

  1. Anonymous Avatar
    Anonymous

    It is not just theoretical. One person can effectively repeal the death penalty — the governor — by exercising the unlimited power to pardon or commute. Such a decision cannot be appealed. The position of the legislature is meaningless. So it is reasonable to ask the voters whether they believe Tim Kaine when he says he will abandon a life-long position based on deep principal, a position he still held when he ran for LG four years ago. That willingness to abandon a position is just as much the point of this exchange as the position itself. And that’s why Kaine’s response ad is costing him as many votes as it is saving him.

    Is it the ONLY issue that matters? Of course not. Is it the most important? Personal decision. Does it drive votes? Unmistakeably.

  2. Jim Bacon Avatar
    Jim Bacon

    Anonymous 9:01, So, you’re suggesting that Kaine can “lawfully” circumvent the death penalty by pardoning and commuting everyone on death row? That sounds unlikely to me, but… who knows? I suppose the question should be put directly to the Kaine campaign: What criteria would you use in pardoning or commuting death sentences?

  3. Scott Avatar
    Scott

    Great, when are you going to focus more on the candidates’ views of the VIRGINIA Performing Arts Center, considering its state investment?

    Or is that still considered “off topic”, Jim?

  4. Anonymous Avatar
    Anonymous

    Jim. Absolutely. The power rests with the governor, and one governor — Indiana I think — made the personal decision to suspend the death penalty in his state. The governor’s decision on a clemency petition is just as much a part of the process as the jury’s decision and the court appeals — and of course some of them have always been granted. The question is, would Kaine always seem to find a reason to grant them?

    Who gives a hoot in hell about the Performing Arts Center beyond the confines of Richmond City Hall, the Country Club of Virginia, and the editorial board of the Richmond Times Dispatch? Yawn. What’s on HBO tonight, dear?

  5. Scott Avatar
    Scott

    You would be surprised. There is state taxpayer money now invested in the VaPAF. Other localities are looking at creating their own art centers- including UVA. THis is on Broad St, right near the State Capitol. This also speaks to regional cooperation (or lack of it).

    Your efforts at sidestepping and downplaying this topic are noted. If you were really concerned about “new economy” and “battling government waste” you would be all over this.

  6. Anonymous Avatar
    Anonymous

    OK Anon,
    First it was Illinois, something you could find with a quick Google. Second, he thought he could get away with it without any electoral issues. Assuming that Kaine is like every other politician (including J.K.) they all care about getting elected to something higher and wouldn’t commute sentences if it would bite ’em in the future.

    Jim, I’m surprised if you really believe races are about coming up with ideas. They’re about getting the best results from the passion X preference = votes equation. The death penalty evokes a lot of passion and there is a lot of preference against it. If you can take the issue, you hammer it home.

  7. Jim Bacon Avatar
    Jim Bacon

    Scott, The Performing Arts Center is certainly not “off topic,” but I don’t see it as being an issue of consuming importance to the state, although I did write skeptically about the project for the Bacon’s Rebellion e-zine about a year ago.

    As you have raised this issue on a number of occasions, I will answer you here: There are many aspects of the Performing Arts Center plan that would be desirable for Richmond. It would allow performing arts groups throughout the region to pool resources to create a world-class venue for them to perform. That makes a lot more sense than for every group to raise money from a tapped-out philanthropic for its own performing venue.

    That said, I was concerned by the magnitude of the cost. As cool as it would be to have such a facility, I wondered if it was too big for Richmond. I also wondered if the money could be better spent. If Richmond wants a vibrant performing arts community, why not spend it on the actual performing arts groups themselves than sinking all of our money into infrastructure? The “art” that most Richmonders patronize doesn’t require a Taj Mahal performing center. You find the art in out-of-the-way art galleries, and in nightclubs, and in coffee club poetry slams. Finally, I have philosophical objections to tapping tax money for a project that should be supported by philanthropy.

    In sum: The Performing Arts Center would be a really cool thing for Richmond to have, but it’s unaffordable. Just like a Porsche Carrera would be a really cool thing for the Bacon family to have, but is unaffordable. The difference, of course, is that I can’t tax my neighbor to help me pay for what I want!

  8. Jason Kenney Avatar
    Jason Kenney

    I gotta go with Jim here. What impact does Kaine’s view on the death penalty really have on the tangible future of Virginia? Where’s the real meat and potatoes of what Virgina needs here? Transportation, education, taxes, things that the government actually deals with day to day. Give voters a reason to care, people.

  9. Anonymous Avatar
    Anonymous

    It always amazes me that those on the Right who trumpet the “sanctity of life” as it pertains to a woman’s right to chose to have an abortion are so adamant for the death penalty. I know that its apples and oranges as far as the basis for an argument, an innocent life versus a “convicted” criminal (the quotes are there because, unfortunatly, here in the Commonwealth a conviction does not always indicate the perpetration of the crime.
    Maybe I’d feel better if there were another word other than sanctity. Either life is precious, as apparently Kaine’s faith tells him, or it’s conditional, as Kilgore feels.
    I suppose,taken to it’s extreme, it indicates that if you are a commited Catholic don’t apply for the chief executive of this state.

  10. Jason Kenney Avatar
    Jason Kenney

    Scott, you’re asking for the governors to step in and campaign on what is mainly a Richmond City issue. 98% of the state electorate couldn’t care less. This is a non-issue.

  11. Jason Kenney Avatar
    Jason Kenney

    Sorry, the “candidates for governor”, not the “governors”. Oops.

  12. Anonymous Avatar
    Anonymous

    We all know Jerry Kilgore’s use of the “Death Penalty” issue is a desperate attempt to resurrect a failed campaign.

    The fact is that a lawyer is ethically bound to accept the defense of cases when requested to to so by a court. Our constitutonal and legal system is founded upon the principle that even the most reviled person is entitled to a competent defense. That is exactly what Tim Kaine has done–ensured that there was a competent defense for persons who have been accused of crimes.

    The use of those poor people in the ads is a disservice to the American political and legal sytems. The misstatements of fact that he puts in their mouths is reprehensible.

    Its the totalitarian societies that punish on allegation without trials. It is hard to believe that a serious candidate in this state–the birthplace of the Constitution and the Bill of Rights would engage in such an absurd assault on basic American values.

    But it is even more difficult to stomach a candidate of one of our major parties putting forth such obvious distortions–even lies.

    That does raise the final and most elementary quetion for our voters–Do we really need a liar like Jerry Kilgore in the office formerly held by Jefferson, Patrick Henry,James Monroe?

  13. Anonymous Avatar
    Anonymous

    “Jim. Absolutely. The power rests with the governor, and one governor — Indiana I think — made the personal decision to suspend the death penalty in his state.”

    Kaine has already addressed with: he’s said that such a blanket clemency would be a clear abuse of that power. The DP is just not something that, in 4 years, that he’s going to waste all his political capital fighting when there are many other values he also holds that are doable.

    The fact is, Kaine could have always “seen the light” on the DP before starting this race, rejecting his past advocacy. Instead, he was honest, and has again and again explained pretty darn clearly his position. It’s not a simple, bullheaded position, but it’s reasonable, even honorable. He acknowledges that he’s taking an office that requires as its duties carrying out death senatances. He doesn’t agree with it. But he’ll do it because that’s what the office requires and the office is bigger than the man. The fact that he’s been so frank on this, instead of taking an easy out, is a real sign of character on his part, and the viciousness and dishonesty of the attack on his position (making brief legal counsel on an appeal of a particular sentance into an attempt to let a killer go free) is a real sign of cynical political depravity.

  14. Anonymous Avatar
    Anonymous

    Whether or not Kaine felt the defendent in the case was guilty, doesn’t he have a duty as a lawyer to ensure he receives due process? And wasn’t that the question that he was advised on?

  15. James Atticus Bowden Avatar
    James Atticus Bowden

    3:03 Anon: What are Kaine’s ads about Kilgore rolling back the tax reductions – thus increasing taxes – as well as the tax hikes from last year – if not lies? Kilgore has promised neither.

  16. 3:03 Anonymous Avatar
    3:03 Anonymous

    Well Mr. Bowen it looks like youo’ve been to the “So’s your old man” school of political attack as praticed by the Times-Dispatch. So you “justify” Kilgore’s lies by saying that Kaine has lied?

    Any honest analysis shows that Kaine has not lied….but wait–“honest analysis?”– that is obviously beyond your capacity. My appologies to you, sir.

  17. Anonymous Avatar
    Anonymous

    Guess which party nominated men who looked into the camera and told these whoppers:

    “I did not have sexual relations with that woman”

    “I will not raise your taxes.”

  18. Carl Steiner Avatar
    Carl Steiner

    Well now, isn’t it great that Virginia is at least consistent. We permit capital punishment and abortions. No right to life here – we kill them all!!! My vote to Kaine – Kilgore only using the death penalty to get votes, I do not think he really cares and his commercials show total disrespect for the victims who have sufferred terribly and express their hunman feelings. Kilgore is not consistent and I cannot trust him on the other important issues such as education and transportation. At least Kaine is consistent and has true right to life positions. I feel he will standby what he says period and can be trusted to lead.

  19. Anonymous Avatar
    Anonymous

    why do you agree with the death penalty?

Leave a Reply

ADVERTISEMENT