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If You’re Ever Murdered . . .
An easy way to let murder victims speak from beyond the grave.

By Dennis Prager


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I’d like to offer a simple proposal that, if enacted, could generate a great deal of a most precious resource: moral clarity.

It concerns the death penalty.

Opponents of capital punishment argue that the state has no right to take a murderer’s life. Apparently, one fact that abolitionists forget or overlook is that the state is acting not only on behalf of society, but also on behalf of the murdered person and the murdered person’s family.

In order to make this as clear as possible, here is my proposal: Americans should be able to declare what they want the state to do on their behalf if they are murdered. Those who wish the state to keep their murderer alive for all his natural years should wear, let us say, a green bracelet and/or place a green dot on their driver’s license or license plate. And those who want their convicted murderer put to death can wear a red bracelet and/or have a red dot on their license. Just as I have a pink “donor” circle on my driver’s license signifying that, in case I die, I wish to provide my organs to help keep some other person alive, so I wish to make it known that if I am murdered, I do not want my murderer kept alive a day longer than legally necessary.

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There are a number of reasons for recommending such a policy.

First, as noted, it is clarifying for the individual. It is easier to take a position in the abstract than when it hits home. It is one thing to oppose the death penalty when others are killed, but if you have to decide what happens if it is you who is murdered, the mind focuses with greater clarity. Before deciding which color to choose, let a woman imagine herself raped and then stabbed to death. And let her further imagine that if this happened, she now has some say in determining what will become of the person who did this to her. She is no longer a silent corpse. Her voice will be heard, perhaps even be determinative of his fate.

Likewise, the woman who truly opposes death for any murderer, no matter how heinous and sadistic his actions, will also now have the ability to speak from beyond the grave. No matter how much her family may seek the death penalty, they will have no say. Any woman — or man — who passionately opposes the death penalty under every conceivable circumstance can now help ensure that at least in his or her own case, a murderer’s life that might have been taken would now be preserved. There is no more direct way to give abolitionists the right to have a say over the fate of a murderer.

Second, such a choice gives great power to the individual. Abolitionists who live in pro-death-penalty Texas, for example, can now have a say on a matter of enormous moral magnitude. And pro-death-penalty citizens living in states that have either legally or de facto abolished the death penalty regain a sense of power over their lives (or, to be precise, their deaths). The whole American experiment has been predicated on giving individuals as much control over their own lives as possible. But this has been undermined in the last fifty years as the state has gotten ever more powerful. Giving murder victims a say over their murderer’s fate would be a small but symbolically significant step in Americans’ reasserting the importance of the individual. It is hard to imagine a more appropriate arena than in determining what happens to the person who murdered you.

As dark as thoughts of one’s own murder may be, we all think about it. And I don’t think I speak only for myself in saying that I would rest just a tiny bit easier knowing that if I were murdered, my murderer might not be allowed to watch TV, read books, exercise, develop relationships with people inside and outside of prison, surf the Internet, sing, listen to music, have his health-care needs addressed, and be visited by loved ones — while I lay in my grave.

And for those opposed to the death penalty, they, too, will be able to rest a bit easier. They will be assured that even men who came to their home, raped all the females in the family, and then set the house on fire with the family inside — as happened in Connecticut a few years ago — would never be killed by the state.

Third, it would be interesting to see if these color-coded bracelets and licenses had any effect on who gets murdered. Clearly, when the murder is a crime of passion, it is hard to imagine that the would-be murderer would stop himself upon noticing a red bracelet or a red dot on a license plate. But crimes of passion are generally not, in any event, punished by death. On the other hand, in murders that could be capital crimes, it is possible (not necessarily likely, but possible) that a would-be murderer (or, even more likely, his accomplice, if there were one) might just rethink going ahead with the crime.

Fourth, choosing which color bracelet or dot would not only forces people to confront their own consciences, it would undoubtedly engender deep discussions with others. To cite but one example, it can surely help singles who are dating. If you’re against the death penalty, and your date drives up with a red bracelet and/or dot on his license plate, you’ll either have a far deeper discussion than you would otherwise have had at dinner, or you’ll spare yourself the time and effort of a date that will probably lead nowhere.

These are some of the arguments for the plan. I can’t think of one good argument against it — unless you’re an abolitionist who is fearful of seeing red.

— Dennis Prager is a nationally syndicated radio talk-show host and columnist. He may be contacted through his website,dennisprager.com.

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COMMENTS   52

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   02/21/12 00:20

I can’t think of one good argument against it

A few come to mind. For example:

Opponents of capital punishment argue that the state has no right to take a murderer’s life. Apparently, one fact that abolitionists forget or overlook is that the state is acting not only on behalf of society, but also on behalf of the murdered person and the murdered person’s family.

And yet the “also” simply disappears from your analysis. The state is acting “also” on behalf of society, and now society gets no say. Even assuming the murderer whose victim opts against toe death penalty gets a life sentence, society doesn’t get to decide that he would be too dangerous in prison or in the event of an escape; doesn’t get to decide that murders such as the one committed need to be deterred by means of the death penalty; and doesn’t get to satisfy its own retributive needs. Nor does society get to decide the converse if a particular murder appears anomalous.

No matter how much her family may seek the death penalty, they will have no say.

But why shouldn’t they? The murderer has harmed them as well.

such a choice gives great power to the individual. Abolitionists who live in pro-death-penalty Texas, for example, can now have a say on a matter of enormous moral magnitude. And pro-death-penalty citizens living in states that have either legally or de facto abolished the death penalty regain a sense of power over their lives (or, to be precise, their deaths).

So you want to federalize the treatment of murder, even though crime is primarily in the bailiwick of the state under our constitutional system.

Moreover, your suggestion allows for no particulars. Suppose the victim believes some murders warrant the death penalty, but others don’t.

I imagine this is a kind of thought experiment. I’m playing tonight because I have to stay up late anyway. These are the objections that come to mind.

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Gregg G Brown
   02/23/12 08:22

Completely agree with this comment. Prager's case was unusually full of holes. I say, kill this article!

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Gregg G Brown
   02/23/12 08:22

Completely agree with this comment. Prager's case was unusually full of holes. I say, kill this article!

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   02/21/12 07:26

Gruesome and ridiculous in one article, how very irritating.

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John Walker
   02/21/12 07:53

Pontius Pilate confronted Jesus and said "I have the power to save you". Conversely he had the power to kill him". ("Christ Killer" is a bit of an oxymoron since the Son of God is not killable). Jesus responded by not saying "Thou shall not murder" but said "that power was given to you by God". One translation of James passage obey the civil authorities continues with the warning "beware of the righteous sword of the magistrate". In ancient times the sword was the death penalty.
Two approaches: A man may repent knowing he is about to die or given suffient time in death row a man may repent. The significance of the collapse of the tower of Siloam was not the fact that they died by accident so much as they died without being saved.
Adans' sin guaranteed we all are under the death penalty. Getting there by natural or civil means is our choice. Even men pardoned on death row will eventually die.

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Max Power
   02/21/12 08:15

Emperical data based on DNA evidence shows that the state usually gets it wrong when convicting a murderer. Yes, in theory we should execute murderers, but more than half of the executed will be innocent. If we could develop a better court system where instead of executing the first black male seen within a mile of the scene of a crime Americans were actually innocent until proven guilty, I'd be more inclined to agree with you.

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   02/21/12 09:57

Max, please cite the sources you used to compile your post.

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 GWB
   02/21/12 13:19

He can't, because there isn't any.

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Max Power
   02/21/12 19:38

68% of capital convictions are reversed:
External Link 

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M Shama
   02/22/12 15:26

Sneaky! Your two statements:

"Emperical data based on DNA evidence shows that the state usually gets it wrong when convicting a murderer."

"68% of capital convictions are reversed"

These are far from being the same thing.

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jLow
   02/21/12 11:10
one4gipper
   02/21/12 16:40

Max's statement is a gross exageration. But, there is some truth to what he says. Please Google the Innocence Project which has found 283 cases of wrongful conviction. In 70% of the cases an erroneous eyewitness identification is a factor. In a significant number of other cases, prosecutorial misconduct is the culprit. Does anyone remember the DA in Durham, Michael Nifong? Also, check out the prosecutors' conduct in the case of Alan Gell. How can we know that a prosecutor is following the law? If they are going to suborn perjury of witnesses by offering plea bargains in unrelated cases, ... if the are going to hide exculpatory evidence to get a conviction, how can we ever impose the death penalty? No, I am a Goldwater Republican and used to support the death penalty, but I do not trust District Attorneys to present the truth.

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Rocky Mountain
   02/22/12 09:25

Please don't insult our intelligence.

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   02/21/12 08:22

Whatever happened to equal justice under the law?
I wonder what you could get for Lady Justice's blindfold?

These may, in reality, be only theories; but just HOW is this proposal any different than what Obama is doing to the Constitution?

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 Bugg
   02/21/12 08:37

What drivel. Mr. Prager in a lame attempt at being provactive once again gives us a view of the vast open space between his ears.

Conservative means knowing that government is a flawed if necessary evil. Simply governments can and do make mistakes. Further, courts, police departments and DA's offices are staffed by flawed human beings, no matter how well-intentioned. And some of those people have no scruples at all. . Having seen the criminal justice system up close "professionally" from both sides of the courtroom I have serious doubts that the death penalty makes any sense, neither as a deterent nor as a punishment. Yes, there are cases where guilt can be proven beyond any doubt and the defendant is a total blight on humanity. But that doesn't allow the logical leap to allowing the state to take life.

Speaking of death; to the editors, as a a long-time subscriber-kill this piece and save some bandwidth. And seriously ask yourselves why you allow this nonsense to be posted here.

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   02/21/12 09:40

The fallen and fallible nature of man certainly leads to the need for due process, but it doesn't necessarily lead to the conclusion that the state ought not to have nor ever to exercise the authority to take a life, and the forfeiture of one's right to life is a precisely proportional and thereby just response to his unjust taking of another man's life.

There is a long tradition of empowering the state to take life while simultaneously affirming that the state is capable of mistakes and even deliberate miscarriages of justice. On that point you can draw a line from the Old Testament straight through to the Founding Fathers.

Reasonable conservatives can -- and do -- disagree about the death penalty, but if conservatism entails modesty about the state's competence, it also entails a certain amount of modesty about yourself.

To be blunt, bugg, you can doubt the justice and efficacy of the death penalty without insulting those who disagree with you. You should make your point without beginning and ending your comment with over-the-top insults.

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LindaF
   02/21/12 08:37

One argument against abolition of the death penalty I've seldom seen addressed is the fact that lifetime incarceration doesn't seem to slow some criminals down. They injure and kill other inmates, guards, and prison workers. Have those people to forfeit their lives so that their killers can continue their mayhem undisturbed, and salve the conscience of the squeamish?

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 jag
   02/21/12 10:20

Linda F,

The fact that murderers with life sentences do go on and murder and maim innocent prison personnel is THE reason why applying the death penalty remains perfectly rational. These murderers are very easy to distinguish. They are clear sociopaths who have a history of violence and their murders rarely involve "passion" but are simply expedient. These also aren't the tough convictions; they are usually completely blatant in their violence which leads to a fairly straightforward and conclusive conviction.

There is nothing "moral" about the state evading the responsibility for eliminating a clearly lethal, proven homicidal, threat even though that threat is imprisoned. No prison or prison personnel are perfect in their ability to segregate such animals and to ask them to risk their lives, completely unnecessarily, merely to assuage someone's personal preferences is perfectly immoral, is it not?

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Bob G
   02/21/12 20:01

Which is why I've thought we need a new 'hybrid' sentence of life with the possibility of death. Since due process has already been administered, the murderer undergoing a life sentence could be quickly 'upgraded?' to the death penalty if they commit violent crime while incarcerated.

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Jon Symth
   02/22/12 13:32

Better refined to meet the goal would be - Life without the possibility of parole with the possibility of death.

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