It’s Killers, not Jurors who Inflict Cruel, Unusual Punishment

An op-ed writer, unlike a sitting judge, can assume that a defendant will be found guilty.

I am doing precisely that to make my points.

Two nurse practitioners, Sister Margaret Held and Sister Paula Merrill, “the sweetest, most gentle women you can imagine” were found knifed to death in their rural Holmes County Mississippi home on Aug. 25.

Their life’s work was to provide flu shots, insulin and other medical care for children and adults who couldn’t afford it. Sister Paula had served the poor of the county for 30 years. Their Lexington clinic provided about 25 percent of all the medical care in the county of 18,000. “They’d help anybody they could help. They’d give you the shirt off their backs.”

The stark reality is this: These two nuns were deprived of life and liberty without due process of law. Their murderer arrogated unto himself the offices of prosecutor, judge, jury and executioner. The nuns were provided no attorneys. They were not allowed to confront nor cross-examine their accuser in open court. They received no trial consistent with the law of the land. They were executed in a summary fashion. For them: no fair trial; no appeal; no constitutional rights.

Now Rodney Earl Sanders has been arrested and charged with two counts of capital murder. It appears Sanders was released from prison in December 2015 after serving nine months for a felony driving under the influence conviction -- as per the Mississippi DOC. Their records are said to show that he also did prison time from the mid 1980s to early 1990s for armed robbery.

If Sanders is indeed prosecuted, all the rights he denied to Sisters Margaret and Paula will be lavished upon him. And if the prosecutor seeks the death penalty, and if Sanders is convicted and sentenced to death, a phalanx of lawyers and other “enlightened individuals” will trip over themselves to ensure that Sanders escapes the death penalty.

They’ll argue the death penalty is “too random.” That one murderer escapes the death sentence while the next murderer gets it. They will call any method of execution, “cruel and unusual punishment!”

When his case gets to the U.S. Supreme Court, it would be heard by Justices Stephen Breyer, Ruth Bader Ginsburg, Sonja Sotomayer and Elana Kagen -- “progressive” judges who are certain that their own notions of “cruel and unusual punishment” are superior to those of the men who wrote and adopted our Constitution.

Sander’s appeal would afford them one more opportunity to abolish the death penalty -- not withstanding the fact that the men who wrote the Constitution specifically acknowledged that the state could impose the death penalty, as long as trial was pursuant to indictment, and due process was accorded the defendant.

Do not misunderstand me. I do not believe that the death penalty is appropriate in every murder case, or even in this case. But in some cases, the FACTS of the case justify imposition of the death penalty.

And because whether the death penalty should be imposed is preeminently a “fact question,” and since juries (not judges) determine questions of fact under our Constitution, the question of whether the death penalty is appropriate in light of all the facts of the case is a question for ordinary citizens and not judges (government functionaries).

A 12-man jury brings 12 different judgments to all the great issues: Can the murderer be rehabilitated? Will imprisonment adequately protect the public? Is death proportionate to defendant’s offense? Will life deprecate the enormity of the murder? Considering the facts, Is death deserved?

The people of the U.S., of course, can amend the Constitution to abolish the death penalty. But the notion that judges can effectively declare two express provisions of the Constitution unconstitutional, is nothing more than judicial fiat, judicial usurpation, and judicial misconduct.

If the facts are as alleged, it seems to me Sanders is an excellent candidate for any usual form of execution. His sentence will be far less “random” than the death penalties he imposed upon his victims. And perhaps because I presided over so many jury trials, I’ve come to trust juries more than I trust judges.


Posted: QCOline.com September 9, 2016

Copyright 2016, John Donald O'Shea