A recent edi­to­r­i­al in the Lincoln (Neb.) Journal Star high­light­ed some of the con­ser­v­a­tive argu­ments oppos­ing the death penal­ty. Edward Crane (pic­tured), founder of the CATO Institute, a lib­er­tar­i­an think tank, said, My own view on cap­i­tal pun­ish­ment is that it is moral­ly jus­ti­fied but that the gov­ern­ment is often so inept and cor­rupt that inno­cent peo­ple might die as a result. Thus, I per­son­al­ly oppose cap­i­tal pun­ish­ment.” The edi­to­r­i­al also quot­ed Mary Kate Cary, for­mer speech­writer for President George H. W. Bush, who said, It’s becom­ing hard­er to jus­ti­fy the death penal­ty in the face of evi­dence that our sys­tem is flawed.… For years, peo­ple like me thought that being tough on crime meant sup­port­ing the death penal­ty. Times have changed, and it’s time for con­ser­v­a­tives to get on the right side of the death penal­ty argu­ment. One can oppose the death penal­ty and still be in favor of a tough, afford­able, accu­rate and fair crim­i­nal jus­tice sys­tem.” The edi­to­r­i­al also cit­ed the high cost of cap­i­tal pun­ish­ment as anoth­er con­ser­v­a­tive argu­ment against the death penal­ty. Read full edi­to­r­i­al below.

Conservatives and death penalty

Perhaps some read­ers were star­tled by a ref­er­ence in a George Will col­umn (LJS, April 14) to the con­ser­v­a­tive case against the death penalty.”

Yes, it’s true.

Some con­ser­v­a­tives have turned against the death penal­ty, and there’s evi­dence that tide is growing stronger.

In fact, at the renowned Conservative Political Action Conference this year there was even a booth for Conservatives Concerned About the Death Penalty.

Nebraskans who oppose the penal­ty should take note. In a red state like Nebraska, it’s the con­ser­v­a­tive argu­ments that hold the most poten­tial to change the minds of state senators.

An effort to repeal the death penal­ty is a peren­ni­al in the Legislature. The bill intro­duced this year by Sen. Ernie Chambers is out of com­mit­tee and will be debat­ed on the floor in coming weeks.

For some con­ser­v­a­tives, oppo­si­tion to the death penal­ty is part of their gen­er­al mis­trust of gov­ern­ment. Edward Crane, founder of the CATO Institute, put it this way, My own view on cap­i­tal pun­ish­ment is that it is moral­ly jus­ti­fied but that the gov­ern­ment is often so inept and cor­rupt that inno­cent peo­ple might die as a result. Thus, I per­son­al­ly oppose capital punishment.”

That view has become more main­stream in con­ser­v­a­tive cir­cles because DNA tech­nol­o­gy has shown that some of the mur­der­ers fac­ing death sen­tences in the United States actu­al­ly are innocent.

Mary Kate Cary, a speech­writer for for­mer President George H.W. Bush, said, It’s becom­ing hard­er to jus­ti­fy the death penal­ty in the face of evi­dence that our sys­tem is flawed. … For years, peo­ple like me thought that being tough on crime meant sup­port­ing the death penal­ty. Times have changed, and it’s time for con­ser­v­a­tives to get on the right side of the death penal­ty argu­ment. One can oppose the death penal­ty and still be in favor of a tough, afford­able, accu­rate and fair crim­i­nal justice system.”

Nebraskans in recent years have seen repeat­ed exam­ples of how the crim­i­nal jus­tice sys­tem can deliv­er a flawed result, rang­ing from the con­vic­tions over­turned in the Beatrice Six cas­es to the mur­der charges in the Murdock case that were dropped after it turned out blood evi­dence was plant­ed by a crime scene inves­ti­ga­tor, who lat­er was con­vict­ed of planting evidence.

Another con­ser­v­a­tive argu­ment against the death penal­ty is cost. It’s cheap­er to keep mur­der­ers in prison with­out parole than it is to pay for the seem­ing­ly end­less appeals that are required to reduce error and bias in admin­is­ter­ing the death penalty.

Republicans in the Legislature should take note. They can vote for repeal of the death penal­ty with­out turn­ing in their conservative credentials.

(Editorial, Conservatives and death penal­ty,” Lincoln Journal Star, April 22, 2013). See New Voices. Read more Editorials.

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