In a recent op-ed in the Richmond Times-Dispatch, two lead­ing con­ser­v­a­tives declared that the death penal­ty in the United States is no longer a nec­es­sary form of pun­ish­ment.” Richard A. Viguerie (pic­tured) and Brent Bozell urged their fel­low con­ser­v­a­tives to con­sid­er that the death penal­ty is an expen­sive gov­ern­ment pro­gram with the pow­er to kill peo­ple.” Conservatives,” they wrote, don’t trust the gov­ern­ment is always capa­ble, com­pe­tent, or fair with far lighter tasks.” They par­tic­u­lar­ly not­ed that they had called for clemen­cy for Teresa Lewis, a woman with low IQ who was recent­ly exe­cut­ed in Virginia. Viguerie and Bozell based their con­clu­sions on both reli­gious grounds and the writ­ings of John Locke. Regarding the need to pro­tect soci­ety, they wrote, We now… have max­i­mum secu­ri­ty pris­ons that were inca­pable of being built in Locke’s time. Society may pro­tect itself with­out putting a human to death as it would a wild ani­mal. Since we believe each per­son has a soul, and is capa­ble of achiev­ing sal­va­tion, life in prison is now an alter­na­tive to the death penal­ty.” They con­clud­ed with the cau­tion that, When it comes to life and death, mis­takes are made.” Read full op-ed below.

Viguerie and Bozell: Support Is Waning for Death Penalty
Published: October 052010

WASHINGTON — We life­long con­ser­v­a­tives and Tea Party sup­port­ers recent­ly urged the death sen­tence for Teresa Lewis in Virginia be com­mut­ed to life in prison with­out parole instead.

We are among a grow­ing num­ber of con­ser­v­a­tives who have ques­tions and reser­va­tions about the death penal­ty, believe it is no longer a nec­es­sary form of pun­ish­ment based on either Lockean or bib­li­cal prin­ci­ples, or oppose it outright.

Around the coun­try death sen­tences are drop­ping, and sup­port for the death penal­ty is wan­ing. This trend is not lim­it­ed to bleed­ing-heart lib­er­als and criminal coddlers.

We urge our fel­low con­ser­v­a­tives to at least con­sid­er some issues when con­tem­plat­ing the death penalty.

The Old Testament required the death penal­ty for cer­tain sins and a litany of offens­es. In John 8 of the New Testament, the Pharisees con­front­ed Jesus about a woman ready to be stoned for adul­tery. Jesus, sens­ing a trap they laid on a con­flict between the Old Testament and Roman law, said: Let him who is with­out sin cast the first stone.

We believe John 8 of the New Testament shows that Jesus did not con­sid­er the death penal­ty manda­to­ry pun­ish­ment for sins, and cer­tain­ly not unless the process com­plied with God’s law. Deuteronomy 17:6 requires more than one wit­ness to convict.

We also believe con­ser­v­a­tive Lockean prin­ci­ples do not com­pel the death penalty.

John Locke’s Second Treatise on Government offers a jus­ti­fi­ca­tion of the State’s tak­ing the life of some­one who is guilty of a heinous crime. Locke, on whose prin­ci­ples con­ser­vatism is built, believed the death penal­ty was a jus­ti­fi­able pun­ish­ment for two rea­sons: pro­tect­ing soci­ety (self-preser­va­tion) and deterrence.

Locke described the social com­pact of soci­ety as much like the notion: Do unto oth­ers as you’d have done to you. Some peo­ple com­mit acts so despi­ca­ble they no longer mer­it the pro­tec­tions of that social com­pact. They may be so dan­ger­ous that they are a threat to us.

Therefore, like we may kill a wild ani­mal that threat­ens us, the death penal­ty was an accept­able form of pun­ish­ment even under Locke’s view of lim­it­ed government power.

We now, how­ev­er, have max­i­mum secu­ri­ty pris­ons that were inca­pable of being built in Locke’s time. Society may pro­tect itself with­out putting a human to death as it would a wild ani­mal. Since we believe each per­son has a soul, and is capa­ble of achiev­ing sal­va­tion, life in prison is now an alter­na­tive to the death penalty.

Under Locke’s oth­er rea­son, deter­rence, pun­ish­ment should be severe enough to dis­cour­age crim­i­nal acts. We cer­tain­ly agree. However, some data show the death penal­ty does not act as deterrence.

In fact, the data seem to indi­cate mur­der and oth­er heinous crimes may be low­er in juris­dic­tions that do not have the death penal­ty. That’s not proof, of course, but we believe death penal­ty pro­po­nents bear the bur­den of proof that the ulti­mate pun­ish­ment is in fact a deterrence.

From our con­ser­v­a­tive per­spec­tive, there are oth­er rea­sons we oppose the death penal­ty. It is an expen­sive gov­ern­ment pro­gram with the pow­er to kill peo­ple. Conservatives don’t trust the gov­ern­ment is always capa­ble, com­pe­tent, or fair with far lighter tasks.

When it comes to life and death, mis­takes are made, or per­haps worse, bad deci­sions are made. States have wrong­ly con­vict­ed peo­ple based on false con­fes­sions and inac­cu­rate eye­wit­ness iden­ti­fi­ca­tion. In some of these cas­es, the real per­pe­tra­tor was iden­ti­fied decades after the crime occurred. Since DNA evi­dence is not avail­able in the major­i­ty of mur­der cas­es, oth­er wrong­ful con­vic­tions based on sim­i­lar types of evi­dence may nev­er come to light.

We know our opin­ion is not held by all con­ser­v­a­tives. Surely, how­ev­er, there are many ques­tions about the death penal­ty’s accu­ra­cy, fair­ness, and finan­cial effi­cien­cy that should be addressed.

We urge those who ascribe to the Old Testament to con­sid­er whether the Virginia death penal­ty sys­tem reflects God’s law. We also ask Christians to con­tem­plate the mean­ing of John 8.

Richard A. Viguerie is chair­man of ConservativeHQ​.com; con­tact him at ravata@​aol.​com. Brent Bozell is founder and pres­i­dent of the Media Research Center, and may be con­tact­ed at bbozell@​mediaresearch.​org.

(R. Viguerie and B. Bozell, Viguerie and Bozell: Support Is Waning for Death Penalty,” Richmond Times-Dispatch, October 5, 2010). See New Voices.

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