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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Sunday, January 15, 2006

Not so fast smarty

Colts Lose: Playoff choke again ... down to the 46 yd field goal miss at the end after a terrible review overturn (soon leading to eight points) and sloppy/unforgivable (except when you win) fumble by the Steelers at the Colts' 2 when it looked like it was all over (with the QB stopping the go ahead TD). No big fan of the Steelers, really, but the Colts ... from all that pre-snap playacting on ... annoy me more. Stressful at the end, but great result.


Update: TMQ over at ESPN probably liked the number of Fourth Downs attempted today though a couple by Pittsburg were risky. Anyway, Chicago had a nice offensive attack, perhaps since Carolina never saw the QB (started one game this year), but the defense was lackluster. Oh, another bad call by the officials, though this time the replay worked (not that it really mattered in the long run). I predict one wild card is going to the Super Bowl.
…death penalty opponents are claiming a "heads we win, tails you lose" moment. Yes, we put a lot of time, energy, and credibility into this guy who ended up being a lying scumbag, but that doesn't prove anything. And logically, you're right -- except that it hurts the battle for public perception, which is the only real battle that matters for death penalty opponents. In that way, the staunch reaffirmances that "this didn't hurt" seem like whistling in the graveyard (if you'll pardon the metaphor).

Truth is, "logically speaking," it wouldn't matter to death penalty proponents if Coleman had been innocent. Sure, we all pay lip service to "better 10 guilty men go free than 1 innocent man be convicted." But we also know it's bullshit, or at least bullshit at the extremes. I absolutely agree it's better to err on the side of letting a doubtful guilty party go free, than convicting a doubtful innocent party. 10 guilty? Now you're pushing it. 100 guilty? 1000 guilty? Now I can't buy it anymore … you have to acknowledge that society and the justice system would break down if we took such extreme care to avoid convicting an innocent.


-- Reply to post discussing claimed innocent apparently proven guilty


This is the sort of thing that often bothers me about my opposite numbers, so to speak ... and I have dealt with this specific person personally as well. They are quite sure of themselves, and should be in a sense since they are intelligent and can forcibly set forth their point of view, while having some sound criticisms as well. But, they are not quite as right as they think they are, and their at times dismissive attitude does not change matters. The true path must be to hit them head on, which sadly I think not enough people do.

A valid point is that many who raise the fear that the death penalty will result in mistakes do not quite realize their argument is not fool proof ... and they deep down know that it at times has a makeweight quality. I personally do not find error as the compelling argument against the death penalty, at least not innocence, partly since (as noted here) this applies only in a small subset of cases. [I do think arbitrary and often erroneous decisions that select some over others to die is a pretty strong argument.] And, yes, everything has some risks, and maybe the risk here is worth it ... all things being equal.

But, death penalty opponents have many arrows in their bow, and even if they did not ... those who are worried about innocence are usually not just full of shit. They truly fear it ... and the fact that there is such a realm of doubt only adds to things. Yes, it looks like here that the person was guilty -- even the author of a book on the case admits it -- but reasonable doubt is just that. Sometimes you are right, sometimes not. And, death makes the risk even higher. As to the value of the penalty, life without parole also has been shown to be valuable (and supported by the public) in most cases.

Finally, the person being responded to here did not shy away from the fact that possible innocence does not clinch the deal. He noted that it goes to show that making darn sure matters too. But, many on the other side at times seem to fear that ... consider the national security warrants, etc. Thus, the value of DNA testing ... which in other cases went the other way. Sure enough, and those in the Innocence Project etc. might not like to admit the fact, sometimes DNA will help the prosecution. And, yes, the original person said he will continue to fight the death penalty, especially when his clients are at stake. So is job ... and since there are other problems with the penalty, he can do it consistently and honestly.

So, ultimately, the complaint is not quite as sound as one might think at first blush. But, the counterattack requires a bit of finesse, one (to be humble) I do not always cleanly handle. Such is the challenge.