When the punishment fits the crime

Writing in the Boston Globe columnist Jeff Jacoby writes "Ultimate evil calls for ultimate penalty."

"ELECTED OFFICIALS don't usually acknowledge wanting to torture people in dark alleys, so it made news recently when Boston Mayor Thomas Menino expressed such a wish during a talk at Emerson College.

"Menino had been speaking about the murder of Richel Nova, a Domino's pizza delivery driver who was brutally stabbed to death after being lured to an abandoned house in Hyde Park on Sept. 2. The suspects charged with Nova's late-night slaughter -- two teens and a 20-year-old -- are accused of lying in wait with knives, stabbing him repeatedly in the chest and throat, and rifling his pockets for money as he lay dying. Then, prosecutors say, the three drove off in Nova's car and ate most of the pizza from its blood-stained box."

"Maybe you guys can tell me," he said to the Emerson students, "what do they think when they do that? Don't they think life is worth anything?"

"A student asked Menino whether the three suspects ought to be tried in a state that, unlike Massachusetts, authorizes the death penalty.

"I'm not in favor of the death penalty," he answered. The death penalty is "a hot-button issue that doesn't solve anything. . . It's unfair. I just don't think the death penalty is the way to go."

Now Menino gets in trouble, he says,

"If I saw these guys in a dark alley, I'd like to have a fight with them," the mayor said. "I'd do some things that would be worse than the death penalty. . . . I would slowly torture them."

Torture, Mr. Mayor? You can imagine what comes next, the stuff hit the fan. Prosecutors, fearing that Menino had tainted any possible jury selection, forced him to retract his statement about torture. According to Jacoby,

“But the mayor took back the wrong words. It is his blanket opposition to the death penalty he ought to rethink, not his healthy and perfectly understandable urge to give Nova's killers a taste of the unspeakable evil they inflicted on their victim. It may not have been very genteel to speculate out loud about making the perpetrators suffer, but Menino was only giving voice to an innate and normal human craving: the desire to see justice done, to see those who prey on the weak or innocent get what they deserve.”

Where and when, in Massachusetts and other states that have outlawed the death penalty, does the punishment fit the crime? And what does that absence of punishment do to the rest of society?

To read what Jacoby has to say, go here.

Torture or Interrogation -- It's not black & white

The New York Times December 18, 2008 editorial, The Torture Report, sent shivers up and down my spine because of the implications that the Times' views, if accepted without comment or disagreement, would have on our security. Thank heaven for The Wall Street Journal.

In its editorial, the Times stated that a "bipartisan" report issued by the

Senate Armed Services Committee has made what amounts to a strong case for bringing criminal charges against former Defense Secretary Donald Rumsfeld; his legal counsel, William J. Haynes; and potentially other top officials, including the former White House counsel Alberto Gonzales and David Addington, Vice President Dick Cheney’s former chief of staff.

These policies have deeply harmed America’s image as a nation of laws and may make it impossible to bring dangerous men to real justice. The report said the interrogation techniques were ineffective, despite the administration’s repeated claims to the contrary.

Hogwash. The Times continues to recognize the existence of a legitimate debate as to what constitutes torture.

Comes today The Wall Street Journal to the rescue with The Real 'Torture' Disgrace.

The release of Carl Levin's report on the Bush Administration's alleged "torture" policies was a formality: The Senator's conclusions were politically predetermined long ago. Still, the credulity and acclaim that has greeted this agitprop is embarrassing, even by Washington standards.

According to the familiar "torture narrative" that Mr. Levin sanctifies, President Bush and senior officials sanctioned detainee abuse, first by refusing to accord al Qaeda members Geneva Convention rights, and second by conspiring to rewrite the legal definition of torture. The new practices were then imposed on military leaders and spread through the chain of command. Therefore, Mr. Bush, former Defense Secretary Donald Rumsfeld and their deputies are morally -- and legally -- responsible for all prisoner abuse since 9/11, not least Abu Ghraib.

Nearly every element of this narrative is dishonest.

Mr. Levin claims that Bush interrogation programs "damaged our ability to collect accurate intelligence that could save lives." The truth is closer to the opposite. The second-guessing of Democrats is likely to lead to a risk-averse mindset at the CIA and elsewhere that compromises the ability of terror fighters to break the next KSM. The political winds always shift, but terrorists are as dangerous as ever.

In 1997 I wrote Israel's Fine Line, it appeared in The New York Times. I argued that the interrogation of captured terrorists requires investigators to act in ways that may not be appropriate in symmetrical warfare. Terrorism by its nature asymmetrical as the victims are civilians and the perpetrators most often hide in civilian clothes and behind civilians.

Although the Times will have us believe the opposite, it's not enough to ask "pretty please" when dealing with these murderers.