It’s difficult to verify whether an execution is botched, since there is no opportunity to interview the victim after the fact, but it’s beginning to look like something went seriously wrong with the execution of a man on death row in Ohio.
Because the state was low on the conventional lethal injection cocktail, the executioner injected Dennis McGuire with a combination of chemicals that the state hoped would be approximately equivalent. But Mr. McGuire’s death took longer than usual and his struggling and choking suggested that the new combination was painful and might have constituted cruel and unusual punishment. As reported in The New York Times, Mr. McGuire’s daughter witnessed her father’s stomach spasm, and his hands contort into fists, “He started making all these horrible, horrible noises, and at that point, that’s when I covered my eyes and my ears.”
There’s no mystery as to why Ohio found itself running low on the traditional three-drug lethal injections. Many of the components of the cocktail are manufactured outside the United States and several international companies have refused to allow their drugs to be shipped to the United States if they will be used to end a life. As a result, the US has been experimenting, most recently in Mr. McGuire’s case, but also by using drug combinations approved to euthanize animals, but not intended for humans.
The real mystery is why Ohio, faced with a shortage of drugs, found it so urgent to put Mr. McGuire to death that they turned to an experimental, poorly-tested combination of drugs. Pharmaceutical companies will make “compassionate use” exemptions to allow patients dying of cancer to take a chance on a drug that might save their lives when all other hope is gone; but why would Ohio find killing on schedule as desperate a need as saving a life?
Both the death penalty and life imprisonment without parole remove a prisoner from ordinary life, and neutralize the threat he or she could pose to fellow citizens. Death is reserved for the gravest crimes, but it is not applied in the spirit of Hammurabi; we do not torture prisoners or try to balance the scales of suffering.
The current lethal injection protocols were inspired by the euthanasia of pets and could be interpreted in the same spirit. Here are the people who couldn’t be saved—who like Old Yeller had somehow become rabidly dangerous—and who we needed to let go, since a cure was out of our reach. But that peaceful image is contradicted by the medical reality of the effects of the injection.
The normal drug cocktail is intended more for the comfort of the spectators than the victim. One of the component drugs, Pancuronium bromide, is a muscle relaxant. It is meant to hasten death by paralyzing the respiratory muscles, making it impossible to breath. However, the paralysis is not limited to the chest, so the muscle relaxant masks any signs of agony that might alert the observers, as in Mr. McGuire’s case, that something is amiss.
The guillotine looks monstrous and savage, and leaves spectators bespeckled by blood, but is believed to be more merciful to the victim and is even favored by the inventor of the three-drug legal injection. Mr. McGuire’s uncomfortable death exposes the illusion that we can usher criminals out of this world simply and peacefully. If we design our execution protocols to obscure the reality of the death we are inflicting, we must ask whether we can honestly endorse a sentence we can’t stand to see unveiled.
America has 5 percent of the world’s population but one-fourth of its prisoners. Nearly one-third of Americans are under correctional facilities’ control at a yearly cost of $60 billion. Imprisonment has grown 400 percent over the past twenty years, the great majority for non-violent crimes. And two-thirds of criminals are back in jail for similar crimes three years after they are released. Our current correctional policy is a national shame and it simply does not work.
Both Edwin Meese and Eric Holder, the attorneys general for presidents as different as Ronald Reagan and Barack Obama, have criticized this status quo. So have uber-liberal E.J. Dionne Jr. and New Right founder Richard Viguerie. The American Civil Liberties Union and Right on Crime agree. Holder’s plea to limit sentencing for non-violent offenders can be questioned coming from one who is otherwise criminalizing new civil procedures and is blunt that his motivation comes primarily from the “shameful” fact that black male perpetrators receive longer sentences than whites. Likewise, while calling for bipartisan agreement, Dionne also emphasized the need for gun control and ending “stop and frisk” laws, a sure means to derail agreement. Caution is called for but the fact that both left and right have expressed doubts is significant.
Even Dionne concedes the crisis began in the 1960s when an “anything goes” leftist counterculture romanticized illegal behavior as glorious acts of self-fulfillment and independence, all beamed to the public by a sympathetic media and popular culture. A liberal Supreme Court responded with decisions expanding criminal rights, limiting confinement and the death penalty, and restricting police response. Crime exploded with murder and willful manslaughter doubling from 5.1 per 100,000 population in 1960 to 10.2 by 1980. The people responded by demanding a narrowing of rights and tougher penalties. The politicians complied.
The right became identified with “tough on crime” even though the leading voice of this frustration was President Richard Nixon who was anything but conservative in most of what he did, overseeing large increases in welfare spending, environmental regulation, racial preferences, and even wage and price controls. More principled conservatives supported Nixon’s program out of outrage that the Supreme Court had acted so arbitrarily by overriding Congress, the Executive, and the states without the least consideration of public opinion. As the right gained politically for supporting tougher policing and punishment, the more pragmatic left led by then Senator Joe Biden claimed equal toughness on crime by applying the death penalty and longer sentencing to many less violent matters. Tough-on-crime turned bipartisan.
Conservatives began having second thoughts as laws exploded to criminalize vast new areas of social life. Today there are 4,000 federal laws elaborated by 300,000 national regulations with thousands more at the state and local levels. Even lawyers do not know the law outside their own narrow field. Most of the additions were for nonviolent offenses, now representing 90 percent of federal prisoners. Violent crimes such as murder, assault, robbery, rape, and battery are widely acknowledged as the most serious, with the guilty being rightly placed where they cannot hurt society again. But imprisonment for non-violent crime is another matter—especially considering that a 2009 Associated Press study found that 60,000 inmates were sexually assaulted that year. Read More…
Kevin Bales, co-founder of Free the Slaves and well-known human trafficking expert, first estimated there to be 27 million slaves worldwide. This was an approximation offered in his 1999 book Disposable People. Since then, the topic of human trafficking has garnered international attention—yet for the past 14 years, the estimated number of slaves worldwide rested at Bales’ original approximation. But now, with a team of researchers at the Walk Free Foundation, Bales has introduced a new number: 29.8 million. The new “Global Slavery Index 2013” seeks to measure international slavery and human trafficking, and to provide informational tools for institutions fighting the problem.
Two potential weaknesses of such a report lie in its definition (how broad or specific it is, how easy to measure) and its methodology: how does one measure the global population of slaves worldwide, when slavery is an illegal and clandestine activity? The report’s authors explain their methodology, which focused primarily on secondary collection (via both governmental and non-governmental reports) and representative random sample surveys. Nick Grono, CEO of the Walk Free Foundation, told The Guardian, “Measuring a hidden crime is very challenging, but there are efforts to measure domestic abuse and drug trafficking. A lot of it boils down to taking the best data on reported issues and then looking at the scale of the unreported or ‘dark’ problems.”
The index’s definition of slavery and human trafficking has received some skepticism. Bridget Anderson, Deputy Director of the Centre on Migration, Policy, and Society at Oxford, told The Guardian this report gathers “unjust situations” around the world and labels them as “slavery.” “You have a definitional problem, everything depends on the definition and if you use tricky words like ‘forced’, you are already straying into difficult territory,” she said. Here is an excerpt from the report’s definition section:
In 2013, modern slavery takes many forms, and is known by many names. Whether it is called human trafficking, forced labour, slavery or slavery-like practices (a category that includes debt bondage, forced or servile marriage, sale or exploitation of children including in armed conflict) victims of modern slavery have their freedom denied, and are used and controlled and exploited by another person for profit, sex, or the thrill of domination … The chains of modern slavery are not always physical – sometimes escalating debts, intimidation, deception, isolation, fear or even a ‘marriage’ that is forced on a young woman or girl without her consent can be used to hold a person against their will without the need for locks or chains.
One can see Anderson’s point. Not only does this definition include a plethora of hidden, illegal criminality—it also includes criminality across a broad variety of platforms: the trafficking of persons across borders, private commercial labor, sex slavery, child soldier kidnappings, and forced marriages. Also, from reading Bales’ books and a variety of other books on the subject, I have learned “coercive labor” situations often do involve pay. But they involve pay in ridiculously minuscule amounts, offset by mountains of employer-determined debt. Thus, the “bondage” described is of a tricky and hidden nature.
The report’s definition is not necessarily wrong. It is good to have some broad (albeit sketchy) statistics on the issue. But Grono himself admitted “the data is not that strong; we want to be open about this. If a government says they don’t agree [with the data], we will say great, let’s work with a national statistics office to do a study across the country to try and analyse the scale of the problem.”
While child and forced marriage are awful human rights abuses, should they be included in the Global Slavery Index? Perhaps so—but consider, we now have a conglomeration of commercial, domestic, and sexual exploitation in the same dataset. How does one begin to parse a number so large? The index’s inclusion of basic law information for the top 10 worst countries in the index could be helpful—if one fights trafficking in Mauritania, Haiti, Pakistan or India. But this is a limited contribution.
This is not meant to be harsh—the report’s authors are working for a noble cause. But one hopes they can improve the index with time. Perhaps a next step would be to specify data according to definitional groupings. What if one was to apportion the numbers for each nation according to commercial, domestic, and sexual slavery (perhaps another category for child soldiers, as well)? It would require more work, of course, but this division would allow for more practical data offerings. 29.8 million is a horrid and shocking number. But it is also, unfortunately, a rather useless one at this point.
From the New York Times report on President Obama’s speech at the memorial service for the 12 victims of last week’s mass shooting at Washington’s Navy Yard:
The question is not, he said, “whether as Americans we care in moments of tragedy. Clearly we care. Our hearts are broken again. The question is do we care enough?”
“It ought to be a shock to all of us, as a nation and a people,” he said. “It ought to obsess us. It ought to lead to some sort of transformation.”
I’ll admit it: after absorbing the facts about Aaron Alexis—he passed two background checks and legally purchased a gun; his job as a military contractor had furnished him with secret-level clearance to enter the Southeast D.C. installation—I did feel something like a sense of resignation: While the red flags look obvious in hindsight, this one would’ve been hard to prevent.
Yet this is not to say that I, or anyone else who reacted as I did to this terrible tragedy, am “resigned” to gun violence in general. It strikes me as curious that President Obama would lament a lack of hysteria over violent crime. (And despite the shocking nature and national trauma of mass shootings, they are a subspecies of violent crime.) This is a man whose party suffered nationally for years due to law-and-order Republican politicking. Concern over violent crime, the stoking of fear of violent crime, used to be a big winner for the GOP—that is, until crime rates did this crazy thing throughout the ’90s and steadily declined.
In fact, they’re still declining—despite the economic downturn of recent years. Gun violence, in particular, is down sharply since 1993. Indeed, the Washington Post reports: “Before last Monday’s mass killing at the Washington Navy Yard, the District’s homicide count was about on pace with 2012, a year that ended with 88 slayings, the fewest in a half-century.”
Could more have been done, institutionally, to prevent the Navy Yard massacre? Absolutely. I’m open to establishing a universal federal background check in the fashion described here. But it would be an odd thing indeed if Americans were in a panic over a threat that is, empirically speaking, gradually subsiding.
That’s not “creeping resignation.”
Trayvon Martin was an unarmed teenager walking home from a convenience store with Skittles and iced tea, when he was shot to death by a racist, profiling wannabe cop named George Zimmerman.
In the Big Media, which has relentlessly sought out the voices of those most incensed by the verdict in Sanford, Fla., that is how the Saga of Trayvon Martin is being told. And from listening to TV reports of the rage across black America, that is what is widely believed there.
But is that what happened? Well, not exactly.
Trayvon Martin was not shot while walking home.
He was shot after sucker-punching George Zimmerman, breaking his nose, knocking him down, jumping on top of him, beating him martial arts style and banging his head on a concrete walk, while Zimmerman screamed again and again, “Help me, help me.”
This is what George Zimmerman said happened.
It is what the sole eyewitness to the fight, John Good, says happened. It is what Sanford police believed.
It is what the defense proved beyond a reasonable doubt. It is what that jury of six women came to believe.
Why, then, do so many in the black community believe Trayvon was profiled and murdered, when even most of the analysts on the cable news shows were saying in the last days of the trial that the prosecution had failed completely to make its case?
Answer: Many had convicted George Zimmerman in their hearts before the trial began. Here, as this writer noted a year ago, are some of the voices that had declared Zimmerman guilty of murder before a witness had been called.
“Blacks are under attack,” railed Jesse Jackson. “Killing us is big business.” Trayvon was “shot down in cold blood by a vigilante … murdered and martyred.”
“A hate crime,” said Rep. Maxine Waters, D-Calif. Rep. Hank Johnson, D-Ga., said Trayvon had been “executed.”
The Grio compared his killing to the lynching of Emmett Till in Mississippi in 1955. The New Black Panther Party put Zimmerman’s face on a “Wanted Dead or Alive” poster, called for 5,000 black men to run him down and said Trayvon had been “murdered in cold blood.”
Spike Lee twittered Zimmerman’s home address.
And President Obama? Did he calm the waters? Hardly. He signaled whose side he was on. “If I had a son, he’d look like Trayvon,” he said.
Not only did they all inflame the black community into believing a racist atrocity had occurred, others still do so, even after the weeks of testimony that raised far more than a reasonable doubt.
Richard Viguerie had an outstanding op-ed yesterday in the New York Times on the conservative case for prison reform.
Conservatives known for being tough on crime should now be equally tough on failed, too-expensive criminal programs. They should demand more cost-effective approaches that enhance public safety and the well-being of all Americans. …
In the past several years, there has been a dramatic shift on crime and punishment policy across the country. It really started in Texas in 2007. The state said no to building eight more prisons and began to shift nonviolent offenders from state prison into alternatives, by strengthening probation and parole supervision and treatment. Texas was able to avert nearly $2 billion in projected corrections spending increases, and its crime rate is declining. At the same time, the state’s parole failures have dropped by 39 percent. …
By confronting this issue head on, conservatives are showing that our principles lead to practical solutions that make government less costly and more effective. We need to do more of that.
Viguerie is exactly right here, and he offers a template for talking about policy that all conservatives, not just the fledgling reform movement, can agree on. “Compassion” doesn’t have to mean spending more money; it can mean saving money (which, to be sure, often means the elimination of waste-driven jobs). Getting government “out of the way” is not the end of the conversation; local governments and communities may have to remain “in the way.” Liberals don’t—or shouldn’t—have a monopoly on ideas that materially improve people’s lives.
And here’s the kicker: It’s okay for politicians to promise to improve people’s lives—especially the unfortunate and disadvantaged.
Here’s hoping more conservatives will follow Viguerie’s lead and begin to apply this template to issues like healthcare and tax reform.
Yesterday’s Post carried this story on Senator Rand Paul’s attempts to reach out to the evangelical community, and carried this choice, heretical-by-libertarian-standards, quote:
In an interview a day before his Iowa trip, Paul, 50, also tried to make clear just what kind of politician he is. “To some, ‘libertarian’ scares people,” he said. “Some of them come up to me and they say, ‘I kind of like you, but I don’t like legalizing heroin.’ And I say, ‘Well, that’s not my position.’ ”
Paul said he believes in freedom and wants a “virtuous society” where people practice “self-restraint.” Yet he believes in laws and limits as well. Instead of advocating for legalized drugs, for example, he pushes for reduced penalties for many drug offenses.
“I’m not advocating everyone go out and run around with no clothes on and smoke pot,” he said. “I’m not a libertarian. I’m a libertarian Republican. I’m a constitutional conservative.”
The evangelicals, at least according to the story, seem to be buying it:
[Pastor Brad] Sherman got that chance Friday when he joined other clergy members at the Cedar Rapids lunch to pose pointed questions to Paul. He said he came away liking what he heard. “He made it very clear that he does not support legalization of drugs like marijuana and that he supports traditional marriage,” Sherman said.
Not so much the libertarians, if Reason’s take (“I can’t help but wonder how Paul would be different from any other Republican president”) and my Facebook feed are any indication. Just like the flap over his position on drones, the outrage seems to be over a less elegant statement of the same position he’s held the whole time. Fair is fair, of course, and it’s entirely reasonable to take a politician at his word, but I have two thoughts.
First, many of the people now denouncing Paul for not wanting to end the drug war also share a sense that he’s concealing his radicalism. Second, assuming Rand Paul were to run in 2016, it’s highly likely that he’ll come out in favor of marijuana legalization, which a majority of voters now support—my guess would be by endorsing state-level initiatives rather than saying he’ll reschedule it at the federal level—but that probably won’t happen until he gets the nomination.
Comments made in the context of buttering up religious-right leaders shouldn’t be overinterpreted, especially given the American Family Association’s signal that they wouldn’t fight Paul on the marijuana issue. And there’s reason to doubt the assumption that the social conservative position is to favor an endless, wasteful drug war that is anything but Christian. Among religious leaders there’s more consensus about its failure than ever before, but radicalism isn’t going to get them to warm up to reform.
It’s also worth mentioning Rand’s carte blanche states’ rights position isn’t very different from his father’s, who, in the GOP presidential debate, didn’t actually say he’d legalize heroin, but that he’d leave it to the states. Despite some sloppy AP reporting to the contrary, the younger Paul believes basically the same thing; it works as rhetorical cover. I guess I part with a lot of libertarians in thinking it’s wise for him to be using it for the time being.
None of the games on were interesting, so I was flipping through the channels. Suddenly, at the top of the hour, appeared the new Ken Burns documentary, “The Central Park Five.” I had heard of it, seen a trailer perhaps, hadn’t wanted to see it. It’s the story of the imprisonment on false charges of five teenagers, four black and one Hispanic, for an horrendous rape and assault which took place in New York City 24 years ago.
Anyone in New York then would remember the crime. It was the most shocking crime of a decade full of them: a young woman, talented and working on Wall Street, was jogging in the park, near the reservoir, around 11 PM—not unusual in the city that never sleeps. She was brutally raped and assaulted, her head pounded and brain damaged—left for dead. She made a partial recovery, but never again functioned at her previous level.
At the time I was about four months into a job at the New York Post editorial page—a job I had taken as a kind of mission, to do everything in my power to help prevent the city from sliding into something like Newark or Detroit. That then seemed a real possibility. Despite a financial recovery during the ’80s, crime was rampant. The murder rate rose every year, as did all the lesser crimes: shootings, stabbings, muggings. The police seemed overwhelmed. They and the city’s political class, led by Mayor Ed Koch, were under constant rhetorical assault for their alleged racism—which the media (except for the undeceived and uncowed Post editorial page) considered as if it might be fact. A few years prior, Al Sharpton and two black radical attorneys had held much of the metropolitan region hostage by gumming up the legal system, a campaign culminating in their touting of a false rape charge made by a young black girl, Tawana Brawley. If you read carefully the accounts of these case in the Times, you could probably figure out that the racism charges they broadcasted were substantially groundless, but the general atmosphere pointed in one direction—racist cops, a racist mayor. Meanwhile if you were trying to go about your lawful day-to-day business on the streets or in the subway, you often felt under a genuine sense of menace from groups of young black males. You and pretty much every other person you knew had been mugged at knifepoint, or had apartment or car broken into. It was a constant. No one, it seemed, could do anything about it. The basic reality seemed to pervade every aspect of life in the city, and certainly (no matter how much one wished otherwise) influenced the way one looked at black people.
Ed Koch, a friend of the Post (and later a friend of mine) was running for a fourth term, and being challenged by David Dinkins—who seemed at one moment sensible and moderate, at another, a front man for the very black radicals seeking to undermine the moral basis of the criminal justice system.
Months before the critical Democratic primary, the woman in Central Park was raped. The sheer horror of the crime was eased slightly by the rapid arrest of suspects. Boy, the NYPD was good. There had been, on that warm spring evening, a night of wilding: some 30 youths had descended on the park from Harlem, committing mayhem on the late night reservoir joggers. Some were robbed and beaten, but except for “the jogger” they escaped serious harm.
What few people in the city knew was that the case against the Central Park Five was contrived. The cops got the kids, five of the perhaps eight they had picked up that evening. But they knew they had, in addition to the other robbery and mayhem victims, a woman hovering near death. They needed suspects, confessions. The city needed closure. Read More…
A local NBC affiliate reported last night:
A case of “possible human trafficking” at a Saudi diplomatic compound in Virginia is under investigation, Homeland Security confirmed to News4.
Agents from U.S. Immigrations and Customs Enforcement/Homeland Security Investigations and Fairfax County police were called to a home in the 6000 block of Orris Street in McLean overnight and, in the words of a source familiar with the investigation, “rescued” two women. One woman reportedly tried to flee by squeezing through a gap in the front gate as it was closing.
It’s not clear yet who called the police to the home, and though the property is listed as belonging to the Kingdom of Saudi Arabia, a spokesperson told BuzzFeed that it belonged to the armed forces. The diplomat living there does have immunity. CBS is reporting that the two Filipino women were brought here legally, but told investigators that they have never been allowed to leave.
The neighborhood is in the relatively isolated part of McLean north of Chain Bridge by the river, filled mostly with large, gated homes, many owned by various diplomatic delegations. It’s about a mile from the CIA headquarters.
On the same day HHS secretary Kathleen Sebelius, Martin O’Malley, and Bob McDonnell were speaking at a conference about, guess what, human trafficking.
Raw Story adds:
Saudi Arabian has face criticism for failing to adequately fighting human trafficking. The U.S. State Department’s 2012 Trafficking in Persons Report stated, “Saudi Arabia is a destination country for men and women subjected to forced labor and to a lesser extent, forced prostitution.” The report also claimed the country “does not fully comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so.”
This has happened before. In fact, Courthouse News reported this morning on a similar case involving an employee at the Qatari embassy and a Filipina worker, being heard in a federal court:
A Qatari couple trafficked a Filipina woman to the United States, abused and enslaved her and forced her to work around the clock, the woman claims in court.
Christy Butigan sued Salwa Awad Saeed and Salah Al-Malki, a medical attaché for the Qatari Embassy in Washington, in Federal Court. She accused them of human trafficking, forced labor, involuntary servitude, conspiracy, fraud, assault and labor law violations: 16 counts in all. … Filipinos are frequent targets of forced-labor scams. Foreign diplomats in the United States are frequently defendants.
An incredible manhunt is underway. Police have surrounded a 20-block area in
Watertown, as the entire city of Boston remains shut down. One suspect is now dead, while the other is the subject of an unprecedented search effort. From the bombs going off on Monday to the current pursuit, new tools of public information conveyance merged with the old in a frenzied rush of identification, misidentification, and false certainty.
It’s still early w unconfirmed scanner reports but if Redit was right with the Sunil Tripathi theory, it’s changed the game 4ever
— Luke Russert (@LukeRussert) April 19, 2013
For instance, in the middle of a wild Thursday night, before the Tsarnayev brothers were officially identified, several reports erroneously suggested that one of the suspects was in fact a missing Brown student previously fingered by users on Reddit. Ryan Chittum has more:
And then there were the keyboard crimefighters at Reddit. At one point a police dispatcher, apparently incorrectly, said that the suspects’ names were Sunil Tripathi, a Brown student who disappeared last month, and Mike Mulugeta. Reddit, still smarting from the backlash to their amateur sleuthing, took a very premature victory lap.
Earlier this week Alexis Madrigal warned against the giddy overzealous vigilantism on Reddit: