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B'Aqu-anir · 08-11-05

Quote:

Originally Posted by masochist

What about "accidental" deaths? You are driving, you fall asleep at the wheel and you hit someone, they die, you go to jail. Can't we do something about this situation that's more positive? Instead of ruining someone's life for a mistake? I think community service to promote awareness of the crime to others or somehow fix the wrong.

Funny you should mention "accidental" death by motor vehicle. That brings up an example of the opposite end of the spectrum when it comes to punishment for homicide. On August 16, 2003 the former Governor and then Representative to Congress from the State of South Dakota, Bill Janklow, “accidentally” ran a stop sign going 71 in a 55 in front of Randy Scott. Scott was unable to avoid slamming his motorcycle into the side of Janklow's caddy, and died in the resulting collision. Janklow got 100 days and three years probation for 2nd degree manslaughter.

Janklow had a reputation for ignoring traffic laws and had racked up a dozen speeding tickets between 1990 and 1994. In fact he had openly admitted speeding on a regular basis, saying he continued to speed because the cost of violating the law was so low. "But if someone told me I was going to jail for two days for speeding, my driving habits would change," then-Gov. Janklow said in a State of the State speech in 1999. "I can pay the ticket, but I don't want to go to jail."

This obviously arrogant scofflaw essentially got off with a slap on the wrist for a crime that by law could have gotten him 10 years in prison and a $10K fine. This is where the application of the law is fowled up, and in part, why applying the death penalty is so complicated. If you have money, influence, or connections you can weasel your way out of most anything. I seriously doubt Janklow is reformed as a result of his punishment. He certainly doesn’t seem to be remorseful, since he continues to fight the conviction in court, trying as hard as he can to get the conviction reversed. In my mind the question isn’t if the death penalty is applicable in some specific instances, but more to the point, how do you apply the law in a consistently fair and equitable fashion.