Comments

More Food For Thought on the Death Penalty, this time from Justice Pfeifer, And the Prosecution Tries to Remove Him From A Death Penalty Appeal. — 2 Comments

  1. Really interesting post! Considering that judges are elected without a party indication on the ballot, if they are unable to express their views, exactly on what basis do we elect them? Perhaps it is also time to not only reconsider the death penalty, but also the way we conduct judicial elections. As a side note, I’m sad to learn this will be Justice Pfeifer’s last term. His dissents have been one of my favorite parts of law school.

  2. Very similar to the careers of Judge Blackmun and Judge Powell. One of Powell’s greatest regrets he claimed were in the arena of the DP. Good meaning people like Judge Pfeiffer thought others would have acted as he intended when he helped draft the legislation. He did not forsee the truly political use of capital punishment. Europeans experienced it and that is why they overwhelming reject its use despite believing individually in the concept of an “eye for an eye”. We here continue to believe we can trust other human beings to act with only pure motives and seek to do the “right” thing. It is a “lottery”. Unfortunately it is one that is rigged against the poor and those of color, especially if the deceased is white.
    Can you believe the system and laws are unfair but still perform your role as judge and apply them? We shall see.