Actually, it has been temporarily stayed, but no one knows for how long…could be that Mr. Davis will be executed later today, or tomorrow…but it could also go on quite a long time.  After all, last month we passed the 20th anniversary of his conviction.  I admit that until a little while ago, I had never heard of Mr. Davis – but this article over at Hot Air brought it to my attention, especially as it details Reagan FBI Director Sessions’ assertion that Mr. Davis should not be executed.

Reading the article, I have to say I’m quite unimpressed with the exculpatory evidence.  Seems like the usual litany of claims made by someone trying to get off from their crime.  Someone else did the actual dirty deed, witnesses have changed testimony, yadda, yadda, yadda.  Probably 99% of those on death row have similar claims.  Looking a bit further in to the case, I find – in my view – the most crucial evidence being that the ballistics for the murder match the ballistics for a previous armed robbery, for which Mr. Davis was convicted.

There is, of course, that chance that Mr. Davis lent his weapon to someone else who then murdered the cop (off-duty police officer Mark MacPhail), but this is highly unlikely.  What is incontrovertible is that Mr. Davis was doing a lot of things in 1989 (the year of the crime) as he shouldn’t…to put it to you all quite harshly, if by some chance he didn’t actually kill the cop, then he can choke on the irony of it all.  There is no one responsible for Mr. Davis being on death row other than Mr. Davis – he was living a life a crime, and such a life brings with it grave risks.  Had he never run afoul of the law, then he almost certainly would never have been convicted of any crime, let alone one which would result in a death sentence.

What really got me thinking over this case was the way the HotAir article concluded:

…The judge at the evidentiary hearing concluded that, “While Mr. Davis’s new evidence casts some additional, minimal doubt on his conviction, it is largely smoke and mirrors.” That’s an excellent reason to keep him locked up while he tries to prove his innocence, but “additional” doubt — even if it’s minimal — is an equally fine reason not to apply the needle lest you deny him the chance, especially when you have the shadow of someone else’s confession looming over the proceedings. Like Guy Benson says, “There are no do-overs here.” This, in fact, is how I suspect most opponents of capital punishment are made — there’ll always be some who blubber at the thought of the state imposing lethal justice on the Ted Bundys of the world, but the rest move by inches as nagging doubts in cases like this drag them towards abolition. Even if Davis is probably guilty, why not save lethal injection for the guys who are definitely guilty? I’ll never understand that.

Indeed – and that is part of the reason I’m opposed to the death penalty (the other part is that I hope those who commit crimes eventually beg God for forgiveness…I don’t wish to be even in theory part of cutting a man down before he’s had every possible chance to repent).  But the problem is that those who either oppose the death penalty – or who are approaching opposition – go about it entirely the wrong way.  As per usual in these cases, we had the “no justice, no peace” people out in force…curious how they never shout that for the innocent victims of crime; they never seem to demand justice for them and are quite peaceable about the people murdered, raped and robbed by criminals.  Seems that only criminals make such people want justice.  Funny, huh?  Anyways…they’ve got it all wrong.  If you want to end the death penalty, don’t argue in favor of the condemned who are usually pretty bad people, even if you want to argue they didn’t do the actual crime they are to be executed for.  What you want to argue for is justice…that those who commit crimes will pay a high price for it.  Do that, and all demand for the death penalty will evaporate.

Because you want to know what gets peoples goat?  It isn’t that criminals are breathing, but that they are breathing and not having a bad time of it.  Among the routine stories of our times are stories of convicted felons in prison having cable television, exercise rooms, access to booze and drugs and generally lots of time to loaf around and eat food they didn’t earn.  That is what ticks people off…but if we make prison a place of no amenities and hard labor, then it will be judged sufficient punishment for criminals, and the public support for the death penalty will dry up.  Don’t, as it were, try to get Davis off…try to get him transferred to a prison-striped uniform and out in the hot sun breaking rocks, 12 hours a day, 6 days a week.  He’ll be alive, he certainly won’t be executed, he’ll still be able to argue his case in court that he’s innocent…but he won’t be in any condition to make non-criminals figure he isn’t being punished.

The desire for justice is innate in human beings.  Even when we are at our worst, we still tend to desire an equitable outcome. That people will get what’s coming to them.  The death penalty in the United States is just the desperate expedient of people who were sick and tired of mealy-mouthed liberals letting murderers out of jail after 12 years back in the 70’s.  Get rid of the mealy-mouthed liberals, make prison a harsh but just experience, and the people will relent of their desire to execute.  It is as simple as that.

UPDATE:  Mr. Davis was executed at 11:08 pm, Eastern.  I am sorry for it.  May God have mercy on his soul and comfort his friends and family in this hour of trial.  May God also preserve and strengthen the family and friends of officer Mark MacPhail.