Life or Death

Like many other trial watchers, I've been glued to HLN the last few weeks as the Jodi Arias trial was coming to an end. I was relieved and thrilled when the jury handed down a guilty verdict of murder in the first degree. Shortly after that, they found that extreme cruelty existed, making her eligible for the death penalty. The circumstances of the murder made that verdict a very easy one to reach. Then came the penalty phase...

After last minute, desperate motions and antics by Jodi's attorneys, the penalty phase went forward. Travis' sister and brother gave heart wrenching victim impact statements. Jodi, on the other hand, had no witnesses testify on her behalf (some say this is a strategy for her appeal), but she did give an allocation statement. While she talked about all the things she could do if she lived and accepted responsibility for her actions (in a roundabout way), she showed no remorse and it was all about her. Then the jury got the case and late in the day on Thursday, the shocking news that they couldn't reach a unanimous verdict was announced. The Alexander family was understandably devastated. Not only did they not get the death penalty (yet) for their brother's murderer, but in Arizona, it means the penalty phase must be tried again, so this horrible chapter in their lives is not over.

In most other jurisdictions, like California, if the jury is hung on the death penalty issue, the sentence defaults to life without possibility of parole. Unfortunately, this phase has to be tried again in Arizona unless the DA and the defendant agree to a plea for life (likely without parole). My heart goes out to the Alexander family as they have to suffer through this night mare for at least a few more months. This brings me to my own, personal opinions on the death penalty.
My whole life, I had been 100% in favor of the death penalty and always believed that if I was on a jury, I could easily sentence someone to death. I used to argue that id rather kill murderers than innocent babies (coupling the death penalty issue wi abortion). In 2004, while clerking at the Orange County DA's office, I had the opportunity to watch a death penalty case. Leslie Abramson represented the defendant. There was no question that the defendant was guilty, and the jury reached a quick verdict...guilty of murder in the first degree. Then came the penalty phase...

The victims' families gave heart wrenching victim impact statements. There was not a dry eye in the courtroom. Then, the defendant's mother and sister got on the stand. His mother was a tiny little Vietnamese woman. She cried and cried and begged for her son's life. There was not a dry eye in the courtroom. The jury hung and he received the default sentence of life without parole. As I watched the defendant's mother and sister on the stand and looked at the jury, I realized, at that very moment, that I don't know if I could sentence another human being to death. It's one thing to say it, but until you're in that room, feeling that emotion and faced with the realization that your decision would lead to the death of another human being, it's hard to know what you would do.

At first, I was very upset with the hold out members of the Jodi Arias jury. I thought they should have known they couldn't sentence someone to dealt, but the truth is...maybe they were like I once was. Maybe they thought they could until they got in that room, felt the emotion and were faced wight the realization that their collective decision would lead to the death of another human being. True, Jodi's allocution wasn't remorseful and her parents and siblings didn't get on the stand and beg for her life, but undoubtedly some jurors must have felt their pain and couldn't bring themselves to do it.

Don't get me wrong...the pain of the Alexander family is far greater and Travis never had an opportunity to plea for his life. I believe Jodi Arias is a monster and deserves to die for what she did, but I don't know if I could be the executioner. I try to imagine if the defendant was someone who tortured and killed innocent animals and children. I might have an easier time, but it doesn't change the fact that one's decision to sentence another person to death means, in a sense, that person becomes a killer. I don't ever want to be a killer, therefore I will never serve on a death penalty jury.

Whatever happens, I hope the madness of this case comes to an end soon, so the Alexander family can have some closure and find some kind of peace. I've never been in their position and hope I never am. The families of murder victims have the right to want the murderer dead and I will never question that. They're the ones dealing with a horrific loss. Whatever the outcome...life or death...it won't bring Travis or other victims back...and that is what is so sad about these circumstances. They still have to pick up the pieces and put their lives back together. Justice only helps with a part of that process.

While many people feel that getting life (instead of death) is getting off easy, I couldn't disagree more. Yes, prisoners get used to their lives, but imagine knowing that will be your life until the day you die, which will be 40-50 years from now. Imagine spending the last half century of your life missing out on the simple pleasures of life...no more days at the beach, no more dinners at your favorite restaurant, no more movies at state of the art theaters, no more sporting events, no more 50" flat screen televisions, no more iPads, no more pillow-top king size beds, no more 800 thread count sheets, no more vacations to Disneyworld, Hawaii or Europe, no more playing in the snow, no more swimming in a pool, no more showers everyday, no more privacy, no more safety, no more freedom. It's no picnic, but it is well deserved for people who kill.

Thanks for listening,
The Urban Republican

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