Tag Archives: Tsarnaev

Death penalty for Marathon bomber: A reluctant “NO”

By Christopher B. Daly 

[Update, 2.4.14: A new study shows a surge in exonerations.]

I was opposed to the death penalty last April 14, the day before two immigrant brothers allegedly set off two homemade bombs near the finish line of the Boston Marathon, causing death, grievous wounds, maiming,and mayhem. It was a despicable act, and it made me furious (not terrified, by the way).

In the heat of the moment, I wanted to find the perpetrators and punish them. I thought maybe they should be put into stocks on Boston Common and subject to whatever vengeance the public wanted to wreak. I think they would not have lasted long.

The Boston case – in which Attorney General Eric Holder announced on Thursday that federal prosecutors would seek the death penalty – illustrates exactly why we have laws. It strikes me that we make these laws as much for ourselves as we do for the criminals. When we are not furious, we have the chance to deliberate and to make wise laws that we agree to abide by even when all hell is breaking loose.

Before the Marathon Bombing, I thought the death penalty was a bad idea, for several reasons. It has become so rare in the United States — especially in Massachusetts, where the first execution took place in 1630 and the last execution took place in 1947 — that it could be seen as so “unusual” that it is unconstitutional on those grounds alone.

What I find even more compelling is the experience of the Innocence Project at the Cardozo Law School at Yeshiva University and similar efforts carried out by journalists and journalism students. For lots of reasons — racism, inadequate public defenders, bogus confessions, and more — there are a horrifying number of people in America who have been placed on Death Row only to be exonerated before execution. (As of today, the Innocence Project tallies 312 cases of exoneration of prisoners slated to be put to death.) And of course, some innocent people have certainly been wrongfully killed by the state — which is to say, by all of us, through our laws and our taxes.

Ultimately, the problem is this: the death penalty is an irreversible climax to an imperfect system of justice. If we could be absolutely sure that our courts never made a mistake, then the death penalty might be worth considering. But the fact is that we know that our courts (and our cops and our prosecutors) sometime make mistakes. So, it is illogical and immoral to cap off such a system with a penalty that has no remedy.

For these reasons, as someone who was born in Boston and works here I am pleased that the Massachusetts Legislature has repeatedly refused to reinstate the death penalty. The last time the issue came up for a vote, in 2001, the Legislature rejected it by a vote of 94-60. Even in the aftermath of the Marathon Bombing, a large majority of Bostonians said they opposed capital punishment. And I am glad that in a time of peaceful deliberation, the people of Massachusetts were able to listen to the angels of our better nature and put in place restraints on ourselves.

In the Marathon bombing, the would-be terrorists used death as the instrument of their purpose. Let us not sink to their level.

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TV in courtrooms

By Christopher B. Daly

Here’s another reason to put TV cameras in federal courtrooms: There are people who need convincing that the Boston Marathon bombing actually happened. Some folks apparently think the whole thing was a hoax, or a secret mission by U.S. Special Ops, or maybe it was a joint Pope/IMF/Mossad operation? In any case, a televised trial will demonstrate that there is, in fact, plenty of evidence to convict the surviving Tsarnaev brother and that in the U.S., even rotten bastards who don’t deserve it get a fair trial. According to today’s Boston Globe, there are a sizable number of people around the world who think that Dzhokhar Tsarnaev is either innocent or cute, or both. 

Without video, any trial will involve sketch artists trying to capture the likeness of Tsarnaev in chalk. Now, what is the argument for that?

Dhozhkar Tsarnaev in a police photo at his arrest. His forehead is lit up by laser sights on sniper rifles.

Dhozhkar Tsarnaev in a police photo at his arrest. His forehead is lit up by laser sights from several sniper rifles trained on him.

 

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Filed under broadcasting, Journalism, journalism history, Photography

Let cameras into court

By Christopher B. Daly 

As I recently argued, we the people deserve to have cameras in all our courtrooms (except maybe juvenile court) and our legislative bodies.

The latest case in point: the appearance in U.S. District Court in Boston yesterday by Dzhokhar Tsarnaev, the surviving suspect in the Boston Marathon bombing case. Radiating out from downtown Boston, millions of people have a keen interest in this case, and they all have a right to see this defendant. We have a right to hear him say “Not guilty.” We have a right to observe the performance of the government parties — the prosecutors, the judge, the guards, etc. We have the right to watch our government.

Instead, what we get is a chalk sketch like this one:

Suspected terrorist Margaret Small/AP

Suspected terrorist
Margaret Small/AP

We can do better, and we the people deserve better. 

If anybody knows of a good argument for continuing to ban cameras from federal courts, please leave a comment.

 

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Filed under Boston, broadcasting, journalism history, media, Photojournalism, Supreme Court

Terror suspects’ parents

By Christopher B. Daly

Is it just me? Or does something about the body language of the people in this photograph seem wildly inauthentic?

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(Photo: Dmitry Kostyukov for The New York Times)

I ask myself: If my wife and I had to conduct a press conference under similar circumstances (which, granted, is a big stretch), would we carry on like that? What is really up with these folks? This looks like a scene from a “Borat” film. It looks like a parody of two distraught parents. They seem to be saying “Up yours!”

Does anyone else find this odd?

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