Against the death penalty

There is no need to be a legal scholar to understand what a huge injustice it would be if (convicted Filipino rapist) Echegaray and some of the more than 800 others now on death row were to be executed, then the penalty were abolished, as some in congress have said is possible. Pure chance would have ensured some people suffered what is correctly known as the "ultimate penalty", while others escaped it.

Yet that only highlights one of the key arguments against any use of capital punishment. Even a superficial examination of cases in the United States, one of the most fervent international users of the death penalty, shows that race and wealth are the two most important factors in the use of capital punishment. The nature of the crime, any mitigating factors and individual characteristics are of far lesser importance. Under those conditions, the death penalty cannot be "fair" or just.

And even ignoring issues of representation and perception, there is no "sliding scale" in capital punishment; it is either life or death. And the latter penalty cannot be altered should new evidence, even exonerating evidence, later be brought to light. Research has also been unable to find any evidence of the alleged crime-preventive effects of capital punishment.

The Philippines has been consumed by emotion over the suffering of victims, and the public's fear of becoming a victim. While these feelings are entirely understandable, they are not an appropriate ground for key national choices. And reasoned argument in favor of capital punishment has been noticeably thin.

If the Philippine Supreme Court can keep its balance and calm and allow further time for national reflection and debate, justice will be well served.

-- The Bangkok Post