Accidental Justice

8 September 2003


Ninth Circuit Overturns Death Sentences

The Ninth Circuit in the US judiciary covers most of the western states, and it has long been known as the wackiest of the federal circuits. Perhaps the inclusion of California makes it this way, or the fact that the presidents who have appointed federal judges want the nuts as far from Washington as possible. However, the court's decision to overturn more than 100 death sentences because they were handed down by a judge rather than a jury is perfectly sane.

Since the Supreme Court held in 2002 that only juries, not judges, should hand out death sentences, the decision follows precedent. Of course , following a stupid precedent doesn't make good law . This is the right thing to do because juries, as ridiculously as they are chosen, are an attempt to give society's judgement on a case. Just as an oligarchy is preferable to a dictatorship, juries are preferable to judges making decisions.

It is true that juries are not well-versed in the law . Nor are they inherently gifted with insight. They are as average and representative of the society they represent as lawyers can make them, while still benefiting their side of the argument as much as possible.

While the judge in the Summerlin case, which brought about the sentencing reversals, was allegedly on marijuana at the time he condemned the defendant to death, one does know of judges who know the law, are gifted with insight, and are far from average in the best possible ways. However, such people should not bear the moral responsibility of life or death.

For better or for worse, America has a death penalty. In those cases where death is chosen as a punishment, there is a moral reponsibility that arises from making that choice. If the penal killing is to be done in the name of society, then a body representative of that society ought to make the decision. It is only right that a defendant be condemned to die by those most like the whole group rather than one who is an elite within that society.

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