The Death Penalty: Arbitrary in Application

Texas is about to execute someone for a murder he did not commit and was only peripherally involved with. During every discussion of the death penalty around here, at least one commenter will recount an anecdote of an especially horrible crime committed by someone who was executed, which would be relevant if the states systematically limited the death penalty to very worst crimes, but of course it does no such thing. Foster deserves some jail time, and carries some measure of moral and legal responsibility for the killing he didn’t commit, plan, or intend, but he obviously doesn’t deserve to be executed even if you support the death penalty.

On the other hand, I’m sure getting Fredo Gonzales involved in state death penalty prosecutions will make the system much more fair. In case you had any illusions that reducing the habeas power of federal courts was about “states’ rights…”