After all, notwithstanding the lengthy presentation of evidence against him, this trial was never about the guilt or innocence of Zacarias Moussaoui. Instead, it was always about what the jury would consider a fitting punishment for his crimes. And, since this jury decided on life in prison without the possibility of parole, it behooves advocates of the death penalty to appreciate that, in fact, it might be too cruel and inhumane a punishment for civilized society.
Of course, the debate will rage on and much heat will be emitted from both sides. But the unmistakable light that proceeds from this trial is that the jury decided Moussaoui did not deserve to die, despite finding him guilty of the worst crime in American history, which included the aggravating factor that he:
…gain[ed] knowledge necessary to kill as many Americans as possible and that he knowingly created a grave risk to people other than the Sept. 11 victims.
Naturally, this begs the question:
If not this defendant for these crimes, then which defendant for what crimes would the death penalty be a fitting punishment?
Where I understand the bloodlust of those who wanted to see him executed, I believe justice in this case will be served by having Moussaoui rot in prison and then go straight to hell. It follows, therefore, that no matter the extent of his participation in the 9/11 conspiracy, or how one weighs mitigating factors like his traumatized childhood in determining his punishment, the categorical precedent set by this case is that if Moussaoui does not deserve to die, then Stanley “Tookie” Williams (choose your inmate) should not have been executed, and all inmates currently sitting on death row should have their sentences commuted to life in prison.
In today’s political environment, however, that would be too logical an inference for the federal government to draw. Nonetheless, I’m encouraged by the humane message this sentence sends to potential jurors in other death-penalty cases. Because it – coupled with last year’s Supreme Court decision to abolish the death penalty in cases involving juveniles – takes us that much closer to the complete abolition of the death penalty, which is nothing more than the barbaric and utterly vengeful act we execute in the name of justice….
NOTE: Many political pundits are implying that because Moussaoui shouted “America you lost. I won” as he was being led off to life in prison, that this somehow diminishes the severity of his punishment. However, even though he was diagnosed not legally insane, Moussaoui clearly suffers terminal delusion if winning for him means spending the rest of his life in solitary confinement, with nothing to do except stare at his opaque image on the walls of his prison cell – 23 hours-a-day. And, that this fate does not satisfy some people’s sanguinary notions of justice betrays more about their own irrational state of mind than they seem to realize.
Zacarias Moussaoui, death penalty
Dave Miller says
Amen!!!
ALH, once again you have rendered all of the emotional and politically motivated talk about this trial irrelevant. You are so right that this trial was not about Moussaoui. And, I hope more people get the critical message this jury sent about the death penalty in this country.
Rebecca says
Anthony
I and my family have been strong advocates of the death penalty all our lives but we never thought of ourselves as having bloodlust. We just thought some people deserved to die for their crimes. We certainly thought this monster deserved death. But you are right that this sentence “behooves” us to question this as a form of puinshment.
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Michelle says
Hi Anthony
I’m opposed to the death penalty on moral grounds but this post gives me even more persuasive legal and political reasons to be opposed.
Anonymous says
Great post ALH.
I think it was a mistake to make this guy seem like a big fish anyway.