Capital punishment is an important tool in the fight against terrorism
by Frazer Rice

There is room in New York for the death penalty. There are many reasons not to have it, but there is one compelling reason to reinstate it – capital punishment is an important tool in the fight against terrorism.

The bombings in London confirm that this country and this state in particular need to have a symphony of measures to deal with terrorism: excellent intelligence on subversives, updated security and screening initiatives to catch terrorists before they can attack, an open dialogue with the cultures and groups that are angry with our culture to understand their grievances, and a rapid response unit and suitable disaster recovery systems to deal with terrorist incidents. New York has developed a good tradition in these areas. Now New York needs to add the death penalty to ensure that the legal system metes out the appropriate quantum of justice for heinous terrorist atrocities. The current system cannot appropriately punish the most evil of terrorists.

As an example, imagine if Osama Bin Laden were arrested in New York, and brought before a state court. He would face a maximum of life in prison for the masterminding of the 9/11 attacks. Would you want to be the person that has to explain to the friends and families of the 3,000 people who were murdered on 9/11 and the soldiers who are currently fighting the global war on terrorism that we have to pay for Osama Bin Laden to live in prison? Do you think it is appropriate that our tax dollars should be used to feed, house, clothe and pay for Osama’s medical treatment? Is this an appropriate message to send to our enemies on our ability to deal with terrorists?

This is not to say that the death penalty alone will defeat the terrorists. The war is to be fought through diligent oversight and common sense protection of our citizens. It is to be fought in the classrooms and places of worship where attitudes, opinions and dogmas are formed. It is the oldest of American traditions that dissent, disagreement and argument are valued in this country. However, wanton terror and violence are abhorred and should not be tolerated. This notion must be supported by a justice system that is able to dispense an appropriate punishment for people who attack this country with the intent to kill and terrorize.

Many say that the death penalty will not act as a deterrent for terrorists. I disagree. It is true that the death penalty is of little consequence to the suicidal. However, not all terrorists, especially masterminds like Osama, are suicidal. They hunger for money, power and notoriety and prey on the weak-minded to carry out their devastating plans. Fanatics must learn that terrorism isn’t a video game – one in which willing pawns can carry out their plans of destruction and fear. Many would-be terrorists and fledgling reactionary groups would be deterred if they know that planned violence and death would lead to the direst of consequences to themselves and their causes. Without a death penalty for heinous terrorist crimes, the message our system sends to the most evil and fanatical of individuals is that New York State is not willing to do what is necessary to help win the war against terrorism.

There are many good reasons not to have the death penalty. The process is expensive and frequently ends in perpetual appeal. Minorities and the indigent tend to be put to death more frequently in other states (this could be more troubling as the rise of terrorism awakens old and new prejudices). Finally, mistakes have been made and innocent people have been put to death. To properly re-implement the death penalty, these concerns would have to be fully addressed.

However, these concerns should not trump the need to deal with terror harshly. We live in a new world. 9/11 taught us that no one is completely safe and that New York can be hit hard. The Islamic fundamentalists attempting to funnel money to Al Qaeda that were apprehended in Albany six months ago show that the internal threats exist in local communities outside of New York City. Westchester has had incidents as well: Mohammed Ali Saleh was convicted for complicity in a 1993 plot to blow up New York City targets including the Lincoln and Holland Tunnels and providing fuel for the bombs from the gas station he managed in Yonkers. Yahya Goba, a 25 year old former Yonkers resident was arrested with five other men in the Buffalo suburb of Lackawanna and charged with providing material support and resources to Al- Qaeda. New York is obviously not immune to terrorism and Westchester should pay particular note with Indian Point and New York City’s water supply within its borders.

We must combat and deal with terrorism on many levels. For extraordinary terrorist crimes, appropriate punishment should be available. Life imprisonment does not reflect the seriousness of the crime: in heinous terrorist crimes, the prosecutor should have the ability to seek the death penalty. People regard New York as a front-line in the war on terror. Future terrorists around the world should know that if they bring the devastation of terrorism to New York, one way or another, it will cost them the most valuable thing they have … their lives.

by Frazer Rice

www.frazerrice.com

8/7/05