Moratorium well executed

On April 1 Virginia Governor Timothy M. Kaine (D) halted all executions in the state to await the Supreme Court decision of Baze v. Rees. Kaine did so to discern whether or not lethal injections fall under cruel and unusual punishment, which citizens are protected from under the Eighth Amendment in the Bill of Rights (and no this was not an April Fool’s Day prank).

Controversy began brewing when Kaine, a devout Catholic, was first elected because his religious beliefs conflicted with Virginia laws. Though he disagreed with it, the governor pledged that he would uphold the death penalty and he would not allow his personal ideals to interfere with his role in government. Critics of Kaine’s ability to separate his personal life from his role as governor now believe that Kaine’s unnecessary declaration of a moratorium reflects his views and contradicts his pledge to his constituents.

The moratorium has postponed the execution of Edward Bell until the end of July, who is on death row for murdering a police officer in 1999. The stay also affects several others, including inmates and the families of those who are on death row. 

Critics of Kaine’s actions have argued that Kaine should have suspended all executions for the rest of 2008 to allow time to interpret the Supreme Court’s decision. Others have said that his moratorium may unintentionally delay justice and closure and cost the courts more time and money.   

Many liberal Virginians would like to see the death penalty repealed and Governor Kaine, despite his pledge, may be the one to help their views come to fruition. As honorable as the thought of repealing the death penalty is, Virginia is second only to Texas in executions, and doing away with capital punishment does not seem likely in our beloved, southern state. 

Kaine’s successful attempt to make headlines has depicted him, to the gullible mainstream, as a strong Democrat with distinct leadership qualities that can lead a nation, or better yet co-lead a nation. It could be that Kaine shook the beehive to attract national attention.

The Supreme Court case of Baze v. Rees was brought about by two inmates who are currently on death row in Kentucky. The inmates claim that the series of injections administered while terminating a life could be considered cruel and unusual punishment because the effects that the injections have on the human body (i.e. paralyzing an inmate, but not numbing them, forcing the inmate to experience cardiac arrest). Past rulings of Supreme Court cases have established that inmates who are to be executed must not be subjected to any unnecessary pain. If the “cocktail” that is administered to inmates on death row is found to be ineffective or faulty, it would qualify as cruel and unusual punishment.

Since, in many states, executions are still legal and because the cocktails administered are very similar, Baze v. Rees will have national repercussions. The Supreme Court has not allowed any executions to be carried out since the beginning of Baze v. Rees.
Kaine’s stay of all executions has now built the foundation for Virginia to move away from being the number two in executions and become a more progressive state. Executions cost the state incredible amounts of time and taxpayers money. To do away with executions is to do away with a barbaric tradition that has continued on in the U.S. for too long. What is even more reprehensible than the act of taking a life is the amount of money that a state wastes on taking a life.

It has been proven that the death penalty is not an effective deterrent of crime. No longer can criminals be “made examples of” by being put to death.

Hidden agenda or not, Governor Kaine’s moratorium is a step in the right direction for Virginia, which will hopefully be taken to the next level by the next governor. 


Mohamad.Elbarasse@thea-blast.org