On successive days last week, a grand jury indicted Donald Trump and a petit jury sentenced Robert Bowers to die. Something about the immediate juxtaposition of these two events had my head spinning. I can’t really explain it, and unlike my other essays, I don’t have a particular claim I want to establish or argument I want to advance in these 1300 words. It’s more an occasion to reflect on how we use the criminal law and what we hope it will accomplish. I hope readers will excuse the tentativeness in my writing. At one level, the two events seem so different as to make comparisons insulting. Donald Trump has been charged with attempting to subvert the democratic process by interfering with the result of the 2020 presidential election; Robert Bowers was sentenced to die for killing eleven worshippers at the Tree of Life synagogue in Pittsburgh, the deadliest antisemitic attack in U.S. history. I recognize and acknowledge the obvious differences even as I write these words. But there is...
Striving for a World without Capital Punishment