Moussaoui Evades Death, Receives Life in Prison
As soon as my co-worker found out, he exclaimed, "Oh man! Moussaoui got life in prison!" He was obviously disappointed. At first I was too. A lot of people were hoping for the death penalty. But isn't this just a case of mob psychology? Think about it. The man was brought up on conspiracy charges. No matter what he was conspiring to do, we shouldn't execute people because they were planning to do something.
In my criminal law classes, one of the first things we were taught was that the parts of a crime are mens rea, the thought, and actus reus, the act. You simply can't obtain a conviction without both. The punishment for murder is not the same for thinking or helping plan a murder, nor should it be. I know thousands of people think this man should die for the magnitude of the crime he helped plan. But would they say the same for someone helping plan to murder John Doe down the street?
Make no mistake, I am a proponent of the death penalty in some cases, but this is not one of them. Kudos to the jury on this one.
14 responses so far ↓
David Ketter // May 4, 2006 at 2:03 pm
The only reason I’d not consider the death penalty for him is because for him, and other Al-Quaida operatives, it will be seen as a martyrdom and he’ll be expecting his 70 virgins (70 demons is more like reality, in that case…)…
Emily // May 4, 2006 at 6:23 pm
Nice entry. Interesting. I enjoyed reading it.
My sister said the same thing as David–he wants to die.
Melodi Anne // May 6, 2006 at 9:40 pm
Why only that reason, David? Does the Bible ever say one must be given the punishment for what would have happened if one’s plans had been carried out?
David Ketter // May 8, 2006 at 5:47 pm
Because I’d give him death in a heartbeat if it weren’t for that fact.
Melodi Anne // May 9, 2006 at 10:23 am
You didn’t answer my other question.
David Ketter // May 9, 2006 at 4:10 pm
I’m not sure I understand your other question…in the Bible, the only punishment TYPICALLY given is capital…pretty simple.
Melodi Anne // May 10, 2006 at 7:43 pm
There are lots of other punishments given in the Bible! Killing the sinner is not always God’s answer, even in the Old Testament. Death was the answer for cold-blooded murder and adultery (some other things too, I think, but those are the ones that come to mind immediately), but for “only” planning to murder people? Punishment is definitely warranted – but death?
Patrick // May 13, 2006 at 12:33 pm
Noah, your distinction between mens rea and actus reus doesn’t really “work” since, if I’m not mistaken, Moussaoui carried out his share of the crime: the planning. It’s not like he was planning to kill someone but never got around to it; he planned the attacks and the attacks were carried out.
David Ketter // May 14, 2006 at 8:43 pm
Actually, death was given for so much as dishonoring your father or mother…read Deuteronomy some time.
Premeditated massacre is a better idea…I’d say that’s certainly deserving of death…
David Ketter // May 14, 2006 at 8:44 pm
Oops, hit the submit button a little too early…
Didn’t Jesus say that anyone who is simply angry at his brother has already committed murder in his heart? How would you classify Moussaoui on that standard?
Melodi Anne // May 19, 2006 at 7:15 pm
That’s God’s judging a person, David – man is never given any permission to pass a sentence based on that. The same goes for all the commandments, even down to a man who looks on a woman with lust has committed adultery.
SecDef // May 20, 2006 at 8:04 pm
Eh one comment.
What if he escaped? *halo*
David Ketter // May 21, 2006 at 12:28 pm
The thing of it is that Moussaoui certainly hasn’t hidden his thoughts on the matter. He confessed them freely. That’s certainly enough. The government is given the sword BY GOD.
Ruger22lr // May 29, 2006 at 6:12 pm
Um he could have saved 2000+ people and didnt, he should die.