A Thorn by Any Other Name

In their new book, Death by a Thousand Cuts, Timothy Brook, Jérôme Bourgon, and Gregory Blue write about a trait shared by Americans and Chinese to this day: we execute human beings. The Chinese used to do it by way of lingchi, slicing off limbs and pieces of flesh. They stopped the practice in 1905.

In the United States today, we mix a cocktail of poison and inject it into people's veins. A week ago the Supreme Court said that's not a bad way to kill a criminal. It doesn't sound so bad as the Chinese method, though the Chinese used to temper the punishment by sedating the criminal with opium, and killing him or her long before lopping off the last ounce of flesh.

We sedate the criminals we kill, too -- at least we think we do. One of three liquids used in our lethal cocktails is supposed to dull the pain of death. Maybe it does, but why so much screaming and contorted and writhing expressions on some of the ones we kill?

The Supreme Court said it isn't cruel. Certainly not like the old Chinese way; certainly not like the disemboweling and dismembering Western nations used to practice, until one by one they gave up killing by any fashion, leaving the United States alone still trying to find a perfect way for the government to take the life of a helpless man or woman or, sometimes, boy or girl.

The authors say of the comparative methods of slaughter, "It is hard to see much distinction in degrees of cruelty." It is hard to see much honor in it, either.

Misleading Advertising

The American Constitution Society, the left-wing's answer to the right-wing's Federalist Society, has just published an article I rushed to read, titled A Call to Protect Civilian Justice: Beware the Creep of Military Tribunals.

A fine article, though not what I expected: I thought it was about Dick Cheney.

The Scabs Are Healing Nicely, Thank You

Even though, beginning today, I am posting new material on the blog, I haven't crossed any picket lines. True, the Writer's strike goes on, and last month I mistakenly thought it was over, because I got a letter from a writer. My bad. So, there was another literary drought, I grew a beard, and the whole thing was pretty relaxing, all in all. But just yesterday I reached an independent agreement with the writers: I won't write any movies or television shows, and they won't write about criminal defense.

So. No more drought. Happy New Year.

They Shoot Journalists, Don't They?

Actually, I think they cut their heads off. An Afghani court has sentenced a student journalist to death, according to CNN. His crime? He downloaded an article the court didn't like and shared it with his classmates. Something to do about better treatment for women, a suggestion that can obviously get you killed in some countries.

Even though the United States likewise still executes its young, at least they get the benefit of counsel and open, if not always completely fair, trials before we fry, gas, hang, or shoot them.

Odds and Ends

Sometimes, as a criminal defense lawyer, I have the feeling from time to time that I'm not totally appreciated, because I'm a criminal defense lawyer. And it's not just at parties when someone asks me, how can you defend such scum? For example, I must have had our cleaning lady over to our house hundreds of times, but I've never even been invited to hers.

Back in the Saddle Again

Thank goodness the writer's strike is over. I can get back to the blog again.

Wishful Thinking?

Idaho Senator Larry Craig, who privately enjoys a man-to-man talk from time to time, but publicly likes to demean gay men, now has taken to demeaning Presidential candidate Mitt Romney, who I'm pretty sure has never had the pleasure of addressing the senator underneath a toilet stall. According to CNN, Craig said Romney, his former campaign boss, "threw me under the campaign bus" when Romney learned Craig had pleaded guilty to playing footsie with an undercover, top-of-the-toilet, cop.

Dream on, Senator. Hey, and while you're at it, why not keep your word and give up your seat to someone who deserves it (your Senate seat, that is)?