Thomas Sowell
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Whether Zacarias Moussaoui received the death penalty or life imprisonment was never a big issue for me. What was appalling, however, was the way the penalty phase of his trial was conducted.

First, there was the parade of witnesses, including former New York Mayor Rudolph Giuliani, testifying as to the horrifying consequences of the 9/11 terrorist attacks and the terrible pain of those whose loved ones were killed.

What was the point of all this? We already know that murder is a bad thing, big time, not only for the victims but also for those survivors who loved the victims and will carry the emotional scars for years.

That is why there are laws against murder on the books in the first place.

There was a time when murderers were hanged or electrocuted without any of these emotional tabloid TV scenes in the courtroom -- and without years, or even decades, of delay while all sorts of legal hand-wringing and nit-picking goes on in the appellate courts.

With our courts often so overcrowded that criminals are out on bail, walking the streets and committing new crimes, while awaiting trial on old charges, do we have the luxury of using up court time emotionalizing the obvious?

Are sentences supposed to fit the crime or to depend on what kind of show is put on in the courtroom?

A rational case could have been made for either the death penalty or life imprisonment. My own preference would be for an automatic death sentence for members of international terrorist organizations.

Talk about "life imprisonment without the possibility of parole" is misleading. There is no such thing as life imprisonment without the possibility of a liberal president being elected and issuing a pardon or an amnesty.

There is no such thing as life imprisonment without the possibility of escape -- or of killing a fellow prisoner or a guard. For members of international terrorist networks, there is no such thing as life imprisonment without the possibility of fellow terrorists taking dozens of hostages and killing them if their guy is not set free.

The actual legal basis for the death penalty in the case of Zacarias Moussaoui was that he failed to tell authorities about the impending 9/11 attacks -- and thereby contributed to the death of the thousands of victims of that attack.

If we want to repeal the Fifth Amendment against self-incrimination, then let's talk about that. But so long as the Fifth Amendment is part of the Constitution, a failure to tell all hardly seems like a basis for a death penalty.

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Thomas Sowell

Thomas Sowell is a senior fellow at the Hoover Institute and author of The Housing Boom and Bust.

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