06-29-2010
H. L. Mencken’s
“The Penalty of Death”
Essay
By
Angelo Bolden
References
A Mencken Cornucopia by Gibbons Burke
death penalty – Internet Articles (Google)
capital punishment – Internet Articles (Google)
Sociology 100 – Wayne County Community College Text
H. L. Mencken is an author and critic who write about societies need for katharsis. First, Mencken uses logical symbolism to justify the validity of capital punishment. Secondly, Mencken presents social policy in a manner that advocates contrary to the constitution and religious beliefs. Finally, Mencken uses his false sense of our governments and judicial systems inadequacies to support his form of efficient justice.
First, Mencken asserts every member of society has a particular function, regardless of how unpleasant his or her jobs may be; the job needs to be completed. Mencken writes, “It may be quite necessary to society for all that (2)”. Mencken is saying that various types of employment are uncongenial. Nonetheless, they are necessary for a given society to function effectively and efficiently. Mencken compares the unwelcomed job function of a hangman to that of a plumber, priest, soldier, and garbage-man. Mencken asserts that all of these types of employment are disagreeable; yet, no one wants to abolish them; referring to the hangman. Mencken uses the word “abolishing” to reference the efforts to end the death penalty. Mencken’s conviction is that killing a person for a heinous crime such as murder is unavoidable for society. Mencken writes, “Moreover, what evidence is there that any actual hangman complains of his work? (2).
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Mencken may think he is telling the truth, but this statement is a lie. Mencken is arguing that if an individual does not complain about their work, then the unlovely tasks that it entails and no matter how much people rebel; it really does not matter as long as it serves a purpose.
Mencken says, “Their fundamental error consists in assuming that the whole aim of punishing criminals is to deter other (potential) criminals” (3).
Mencken debates that the abolitionists conclude that the primary focus of the death penalty is deterrence. In contrast, Mencken thinks there are several other aims of punishment and one, which is much more important. Mencken composed “Commonly, it is described as revenge, but revenge is really not the word for it. I borrow a better term from the late Aristotle: katharsis. (3)”. Mencken describes katharis as “means a salubrious discharge of emotions, a healthy letting off of steam. Mencken then compares the emotional discharge of an individual seeking vengeance to that of a kid playing a cruel joke on their teacher. Mencken references both acts as katharsis. Mencken wants you to see the similarities in the acts; that really, does not exist. Seeking someone’s life versus placing
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a thumbtack in a teacher’s chair is based on different motives. Mencken is saying that both acts are a healthy release of stress. In contrast, the intentions are not the same and are in fact: worlds apart. Seeking someone’s life versus placing a thumbtack in a teacher’s chair is based on different motives. Mencken writes “What I contend is that one of the prime objects of all judicial punishments is to afford the same grateful relief (a) to the immediate victims of the criminal punished, and (b) to the general body of moral and timorous men. (3)”. What Mencken is really advocating is dictatorship where members of society have no constitutional rights to a fair trial or an appeal process.
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Secondly, Mencken utilizes rhetorical devices to support his argument for katharsis. Mencken writes, “What they want is the peace of mind that goes with the feeling that accounts are squared (4)” and “Until they get that satisfaction they are in a state of emotional tension, and hence unhappy (4)”. Mencken wants to convince you that victims of crimes are incapable of rational thinking and consumed with the need for revenge, bypassing the grieving process. Mencken says, “Simply argue that it is almost universal among human beings (4)”. Mencken places all members of society in this classification of needing instant gratification and acting on impulse without regarding the consequences of their action. Mencken has a total disregard for the laws and customs that form society and plays on an individual’s emotional state (anger) to justify it. Menken writes, “But when the injury is serious, Christianity is adjourned, and even saints reach for their sidearm’s (4)”. Again, Mencken disregards individual rights to practice spiritual principles. He affirms if the crime is severe enough; even the most devout Christians will set aside their belief in Jesus Christ, which they firmly believe to be sacred and out of rage seek revenge. Mencken believes that religion, generally speaking, has been curses to humankind and its ethical overestimated values have been overcome by the damage it has done.
Mencken has no regard for the arguments against capital punishment; primarily that it is immoral and denies humans their constitutional rights. Mencken defies a social structure where regulations, laws, customs, norms guide our behavior and influences the choices we make. Mencken writes, “It is plainly asking too much of human nature to expect it to conquer so natural
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an impulse (4)”. Mencken assertion is that society is incapable of actions based on cognitive skills. Mencken’s ideal society is rigid, lacking in empathy and compassion, which is evident in his tone intending to cause laughter on the part of his readers while he discusses a very emotional subject. Mencken writes, “The main thing is to destroy the concrete scoundrels whose act has alarmed everyone, and thus made everyone unhappy (5)”. Mencken is calling for a return to an earlier time when capital punishment was swift and sure for those convicted of murder, a time he believes were justice was equitable, efficient and society was functioning at optimum levels. In primitive society, punishment was left to the individuals wronged or their families, and was vindictive or retributive. Mencken writes, “But for crimes involving the deliberate and inexcusable taking of human life, by men openly defiant of all civilized order-for such crimes it seems, to nine men out of ten, a just and proper punishment (6)”. Mencken views capital punishment as the only viable means of dealing with those committing the most violent act. He does not believe in justice, due process, or rehabilitation.
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Mencken writes, “It is more effectively and economically achieved, as human nature now is, by wafting the criminal to realms of bliss (6)”. Mencken is saying that the capital punishment is a thrifty impressive method of achieving the desired result, that being death. He wants his readers to believe that it is useless to attempt to rehabilitate a criminal: where they would be considered not permanently criminal and it is possible to restore them to a useful. Rather than punishing the harm out of a criminal, rehabilitation would seek, by means of education and/or therapy, to bring a criminal into a more normal state of mind, or into an attitude, which would be beneficial to society, rather that harmful to society. Mainly, Mencken wants us to believe rehabilitation is not cost effective and would not achieve the outcome that society would like; katharsis.
Finally, Mencken claims that the society is appalled not because of the act of killing criminals. Instead, it is their procrastination in finalizing the deed, which he feels, is more inhumane, cruel and denies a human their rights (to die).
Mencken writes, “After all, every one of us must die soon or late, and a murderer, it must be assumed, is one who makes that sad fact the cornerstone
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of his metaphysic (7)”. Mencken pronounces that murderers in a sense have chosen their demise and should not have to suffer the anguish of a long drawn-out waiting period. Mencken feels
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those individuals who commit murder always plan and plot their act. He fails to recognize that the majority of murders are committed as a crime of passion or in the heat of the moment. More often than not, murders are not premeditated. Mencken’s ideal society lacks empathy for individuals who make errors in judgment.
Mencken supposes that our government and its judicial system are inapt and lacking in capacity to perform their job and serve members of society effectively with their need for katharsis. Mencken writes “Under the irrational American system (7)”, and “Now and then, by the imbecility of a judge or some trick of juridic science, they actually justify it (7)”. Menken is attempting to justify his abandonment of our rights to legal representation, a fair trial, and the appeals process. He claims that the real motive behind our government and judicial system is monetary gain, not justice. Mencken communicates, “Worse, it is wholly useless (8)”. Mencken is an atheist and feels that religion beliefs have no place in his society; in fact, it is counterproductive.
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