By Kevin D. Williamson
Friday, October 02, 2026
Assessing the conditions in Reading Gaol, Oscar Wilde
remarked: “If this is the way Queen Victoria treats her convicts, she doesn’t
deserve to have any.” I wonder whether We the People of the United States
deserve to have any convicts at all, or condemned men—or condemned women.
The story of Christa Pike, whom Tennessee officials
have—so far—twice tried to poison to death, would be the blackest of black
comedy if there were any comedy in it. Tennessee Gov. Bill Lee, being a
Republican in 2026, is funny only unintentionally, saying of the twice-botched execution of his state’s only
condemned female murderer: “Tennesseans deserve a justice system that is fair,
that’s consistent, that is faithfully administered. My responsibility is to
uphold the sentences that Tennessee juries have handed down, even when it’s
difficult, and that is exactly what we intend to do in the days ahead.” If
words mean anything, then the governor’s words would seem to mean that his
state intends to try to kill her again in the interest of consistency and faithful
administration and responsibility. I am tempted here to take the Lord’s name in
vain.
There are many bad arguments against capital punishment:
that an innocent person might be wrongly convicted (which is an argument
against trials and punishment per se), that the willful taking of human
life is categorically evil (as though war-making and self-defense were not
unhappy necessities), that a death sentence cannot be reversed (as though we
could give a wrongfully convicted man back his lost decades or the whole of a
life sentence), etc. There are better arguments against capital punishment: One
is that capital punishment is bad for the executioners (and, this being a
republic, we are all executioners), which ought to be obvious to anybody who
has been present at one of those festive “Burn, baby, burn!” rallies death-penalty
enthusiasts sometimes stage outside of an execution or to anyone who has heard
Donald Trump hold forth on the subject. Americans’ naturally violent
temperament and our tendency toward religious fanaticism (which sometimes is
disguised as political fanaticism) make us gleeful executioners who invariably
debase and degrade ourselves when wielding the instruments of death.
Another argument against capital punishment is that we
are not very good at it.
We are not very good at it in the particular
instances—botched executions such as the one in Tennessee are surprisingly
common—and we are not very good at it in the big picture, either, applying the
lethal sanction willy-nilly, often to the wrong cases and the wrong categories
of cases. A wiser society would consider death sentences, if it considered them
at all, for serious crimes of a political nature, meaning crimes against the
state and crimes against the public order. One teenage drug peddler in Chicago
killing another teenage drug peddler in Chicago is, in the big picture, a
mostly private affair, though there is a political aspect to the lawlessness of
our cities. Crimes against the public order are more like the sort of thing we
saw at the Capitol on January 6, 2021: sedition, rioting, corruption in high
office, abuses of political power. Which is not to say that we need to drag
every corrupt cop or senator or riot instigator in front of a firing squad, but
crimes of that nature are distinct from the merely vicious crimes often
described as common. (And they are too common, of course.) Such crimes
necessitate the pursuit of justice, but prosecuting them and punishing them
with a heavy hand also is an act of political self-defense, a necessary thing
in a republic.
Catholic teaching (and much Protestant teaching) has
largely held that putting criminals to death is acceptable when it is necessary
for ensuring the protection of the defenseless against further violence at the
hands of the lawless. That the Catholic authorities in the United States and
elsewhere have interpreted this as amounting to a general prohibition on the
death penalty is the result of technical rather than moral considerations:
Given the penal powers of the modern state, putting offenders to death does not
present itself as a practical necessity. The Catholic analysis of the case is
reasonable and reasonably persuasive.
There is no question, to my mind, at least, that such a
figure as Christa Pike deserved the death sentence—her crime was
atrocious and cruel, involving not only the murder of 19-year-old Colleen
Slemmer but also her torture: Convicting Pike was made easier by the fact that
she had kept a broken-off piece of her victim’s skull as a keepsake and had
shown it off to friends at school. Slemmer’s family is still awaiting the
return of the last piece of her skull for burial, having received from the
state, so far, only a portion of the skull. The 1995 crime defines
heinous—but there is no absolute necessity, moral or practical, for Pike’s
death.
As a matter of moral judgment, one might reasonably come
down either way on the question.
As a matter of practical judgment, there is less room for
disagreement: If Tennessee is going to wield the power of life and death in
this slapstick fashion, then Tennessee does not deserve to have it. The
governor has suspended executions for the moment; the legislature should move
to get rid of them altogether, out of shame, at least, if not out of any
sincere regard for decency.
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