So a few days ago I'm looking through my window watching a woodchuck, otherwise known as a groundhog. He (I'm picking a pronoun because I can't tell a male from a female woodchuck from a distance nor do I want to make a sufficiently close examination to know) is a pleasant enough woodchuck, unobtrusive and plump, although his pointed face and narrow-looking eyes make him less cute close up in my yard than, say, from 30 feet away in my speeding car as I silently urge one of his cousins to stay on his side of the shoulder and not try a dash across the highway in search of greener grass.
I have begun calling him "Chuck," which I know is both anthropomorphic and unimaginative, but hell, he lives under my porch and I see him every day and he's chomping my garden like I grew it just for him, so why shouldn't I be on personal terms with him? Actually, I need to take that back: I believe he is chomping my garden, but I don't know for certain because a practically Bugs Bunny-sized rabbit has also been hanging around lately. So it could be either critter who is shredding my salvia and cilantro and marigolds. And before I bait and set the Havahart live trap, I need to know whether it's Chuck or Bugs for whom I will provide free, albeit traumatic, transportation to ample grazing grounds miles away. I suspect it's Chuck.
Which is why, on this particular morning, I am intently watching Chuck through my window. (That's not him above, but a stock photo; I lack the gear to get a good close-up of Chuck.) He is a medium-sized woodchuck, not yet fully grown I'd guess but big enough to have moved into his own place, and he tends to venture forth from his burrow in the mornings, when it's cool, to browse for food and chill out in the shade. Right now, as I watch, he is methodically combing through a section of lush lawn, his nose nuzzling the carpet of grass, searching out the exact green tidbits that suit his appetite. I am amazed at how picky he is. Only after perhaps 30 seconds of waddling and nuzzling will he pause to pull and munch contentedly at the desired shoots before trundling on in search of more of whatever it is he likes. Clover? Young, tender grass? I can't tell. But his patient fussiness about food is striking, as I have also noticed with other animals, such as a feeding beaver I once wrote about.
Just as fascinating to watch is Chuck's hyper-vigilance. He bolts upright on his hind legs like clockwork every couple of minutes to scan for predators or other scary developments. The slightest odd sound – say, a small plane flying some distance away – will send him scurrying toward his burrow, where he will either nervously hover near the entrance or dive inside, waiting until all seems clear before creeping back out onto the lawn. It is completely understandable, even to a dumb human, why these habits make sense for a relatively small and timid herbivorous mammal who would make a luscious lunch for any number of carnivores, including neighborhood dogs.
But what engages me most about Chuck is the way he seems to enjoy some of his more elective choices, like when he lounges at length on the porch in the shade, reclining slightly to one side, his legs tucked beneath him like a house cat. I'm no authority on woodchuck pleasure, but this sure looks like it to me. I remember once seeing a squirrel lie down out of the sun on the porch, his head laid against the plank as if resting on a pillow, looking for all the world like an instant couch potato. And I recall seeing another squirrel tucked into the elbow of a leafy tree limb outside of my office window, fully reclined on his side on the branch, head nestled against the bark, eyes closed, taking a nap. That's right: a squirrel taking a nap. Why shouldn't he? And why shouldn't he have the experience of this and other kinds of squirrel intentionality? Who is to know? Who is to say that the intensity of a squirrel's or a woodchuck's visceral experience of life, and their desire to protect that life, does not equal ours? How can we say it doesn't? When you swat at a moth and watch it try to hide, or slap an ant in your kitchen and see the injured insect writhe, what does this tell you? I talked about this very question recently with someone who argued that these kinds of behaviors among such creatures are proof of nothing but "survival instinct:" a locked-in physiological response to danger or injury. Well, okay, but one could look at we humans' sometimes-frenetic attempts at preserving our own well-being and say the very same. Yes, we humans have the power of reason and nearly all other animals don't. But the intensity of a creature's raw sensation of life is not at all the same as reason, and I see no basis other than mere human vanity for posing reason as its prerequisite.
Which brings us to the death penalty.
The human death penalty is a classic example of this kind of vanity-based comparison of lives. It assumes that a murderer's life, by virtue of his or her crime, is subsequently worth less than that of the lives of the murdered and the lives of surviving loved ones and the rest of we non-murderers. It bases this assumption on the idea that one forfeits the right to one's own human life upon knowingly and deliberately taking another.
But there are three colossal problems with this assumption.
First, as we all know, the death penalty is inequitably executed (so to speak). Even if all racial and class bias were removed, the fact of human error would always assure that some innocent people would be executed. If you support the death penalty, you support the inevitable execution of innocents, whether you admit it or not.
Second, there is no sound evidence that killing a murderer brings much-ballyhooed "closure" to the loved ones of victims. At best, research to date shows that closure means different things to different people, and a hefty proportion of survivors find, in the end, that watching the convicted murderer die does none of the work that will ultimately be accomplished by the agonized process of good old-fashioned healing and spiritual surrender.
And third and most importantly, the very premise of murder as justice for murder utterly destroys the moral stance it claims to protect: that human life is sacrosanct. Become a backer of murder as revenge for murder, and you relinquish all claims to reverence for the sanctity of human life. You nuke your own moral foundation. You become, for the sake of presumed righteousness, the other edge of the same blade that hacked your loved one away from this earth. Sorry, but the moral physics are immutable. You cannot have it both ways.
So if we cannot kill convicted murderers without killing our moral being, what ought we do with them?
I believe that a morally-grounded society would do two things:
1.) A just society would take custody of people who have murdered and do all within our cumulative psychological knowledge and moral power to bring them to awareness and accountability for what they have done. In the place of the fruitless punishments of prolonged isolation, prison gang warfare and rape, and lifelong scapegoating, we need to take hold of those who have killed and immerse them in the most potent intervention we can muster: a combination of emotional repair and unrelenting demand for personal responsibility. With the rare exceptions of outright evil and cybernetic wire-crossing, it is an unpopular but irrefutable fact that humans who brutally or unsympathetically harm others have generally themselves been harmed in some profound way, and the prospects for rehabilitation have a lot to do with the profundity of the original harm. Some forms of damage can be addressed and countered over time to bring eventual healthy self-esteem and a sense of responsibility toward others. Some cannot. But within a confined setting where murderers are prevented from harming others, we as a society need to give this our very best shot -- for the sake of both morality and public safety. Right now, we are not even trying. And the crime is that we have both the money (consider the ballooning price of today's ineffective-by-design inmate warehousing industry and the huge costs to all of us of its failure) and the professional therapeutic knowledge to actually make productive use of incarceration. We can do this. If we are willing.
2.) A just society would make accountability toward victims, and toward the community in general, a part of rehabilitation for murderers. Instead of 30 or 50 or 100 years in a cell as an abstract penalty for having committed a horrific act, real justice requires the concrete practice of a killer's personally facing the consequences of what he has done: not just for one day in court in the face of weeping or raging survivors, but for years thereafter in a process of confrontation, conversation, and reparation that would keep a perpetrator continually aware of the meaning of his actions and his attitudes. Nothing can bring back a dead victim, including the murder of the murderer. But mandatory guided accountability – including contact with those survivors of murder victims who agree to be part of such a process – is the best hope for whatever healing is possible. Our current circus of punitive imprisonment, depersonalized "justice" for victims, and (often endlessly delayed) execution is a cruel joke that offers no resolution, no healing, and no solutions.
It goes without saying, but it needs to be said, that all of this has to be underpinned by a massive cleanup of the criminal justice process so that, say, being a black killer of a white person does not magnify one's sentence as it currently does. It also needs to be said that all the criminal justice reform in the world is meaningless until we change our public policy so that we are not running a national murder factory. We can start by treating drug addiction as a public health issue, carrying out true gun control so that American life at all socio-economic levels is not flooded with firearms, and addressing the problems of jobs and education and law enforcement that disproportionately nurture violence in poor communities.
One thing is for certain: if Chuck the groundhog deserves better than our convenient and conceited prescription for who we believe him to be, then fellow human beings do as well.
Thanks to Laurie for suggesting I put this in writing.