I hesitate to weigh in here but why not...
My legal practice consists entirely of defending individuals charged with capital murder, where the State of Texas is seeking the death penalty. I hate to do it but to address the obvious questions, I'm not an ACLU'er, bleeding heart leftist, obviously I'm here, a gun owner, shooter and strong 2nd A supporter. I'm a death penalty supporter and fully believe it is a just punishment for some crimes. In a prior life I was a starchy insurance defense lawyer on a mission to stamp out what I considered to be frivolous lawsuits. I can fairly well check off the "conservative" position on practically any political issue out there. I'm viewed with suspicion by some of my leftist colleagues who aren't sure what to make of someone with gun stuff and an autographed Scalia picture on the wall. Maybe "very conservative libertarian evangelical" is the label that best fits.
I generally pass by the threads like this on most gun forums, but today felt the need to pop my head up out of my hole and say something. I'll return to the hole, as I doubt this will be popular.
It is my firm belief and nearly 100% life experience that we shooters/gun owners/hunters are the best of the best. Setting aside whether or not a consular notification treaty is good or bad, and setting aside how much it matters, I hope that we the shooting community would be especially mindful of how the criminal justice system operates. I generally share the sentiments expressed in threads like this, though I disagree or quibble with some specifics. You certainly don't have to take my word for it, and I am certain most will not, but there are some things done in the system, particularly the death penalty system, that would shock you or hopefully at least give you pause to think about what things you want done in your name. If you have ever been treated rudely or been given a heavy dose of the "only ones" attitude on a traffic stop when you produced a CHL, had your pistol unloaded, not given the ammo back, detained longer than you should have been etc...you have had a taste. If Ruby Ridge pisses you off, you get the idea. We in the gun community know a lot about Ruby Ridge, what isn't as well known is the lengths the FBI went to, along with the ATF to fabricate evidence and downright lie in an effort to get Weaver. I doubt anyone here would pass off any of this behavior as trivial. I don't particularly like being viewed as a gun nut, right wing wacko, militiaman or whatever other label the gun grabbers put on us. It pisses me off to be denied my 2nd A rights and have to watch much worse go on in say the People's Republic of Chicago, just to name one.
All of that said, I hope that the gun owning community I'm proud to be a part of will stand for the higher ideals even when they aren't particularly popular in pop culture. Last week, I spent Wed and Thurs in Livingston, TX at the Polunksy Unit, which houses death row. I was visiting a client who was granted a new trial as to the punishment portion of his case by the US Supreme Court in '07. He was tried and convicted, in 1988. He was represented by a wholly incompetent lawyer (though this issue mattered not a whit to any court in Texas and this is not the basis for the new trial) and was fundamentally denied due process at trial. It took 20 years of appeals to remedy what should have been obvious. The courts in our own state are capable of amazing gymnastics to avoid the obvious. If he is given the death penalty in his trial that I handle, so be it. It is my job to see that it is a fair trial and not a mockery of whatever your concept of justice is. I am not asking you to feel a shred of sympathy for my client or others similarly situated, sympathy is rightly with the family of the victims. However I would hope that when the State of Texas sticks a needle in someone's arm and kills them in my name and yours, that the State has worn the white hat, followed the law. I'm not asking you to think the DP is wrong, I don't. However executing someone is the ultimate imposition of government power on a citizen (sometimes not a citizen). I don't care if it is the Feds or the State. Such an awesome power should not be exercised lightly in the minds of those in power or the citizens they say they represent. We would justly be outraged if LEO's wrongfully smashed in our doors in the middle of the night and killed or injured our family, snatched our property, slammed you against a wall etc... Only to find later they had the wrong house. When they strap 'em down at the Walls Unit and kill them, I need to know they have done it correctly, made every effort to have done it right...wear the white hat. I need to know that the government was put to their proof, the defendant's lawyer wasn't stoned, sleeping or had never tried so much as a misdemeanor case in his career. I think we as gun owners should be acutely aware of what goes on and be vigilant, not merely cheering for every execution. Occasionally when it comes to executions we as a society have had the wrong house. Most of the time not.
I hope that when you are a juror you take your oath to heart, I hope you force the government to prove the guy before you guilty beyond a reasonable doubt not just because you figure he must have done something or he wouldn't be where he is, and I hope you consider the evidence fairly when determining a just punishment. If you get mad that because you have X thousand rounds of ammo at your house, then "you must be up to no good" you should understand. If you sit in that jury box and hooorah the government on and accept whatever they say because it's "just some drug dealer", remember it may one day be you. I hope that we the gun owning community are the ones standing in the gap, doing the right thing. I hope you are the one that as a juror tosses out the illegally seized evidence at trial because you believe the 4th A really means something. The 2nd A really means something, well so does the 4th A. If we don't, the sheeple never will. They will blindly accept whatever the authority tells them. I'd like this community, one that prides itself on our independence, stands vigilant guard over our rights to do the same elsewhere. In no way am I saying we have a bad system, bad prosecutors, bad judges, bad LEO's, we don't. You can however find some bad ones in each of those categories and they ought not to be ignored. If you don't think the innocent are in prison and executed, you are wrong. If you don't believe there is a false confession you are wrong. If you don't think people lie, hide exculpatory evidence, re-write reports, beat "confessions" out of people, fudge the field sobriety test, stop your car for a pretext and so on you are wrong.
Are all these bad things rare? I think so, but rarity is not a justification, nor an excuse for people not to be vigilant and stamp out such behavior. Many if not all of you may be just the type of good guy I hope for, this is no indictment of anyone posting here. I just felt like I needed to say something...
I'll retreat to my hole now...
