Why object to the execution of the stupid?

The latest liberal outrage is the execution of a murderer, Marvin Wilson, who, according to his lawyers and one IQ test but not others, has an IQ of 61, below the threshold of 70 which Texas law takes as the minimum IQ needed to take responsibility for one’s actions.

For a while I was baffled, since many people seemed outraged by this without
 really saying why.  After some thought, I’ve decided this is not really about the death penalty.

Rather, it seems to me like a difference of opinion between those who believe judicial punishments exist to punish “guilt” (whatever that means) and those who believe the purpose of the judicial system is to protect law-abiding citizens.

If you fall into the former camp, then, if the criminal is too stupid to know what he was doing, if he is young, if he is uneducated, if he is poor, and so forth, his guilt is less. He should be punished either not at all or else the bare minimum amount. We should favor more humane prisons to promote rehabilitation. The death penalty should either not be used at all, since it precludes rehabilitation, or it should only be used for older, richer, more educated, and higher-IQ criminals (of which there are very few).

If you fall into the second camp, you will be inclined to say a murderer is a murderer is a danger to society. This danger should be eliminated regardless of hard-to-ascertain metaphysical “guilt”. The seriousness of the crime matters, but not the personal characteristics of the victim. If you favor more humane prisons, you will do so to decrease recidivism. You might favor the death penalty on grounds of efficiency, or you might oppose it because you think it does not deter.

Note, of course, that these two broad schools of thought are not correlated with opposing or supporting the death penalty. That’s a whole ‘nother issue involved in the Wilson case. I suspect that most people who think a low-IQ man should not be executed also think that no one should be executed–they focus on Wilson because he’s the easy propaganda case. (Just as most medical marijuana advocates favor legalizing all marijuana, but they focus on medical uses for the easy propaganda.)       

NB: Difference between rehabilitation and preventing recidivism. Preventing recidivism means ensuring that criminals do not reoffend–this might mean changing hearts and minds, or scaring criminals with the threat of more or worse punishment, or preventing their contact with other or worse criminals in prison, or keeping drugs off the streets, or improving economic opportunities for low-income men, and so forth. Rehabilitation focuses on changing the criminal’s personality, so that he will understand that crime is bad.