Submitted by guest contributor, Rick Collum
The other day, I was asked how someone could be pro-life and for the death penalty at the same time. I replied because of “Due Process of Law.” This person gave me a very puzzled look. I said, “Let me explain.”
As a point of reference: In 2023, 24 people were executed in the United States with an average age of 54. Conversely, over a million abortions were performed in the United States in 2023.
A human being who receives the death penalty in a criminal case has been afforded the “due process of law” guaranteed by the U.S. Constitution.
First, an investigation is done to determine if there is enough evidence to formally charge the person with a crime.
Second, if the matter proceeds to the next level, the prosecutor presents the evidence collected to a Grand Jury. The Grand Jury determines whether probable cause exists to formally charge the accused with a particular crime via an Indictment.
Third, if an Indictment is issued by the Grand Jury, then the accused appears with his lawyer before a judge for his arraignment and enters his plea of “not guilty.”
Fourth, after that arraignment, the accused receives the evidence that the prosecution has against him and his lawyer reviews the evidence for any legal defenses or factual defenses. During this stage, the accused’s attorney can file motions to exclude illegally obtained evidence.
Fifth, during the trial stage, (1) a jury of 12 people is selected to hear the evidence, (2) the accused has the opportunity to face his accusers and cross-examine them, (3) the accused can call witnesses in his own defense, and (4) make the prosecution prove its case beyond a reasonable doubt.
Sixth, if the jury finds the accused not guilty, then that ends the matter because the accused cannot be tried again for the same crime. However, if the jury finds the accused guilty, then the death penalty phase is next. Thus, the jury has to determine if the crime warrants being put to death.
Seventh, if the death penalty is imposed, the accused has the right to appeal. Because being put to death is the ultimate punishment, the accused is provided extensive appeals. And even after all the appeals fail, the accused can be given a reprieve from the Governor of the State.
Unlike the aforementioned, the unborn child is not provided an investigation, a grand jury, allowed to review the evidence against him, the assistance of a lawyer, able to face his accuser, a jury of 12 people, nor has the prosecution proved beyond a reasonable doubt that his life should be terminated.
Based solely on the evidence: a person who receives the death penalty has been provided “due process of law” and found guilty by a jury. The unborn child’s only offense is to exist. The unborn child has not been accused of a crime nor found guilty by a jury. But, the unborn child receives the ultimate punishment. Hence, I can be both pro-life and for the death penalty.
Rick Collum
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