“The Penalty of Death” H.L. Menken manages
to make a biting critique of those who support the death penalty while keeping
his tone informal enough to make his satire evident. His manipulation of
language allowed him to create a wry commentary on the judicial system,
specifically capital punishment. His attitude and intentions are made clear
throughout with his sarcastic overtone showcase the disdain he feels towards
the idea of killing criminals, no matter the crime. The manner in which he
handles this topic is indicative of the time period. This essay was written in
1926, during both the Progressive Era and the Roaring Twenties. This was a time
period known for its revolutionary and frivolous nature. So, it comes as no
surprise that author would oppose the death penalty and advocate for a change
but still wish to handle this delicate matter with humor.
Also indicative of the time period is his
use of biblical allusions to showcase how disingenuous he believes Christians
who are proponents of the capital punishment to be. The idea of revenge goes
completely against the turn the other cheek mentality Christianity is intended
to teach. When he states “Christianity is adjourned, and even saints reach for
their sidearms.” he is in effect
undermining the tenants of the religion as well as the moral fortitude of those
are members of the faith. This would appeal to the oppressed peoples such as women
and African Americans who consistently had the bible used to excuse their lower
status in society. Those who are acutely aware of hypocritical aspects of the
faith will be more likely to empathize with this criminal after hearing this
because they too have been cast away due to zealots misinterpreting or ignoring
the values Christianity preaches.
He continues to highlights the hypocrisy
of the death penalty when he brings up the time that criminals have to wait
before dying as the most grievous aspect of capital punishment rather than the
actual dying. It insinuates a lack of the proponents understanding of the issue
at hand. “Unhappily, a murderer, under the irrational American system, is
tortured for what, to him, must seem a whole series of eternities. For months
on end he sits in prison while his lawyers carry on their idiotic buffoonery
with writs, injunctions, mandamuses, and appeals. In order to get his money (or
that of his friends) they have to feed him with hope.” When Menken calls out the
lawyer for his cruelty he does not acknowledge that no one in any other
profession, whether they do it for the love of the craft or simply to pay the
bills, can continue to keep servicing a client who cannot pay them. It is not a
matter of the lawyer being cruel but the lawyer’s survival. He shows that those
in favor of the death penalty would rather hold lawyers and judges accountable
for these criminals’ fates rather than addressing the blood lust of those who
demand the death of criminals. He hints at the irony of those citizens so
offended by these murderers that they are willing to become murderers
themselves.
Earlier in the passage Menken uses
parallel structure to compare the hangman to many other virtuous but unpleasant
professions “There are, indeed, many other jobs that are
unpleasant, and yet no one thinks of abolishing them--that of the plumber, that
of the soldier, that of the garbage-man, that of the priest hearing
confessions, that of the sand-hog, and so on. Moreover, what evidence is there
that any actual hangman complains of his work? I have heard none. On the
contrary, I have known many who delighted in their ancient art, and practiced
it proudly.” to show that being a hangman is an honorable career path. Menken
does not say it directly, but the juxtaposition with such esteemed occupations
raises the status of the hangman. There is an ingrained respect that people
have for priest and servicemen that is now linked to the hangman. This
comparison along with the criticism of the lawyers depicts proponents as
willfully ignorant people who can judge the lawyer for defending the criminal
and praise the hangman who sealed his fate.
That irony is explained thoroughly in his
detailed explanation on the importance of katharsis. The examples used for
katharisis represent it as a base impulse. While he says that we should give
into it since it a natural human reaction, after reading how evil and childish
it makes the person look one would hope to be above such juvenile and hurtful
acts. Menken uses the allegory of the child and the teacher to show the
pettiness of those clamoring for the death penalty. The image of a spoiled
child harming an unwitting teacher is meant to reveal that these people are
unable to view this issue from an adult perspective and analyze why they want
this person to die. The Shopkeeper A example presents the victim of the crime
as an equal to the criminal. Their vindication does not come from reparations
but from the pain he was able to have inflicted on another person, “Thereafter
A can sleep. More, he has pleasant dreams. He pictures B chained to the wall of
a dungeon…”. More time is spent
explaining the masochistic joy A gets from imagining B’s suffering than it does
discussing how A was wronged by B in the first place. This shifts the focus
onto A’s transgression rather than B’s.
Menken’s
used his understanding of the social moirés and political issues of the time to
take an issue that would usually have a lot of support and show the immorality
of its underbelly. The idea of killing those who have killed and ridding
society of their violence seems like a good idea but he reveals that those
criminals bring society as a whole down to their level making everyone who allows
this to continue a murderer. He plays on his audience’s individual sense of
morality by implicating them in what he sees as a crime. H.L. Menken
manipulates the burgeoning disassociation of America and Christianity and
utilized people’s desire to seem avant-garde and compassionate in tangent with
sardonic diction to make people pity those whose behavior is inexcusable.
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