Old Navy Justice

Herman Melville’s last great work was a morality tale about the fate of Billy Budd, an impressed seaman aboard HMS Indomitable bound for the Mediterranean at the close of the eighteenth century. Billy was a thoroughly likeable character generally regarded by officers and crew alike to be totally without malice or guile. Not so Claggart, the ship’s Master-at-arms. He thought Billy was secretly mocking him. Claggart went to the Captain and falsely accused Billy of plotting mutiny. Captain Vere didn’t believe a word of it and demanded Claggart confront Billy directly. Billy was escorted into the room where Claggart repeated his malicious charge. Billy was dumbstruck. He could not speak. After several attempts he reflexively lashed out at his accuser with a single fist to the forehead. Claggart fell dead.
Vere saw the dilemma. Billy had been falsely accused and hadn’t intended to kill. He had struck out in passion and frustration. Still the law was clear. He struck a superior and the man was dead. The Captain immediately convened a three member panel of officers and conducted a trial where he was the only witness. Billy had nothing to say in his own defense. After all evidence was presented Billy was dismissed and the court began its deliberations in Vere’s presence. It soon became evident that the three were inclined to clemency. The surgeon would have liked to confine Billy until he could be remanded to a shore based board of inquiry. He was intimidated into silence fearing the Captain’s disapproval. The marine Lieutenant asked aloud whether they might convict Billy of the crime but temper the sentence. Vere reverted to his role as Commander and lectured the panel at some length. He told them their duty as officers of the king was to the king’s law, regardless of personal feelings. He instructed them “That however pitilessly that law may operate, we nevertheless adhere to it and administer it.” Billy Budd was convicted and sentenced to hang from the yardarm. The sentence was carried out before Claggart’s body was even cold.
We’ve come a long way in two hundred years. Any civilized modern court, military or not, would consider mitigating circumstances. Other witnesses would be called. Billy would have counsel. His character would be a factor, as would his frustration, the passion of the moment, and the false accusation. Vere’s interference in deliberations would be a gross violation of fundamental human rights. His presence in the room would be intolerable. I doubt that today any reasonable jury or board would find Billy guilty of capital murder let alone condemn him to death. We are a better society for it.
We have a way to go yet. The law can still be pitiless. Innocent men and women can be and are wrongly convicted, witness the spate of DNA exonerations in recent years. The absence of such exonerations among those actually executed doesn’t mean it hasn’t happened. The death penalty is not uniformly applied. Only about one percent of California homicides are tried as capital punishment cases. It can be cruel. In January the Supreme Court stayed the execution of a Florida man after he had been strapped to a gurney. He will probably face death again unless the court rules lethal injection is unconstitutional. Last minute reprieves aren’t unusual. Some get more than one. This was just the extreme case. In other circumstances we would call it psychological torture.
We are a more advanced civilization than we were in Billy Budd’s day. We will be more advanced still when capital punishment is a thing of the past.