reflections on the death penalty & Hamlet
In my online Death Sentencing class at PSU, we were asked to analyze (in an informal post) a film, play, or piece of literature in terms of how it deals with the death penalty debate. I thought I would post my response here:
Most of you probably know the story of Hamlet: A young Danish prince (Hamlet) zealously commits to avenge the murder of his father, the king Hamlet. The king was poisoned at the hands of Claudius - his own brother - who lusted after both the crown and the queen. Claudius quickly marries his brother's widow and takes the crown. Hamlet first learns of the murder when the ghost of the dead king visits him in the castle. He vows to kill his uncle.
While the play does not deal with the death penalty in a modern criminal justice context, it does feature an agent of the state (Hamlet) considering the ultimate penalty as punishment (and revenge) for a murder. In many aspects, the play can be read as a metaphor for the death penalty debate - a dramatization of the political, moral, and social clashes we see today around this issue.
When faced with the opportunity to stab his uncle, Hamlet hesitates. He hears Claudius praying, and he does not want to send Claudius to heaven. What he fails to hear is Claudius' admission that his prayers ring hollow. So long as he keeps the queen and the crown - the wages of his sin - his prayers cannot redeem him. We are forced to ask uncomfortable moral questions. If one believes in the Christian (or other spiritual) concepts of eternal life and redemption, to what extent does the death penalty actually punish? On the flip side: Can a capital offender ever redeem himself, so long as the consequences of his crime remain? In other words, can there ever be redemption so long as the dead remain dead? If not, the death penalty does indeed punish, but it also rings hollow.
Then there is the sticky issue of reasonable doubt. Hamlet cannot be sure his father's ghost was real, or worse, that it was not an evil spirit sent to trick him. So he devises a plan to force a confession from Claudius. With a confession, he can feel just administering the ultimate punishment. When a traveling band of players visits the castle, he has them perform a play that reenacts the murder of his father. While the play is performed, he watches Claudius for a reaction. This raises the thorny issue of executing the innocent, and what kind of ultimate proof is needed before we can administer the ultimate punishment. (And with the devise of the "play within a play," viewers and readers are asked to consider how they "read" the "text" of the main story of "Hamlet." What reaction does it seek? Are we supposed to recognize ourselves?)
This, in turn, raises the issue of moral coherency: Hamlet relies on something akin to our concept of due process, and even still, he cannot quite bring himself to drive in the sword. How can he support the death penalty when he cannot himself administer the punishment?
Perhaps the most heart-wrenching moment is when the slain king's ghost reveals his torment - how he is doomed to wander in purgatory, having been slaughtered without a chance to repent for his sins. Hamlet wants the same for Claudius, as we see in the scene where he decides not to kill him while he prays. In our contemporary context, we see the most brutal of murderers put to sleep in the most humane of ways (though this is debatable as well), while their victims suffered brutal attacks, with no chance to get their affairs in order, pray, or even repent. We must ask: Is this justice? Would a purgatory of "life in prison" be more effective?
Eventually, the violence in "Hamlet" spins out of control, and all the major characters are dead by the play's end.
It is Hamlet's indecision that is widely cited as his "fatal flaw" - the flaw that brings on the mass slaughter. I disagree. I see a deeper conflict at play here: the conflict between educated reason, the natural human instinct for revenge, and morality. This same drama plays out in death penalty debates. Hamlet has returned home from college, and his new, educated reasoning clashes with familiar cultural ways. He cannot determine what is right because he follows three distinct lines of argument, all of which point to different answers.
These distinct lines of reasoning are reflected in current death penalty debates, and I am left wondering how we might find a way for the various dialogues to meet - or at the very least, communicate with one another.













