I do not always agree with Mr. Winograd . . . but he nailed this one on the head, and said it better than I have:
http://nathanwinograd.blogspot.com/2008/08/judge-jury-executioners-behind-ab-1634.html
http://nathanwinograd.blogspot.com/2008/08/judge-jury-executioners-behind-ab-1634.html