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Old 05-16-2005, 09:55 AM   #41 (permalink)
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Quote:
Originally Posted by Tophat665
When you start pulling the rules for 7000 year old desert dwellers into the argument, then you have no argument. However, let's try the following: What part of "Thou shalt not kill," do you not understand? How about "What is done to the least among you is done to me," or "thou hypocrite, first attend to the beam in thine own eye."
Let me advise you to read my posts before replying so harshly.

Quote:
Originally Posted by Phage
05-16-2005, 01:50 AM
I think you would be hard pressed to give a reason for the act of killing another person being morally wrong without resorting to religion. You mentioned "negative karma", but of course there are many people who would not consider that a valid argument.
If you will notice, right here I am pointing out how judging the death penalty to be immoral is difficult without resorting to religion, and that religion is a very poor platform to argue from because not everyone believes the same religion. Later on...

Quote:
Originally Posted by martinguerre
05-16-2005, 09:53 AM
my confession is that i believe Jesus to be the Christ....
And I respond...
Quote:
Originally Posted by Phage
05-16-2005, 11:06 AM
I was trying to avoid this...
...to an already weak position based on religion pointing out how there is scripture contradicting him. As you say, "When you start pulling the rules for 7000 year old desert dwellers into the argument, then you have no argument," except that you neglect to notice that I already said that.

Futhermore, your quote of "Thou shalt not kill" was addressed be me two days ago, on 05-14-2005, 08:59 PM. You did not think through "What is done to the least among you is done to me," because if you will look at Genesis 9:6 (quoted in my above posts) you will see that it says the same thing but goes on to specify the punishment and who would deal it out. Yep, the punishment is death and man will do it.

RTFT!
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Old 05-16-2005, 10:20 AM   #42 (permalink)
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No-one can deny that mistakes are made and the trial system of the western world is not perfect.

What about (in the case of the US) taking the responsibility for the death penalty out of the hands of the state.
It becomes an executive decision. People of a state (state govt) can request it, but the case has to meet certain requirements.

Absolute proof: Multiple witnesses, confession.
Multiple homicide: Events like the Dalmer case.

IMO, there would be a lot less and most people would be quite convinced of the guilt in those cases. It would also take the local pressure off the state to execute those people. It becomes a more objective case at a national level.

Problem is, what do with all those folks who are probably guilty but don't meet the requirements.

Well, what is the death penalty really?
It's a society's declaration of its unwillingness to have certain individuals within its scope. We try hiding them in prisons, but sometimes the crimes are so vile that the aftermath still reminds us of that persons presence in our system.
It's like having a large, bright, noxious weed in the yard that, even though it's covered up by other bushes, it still affects us in the nearby house.

So to take it to an objective rational level, do we 'weed' out and burn those individuals or do we just toss them on a rubbish heap somewhere where they might stay around for a bit, but as it's a dump, no-one minds them taking root there.

Or do we accept that even weeds have a role and need and place or use them somewhere that they become useful?

I say use them to make insulin or organ donation. j/k
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Old 05-16-2005, 10:35 AM   #43 (permalink)
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Phage, your reading of Romans is... Yeah. There is nothing is that passage that implies a death penalty. It implies that outside of God, there is death. In God, there is life and the light of the world.

While i find Imago Dei theology important, i do not follow it in justifying a death penaly. The whole system of sacrificial/substitutionary violence is undone in the Cross. In this case, the revelation of Christ supercedes previous understandings.

I never said go out and break shit, either. I am a law abiding citizen, and i'm in favor of reasoned law enforcement. I believe in community policing, beat cops who know the nieghborhood and who make a difference. i beleive in laws that keep order and promote the public good, and do not uneccesarily imprison folks for private choices. i believe in responsible alligience to my goverment...that i owe it my loyalty, and my loyal dissent when i am in disagreement.

None of those passages authoritatively creates a basis for a Christian endorsement of the death penalty.
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Old 05-16-2005, 10:56 AM   #44 (permalink)
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Quote:
Originally Posted by martinguerre
Phage, your reading of Romans is... Yeah. There is nothing is that passage that implies a death penalty...
"But if you do wrong, be afraid, for he does not bear the sword for nothing."
I don't know about you, but that seems pretty clear to me. Life imprisonment is not usually represented by a sword.

In any case, that is not my point. My point is that it might be well and good for you to justify your opposition to the death penalty by citing your religion, but you are not going to convince anyone else because your position boils down to "Because I don't like it." I think the readers of TFP deserve more.
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Old 05-16-2005, 11:33 AM   #45 (permalink)
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Phage, you misquote me. The quoted material is my response to your first selection from Romans 6 by stating that you are not reading that from the passage, but into it.

I respond to your reading of Romans 13 by stating my relationship to the government. Your latest quote, focusing on the "sword" is equally unconvincing. Paul is writing in the midst of a hostile empire. While he is telling people to keep their heads down, he is not writing to descibe the ideal state. The US is a democracy, and a majority Christian nation. from a Christian viewpoint, there's no reason we need to be in the moral slums with the Roman Empire.

Your last line is both insulting and ill-informed. My argument begins with my assumptions (my confession of faith) and procedes from there, like any other argument ought to. The readers of TFP deserve more? That's a snide and snotty thing to say when you aren't even responding to the content of my postings.

Quote:
Originally Posted by Phage
RTFT!
How ironic.
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Old 05-16-2005, 01:36 PM   #46 (permalink)
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Quote:
Originally Posted by Phage
People who do not know killing is wrong are not convicted, that is valid grounds for an insanity plea. You are naively ignoring the fact that almost all sane murderers know that killing is wrong, and do it anyway. We don't have to "teach them that murder is wrong", they already know it and murdered anyway.
It's arguable that anyone who kills is insanse, but I gave the system the benifit of the doubt as it is their call whether someone is legally sane or insane. Clearly the benifit of this coubt came back and bit me in the ass. What sane person would kill someone else? I can't think of a time where a sane person would kill someone else (besides self defence or accedent; neither of which are really a murder 1 charge).
Quote:
Originally Posted by Phage
The reason there is a death row is so that people have a chance to be exonerated; the time spent waiting for all of the appeals to go through is very long. In the end we have exhausted every reasonable doubt of innocence. Rational people can then apply the appropriate punishment; second guessing at that point boarders on insanity. When you back your car out of the driveway do you check your mirrors? There is always the possibility that there might be a small child behind your tires, having arrived there through methods unknown.
There is a difference between 'exhausting every reasonable doubt of innocence' and knowing someone is innocent for sure. Why kill if you aren't 100% sure? It's the finality of death that puts the death penalty in a much different catagory that any other punishment. History shows that second guessing at any point is not insane. It is just. People are exonerated from death row; some after execution. And I always check my mirrors and look about because there are a lot of kids in my neightborhood.
Quote:
Originally Posted by Phage
In then end I bet you back up anyway, trusting that your reasonably sufficient observations have found the truth. Well, in America by law you need 12 different people to agree on the truth plus any other combinations of people through all the appeals for someone to be executed. Unless you have more than 12 people agreeing that your tires are clear of children...
That's a case of gross negligence (murder 2 or manslaughter), not premedetated murder (apples and oranges).
Quote:
Originally Posted by Phage
I leave you to flounder in the hypocrisy of your stance.
You showed no hypocracy in my stance. Perhapse you can be more specific. Oh, and I rarely flounder.
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Old 05-16-2005, 03:04 PM   #47 (permalink)
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Quote:
Originally Posted by muttonglutton
I am for the death penalty. I believe in stern punishment.

However, in a world of imperfect information, like poker, when do you truly know when to go all in and kill the guy on death row, or when to fold. How do you know when to concede that, really, we think the guy is guilty enough to put him in jail, but not guilty enough to kill him? Then, doesn't the 'beyond a reasonable/shadow of a doubt clause come in? If you aren't sure enough to put the man on death row, how are you sure enough to commit him in the first place?

If it didn't cost time, money, space, or effort ot keep criminals in jail, then the death penalty wouldn't be an issue. Why kill them? Just throw them into the criminal box and close the lid, take them out in twenty years. But it doesn't work like that. There is money involved, and morals often take a back seat to dollar signs.

Either you have to concede a few innocent lives here and there, or a whole lot of money, time and effort into keeping these people off the streets.

In theory, I think the death penalty, like communism, is grand. Unfortunately, reality makes it suck the big one, and so we have life sentences, with chance of parole after fifteen years.
You believe in life as something that has a value... One of the things that comes from those old books of religion from which politicians base their moral values on also probably say that life has no price..
I'm sorry, I just can't believe you're advocating the capital punishment because you believe it'll make you pay less.. You'd rather save up that little bit of money(tax)...at the risk of killing an innocent person?
I think if you were wrongly accused of a crime you'd change your mind.
That tax you pay is in some sort, something you need to give in order to live in society...isn't it better that your money is actually used to keep those potentially dangerous isolated from the rest of society?
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Old 05-16-2005, 04:35 PM   #48 (permalink)
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Quote:
Originally Posted by martinguerre
Phage, you misquote me. The quoted material is my response to your first selection from Romans 6 by stating that you are not reading that from the passage, but into it.
Well it is hardly my fault if you cannot be bothered to state what you are talking about. Anyway, the point of my interpretation of Romans 6:23 was that God considered the appropriate punishment for sin to be death; this implies that God does not consider execution itself to be immoral. Linking the practice to be acceptable for men needed a different quote.

Quote:
Originally Posted by martinguerre
Your last line is both insulting and ill-informed. My argument begins with my assumptions (my confession of faith) and procedes from there, like any other argument ought to. The readers of TFP deserve more? That's a snide and snotty thing to say when you aren't even responding to the content of my postings.
Your argument might follow the correct pattern, but I refuted it simply by pointing out that your assumptions are by no means universally agreed on. The TFP is a multinational, multicultural, and most relevantly a multireligioned group. An argument that is based on assumptions many would not agree with is going to be useless to many on the forum, and I was suggesting that you find one with a more universal appeal.

In any case, we are moving far off the focus of the thread. My argument against your stance is that not only do I not agree with your line of reasoning after your assumptions, but that your assumptions are not always valid.
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Old 05-16-2005, 04:46 PM   #49 (permalink)
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Quote:
Originally Posted by willravel
It's arguable that anyone who kills is insanse, but I gave the system the benifit of the doubt as it is their call whether someone is legally sane or insane. Clearly the benifit of this coubt came back and bit me in the ass. What sane person would kill someone else? I can't think of a time where a sane person would kill someone else (besides self defence or accedent; neither of which are really a murder 1 charge).
I am not saying that someone who kills is insane, obviously there are some instances where a sane person would consider the risks or penalties for murder worth it. My point is that if they did not know it was wrong/against the law we would at least give them a lesser charge. Someone who is otherwise mentally stable but had no concept of right or wrong might be considered a sociopath, a form of mental sickness. The distinction is not that people who kill are insane, but that not knowing that killing was against the law/wrong would indicate insanity.

Quote:
Originally Posted by willravel
There is a difference between 'exhausting every reasonable doubt of innocence' and knowing someone is innocent for sure. Why kill if you aren't 100% sure? It's the finality of death that puts the death penalty in a much different catagory that any other punishment. History shows that second guessing at any point is not insane. It is just. People are exonerated from death row; some after execution. And I always check my mirrors and look about because there are a lot of kids in my neightborhood.
I wonder how much you can really "take back" any form of punishment. Obviously a fine is easy to refund but what about imprisonment? I don't know of any way to give people back their time.

Another thing to consider is if the worst you can do to someone is life imprisonment it puts anyone who has been convicted of such a crime into a very dangerous position. Once a person had committed such a crime once they would have absolutely no reason not to kill again; what more are you going to do to them?
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Old 05-16-2005, 05:53 PM   #50 (permalink)
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Quote:
Originally Posted by phage
In the end we have exhausted every reasonable doubt of innocence.
And yet innocent people still suffer it. Again, there is documentation that I will leave to those more adept than I at finding it. Being as death is final, the standard needs to be absolute, infallible certainty. The only way that happens is when some twisted fuck decides that he wants society to kill him (Tim McVeigh, anyone?) and goes and commits a capitol crime. Suicide by judge, with a media circus. So we have either the chance of convicting an innocent person in such a way that no restitution can be made when we discover our error, or we provide a platform and an exit for the truly evil among us.

I submit that is intolerable.
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Old 05-17-2005, 06:40 AM   #51 (permalink)
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Quote:
Originally Posted by Phage
Well it is hardly my fault if you cannot be bothered to state what you are talking about.
I had three paragraphs. You quoted three passages. They were in order. Forgive my disbelief, but i find it hard to understand how there was confusion.

Read beyond the single passage in Romans 6. This is cosmic, not particular. This is not about execution. There is no indication that idea is even remotely being addressed here. Paul is explaining that outside of salvation in Christ, that there is no life. I understand you have this particular reading in your head, but it's an isogesis not an exegesis. You take a principle, and read it in to the text. You are not starting with Paul's words, but a commitment to the death penalty. Paul was executed by state authorities, for what it's worth. According to Acts, he repents of his participation in one (that of Timothy, the first Christian marytr). How you get a death penalty advocate out of Romans is to torture your reading of the text.

Quote:
Your argument might follow the correct pattern, but I refuted it simply by pointing out that your assumptions are by no means universally agreed on. The TFP is a multinational, multicultural, and most relevantly a multireligioned group. An argument that is based on assumptions many would not agree with is going to be useless to many on the forum, and I was suggesting that you find one with a more universal appeal.
Thanks, but no thanks. Of course, TFP is not uniformally Christian. But there are Christians here, and there are people who contest what Christianity means here. I wrote to inform that section of debate, and for those who want to know....to explain why i had concluded an anti-death penalty ethic from Christian traditions and scriptures.

We're all carrying in assumptions about punishment, crime, justice, etc. Few are provable. Few are universal. We're stating assumptions, and the conclusions we draw. And that's not limited to religious perspectives.
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Last edited by martinguerre; 05-17-2005 at 06:43 AM..
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Old 05-17-2005, 07:50 AM   #52 (permalink)
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The argument has been made that the dath penalty may not be a deterrent, and there are also multiple studies that show most people who commit a murder will never commit another. Consider those like Jefferey Dahmer, could he ever have been a productive member of society again? Or all the serial sexual offenders who are released "despite reservations from prison officials" (I'd like to puke every time I see that in a story about a violent crime). I firmly beleive that some people cannot be rehabilitated, and don't see the point in allowing them to live.

If there is clear and convincing evidence, supported by criminal intent and a violent personal history, I beleive this is why we have a judicial system in place.

I find it very curious that those who oppose the death penalty for premeditated crimes, support the killing of unborn, who do not yet have rational or criminal thought. More than this, I can accept the legality of abortion, but then how can people be charged for the murder of an unborn child as in the recent Scott Peterson case?
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Old 05-17-2005, 07:58 AM   #53 (permalink)
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Quote:
Originally Posted by squirrelyburt
I find it very curious that those who oppose the death penalty for premeditated crimes, support the killing of unborn, who do not yet have rational or criminal thought. More than this, I can accept the legality of abortion, but then how can people be charged for the murder of an unborn child as in the recent Scott Peterson case?
i've never heard of people disagreeing with the death penalty in premeditated murders. that would be included in opposing the death penalty period. but there's a big difference between saying 'the death penalty is always wrong/immoral/whatever' and saying 'the death penalty for premeditated murder is wrong/immoral/whatever.' can you agree with that?

and scott peterson was charged with two counts of murder for two reasons. one was that there had been the intention by laci to carry the child to term (a weak argument in my opinion) and because pro-life advocates had managed to get a law on the books making a fetus to be conisidered as a second victim in a crime against a pregnant woman as a means to chip away roe.
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Old 05-17-2005, 09:54 AM   #54 (permalink)
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In my personal belief, I support the death penalty if it's not an abuse of power. If you've killed someone, then you should die. If you've raped someone, then you should die. Other than those two things that I can think of off the top of my head right now, should you be killed for.

If we don't, we'll just spend more tax dollars on opening new prison systems around the country.
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Old 05-17-2005, 11:34 AM   #55 (permalink)
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A hundred years from now we'll look back, scratch our heads and wonder what the hell we were thinking! As we evolve as a society, we'll begin to understand that putting people to death reflects who we are, and we're not going to like what we see. At one point we thought that burning witches at the stake was the right thing to do as well.

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Old 05-17-2005, 12:12 PM   #56 (permalink)
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Quote:
Originally Posted by MoJoPokeyBlue
A hundred years from now we'll look back, scratch our heads and wonder what the hell we were thinking! As we evolve as a society, we'll begin to understand that putting people to death reflects who we are, and we're not going to like what we see. At one point we thought that burning witches at the stake was the right thing to do as well.
Of course that was probably due more to most people not believing witches exist rather than a change in values. Cursing people and sacrificing/eating children would probably still be met with cries for death today.

What exactly do you mean by "putting people to death reflects who we are"? I don't see how your prediction of future popular opinion really addresses the underlying question of morality.
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Old 05-17-2005, 07:46 PM   #57 (permalink)
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I think that if we worked a bit harder, then the death penalty could be something I would vouch for. As is, I do not think it is a either useful deterent, or just. The continual assignment of innocents to the death penalty is reason enough to stop.

I think that the death penalty should not be assigned until after a couple of years (ie. 5-10) in prison. I believe that if the criminal still exhibits vicious or malevolent behaviour and intent while incarcerated, and also shows no signs of rehabilitation, then perhaps it would be best if they were put on death row. I realize that this is much more effort, and relies much upon psychology and sociology, but I believe that it would be a better method than what is currently used.

I also think that the religious arguments ought not be used in a debate of such matter. I think that there are much better arguments from both sides that don't rely on ancient texts. (I'm not saying that religious views shouldn't be expressed, I'm just saying that "The Bible says it's okay" wouldn't really hold up in real philosophy)
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Old 05-22-2005, 01:15 PM   #58 (permalink)
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I have no moral objection to executing people who are guilty of heinous crimes. But personally, I think people convicted of crimes that would warrant capital punishment should be given a choice: They can choose to be executed, or they can choose to spend the rest of their lives in prison doing hard labor.

The anti-death penalty advocates will have scored a victory in the sense that criminals are no longer being put to death against their will. And we can use the prison labor to perform tasks at a much lower cost than hiring regular employees.
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Old 05-22-2005, 01:27 PM   #59 (permalink)
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Quote:
Originally Posted by MoJoPokeyBlue
A hundred years from now we'll look back, scratch our heads and wonder what the hell we were thinking! As we evolve as a society, we'll begin to understand that putting people to death reflects who we are, and we're not going to like what we see. At one point we thought that burning witches at the stake was the right thing to do as well.

MoJo
I really don't see how this is a valid comparison. In this day and age the government isn't executing people for practicing alternative religions. Because people were wrongfully executed once upon a time, it is totally unacceptable to execute anyone ever again? Hey; governments used to imprison people for all sorts of ridiculous "crimes", and still do in some places. Does that mean we should never again put anyone in prison?
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Old 05-22-2005, 02:41 PM   #60 (permalink)
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Originally Posted by Galt
I have no moral objection to executing people who are guilty of heinous crimes. But personally, I think people convicted of crimes that would warrant capital punishment should be given a choice: They can choose to be executed, or they can choose to spend the rest of their lives in prison doing hard labor.

The anti-death penalty advocates will have scored a victory in the sense that criminals are no longer being put to death against their will. And we can use the prison labor to perform tasks at a much lower cost than hiring regular employees.
If someone kills, say my wife, and is caught, he should get a choise of either death or working?

Pardon me while I think thats nuts.

I don't want murderers turned into slaves of the state, I want revenge and justice, and to me an eye for an eye works out nicely for murder.
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Old 05-22-2005, 06:04 PM   #61 (permalink)
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Quote:
Originally Posted by Ustwo
If someone kills, say my wife, and is caught, he should get a choise of either death or working?

Pardon me while I think thats nuts.

I don't want murderers turned into slaves of the state, I want revenge and justice, and to me an eye for an eye works out nicely for murder.
I wouldn't have any moral objection to executing people guilty of things like pre-meditated murder, mass murder, or even attempted murder. I was just offering a solution that would "throw a bone" to people with differing views on the issue. Some criminals would choose to live, which would make death penalty opponants happy. Some would choose to die, which would make death penalty advocates happy. Those who chose to live would do things like cleaning up trash on freeways, building security fences along our porous border, etc., which should make a lot of people happy.
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Old 05-22-2005, 07:03 PM   #62 (permalink)
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Quote:
Originally Posted by Galt
I wouldn't have any moral objection to executing people guilty of things like pre-meditated murder, mass murder, or even attempted murder. I was just offering a solution that would "throw a bone" to people with differing views on the issue. Some criminals would choose to live, which would make death penalty opponants happy. Some would choose to die, which would make death penalty advocates happy. Those who chose to live would do things like cleaning up trash on freeways, building security fences along our porous border, etc., which should make a lot of people happy.
No I would be most unhappy if they are given this 'choice'. Did they give their victims a choice?

We have plenty of good old fashioned criminals to work in the chain gangs.
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Old 05-22-2005, 07:48 PM   #63 (permalink)
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Quote:
Originally Posted by Ustwo
No I would be most unhappy if they are given this 'choice'. Did they give their victims a choice?

We have plenty of good old fashioned criminals to work in the chain gangs.
Well, you can't please everybody. And try to keep in mind that our prison system doesn't exist for the purpose of enabling people to seek personal revenge against the criminals who've wronged them.
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Old 05-22-2005, 08:50 PM   #64 (permalink)
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Quote:
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Well, you can't please everybody. And try to keep in mind that our prison system doesn't exist for the purpose of enabling people to seek personal revenge against the criminals who've wronged them.
The system is mostly punative. Rehabilitation is a happy dream not a reality, nor are prison sentances based on the thought of 'how long will it take to rehabilitate'.

Its punishment and as such, a great many of us think that the punishment for murder should be death.
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Old 05-23-2005, 03:25 AM   #65 (permalink)
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Is this really so complicated an argument?

1. Society in general holds that "killing is wrong". Can we all agree on that? Seems a bit ironic that this is both the rationale for and against the death penalty! Also note that this is a prerequisite to administering the death penalty; that the perpetrator know (or more accurately accept society's opinion) that killing is wrong.

2. Assuming 1 is true, then the death penalty can be looked to as serving one or two broad purposes:

A. As a deterrent by threatening to take the life of someone who kills indiscriminately; based on the assumption that the perpetrator must value his life and therefore the fear of loosing it (if caught) outweighs the desire to kill.

B. Provides for "just punishment" and retribution of said crime committed. This could be both vengeful and also serve as a social purification process - i.e. if society holds that killing is wrong, then eliminating those who do not accept this maintains order and discipline.

The problem of course is accepting the judgment of society as authoritative in carrying out the sentence of death. It becomes nearly impossible (and distasteful) to accept this responsibility, therefore we (society) revert to religion for an answer; seeking out a divine arbitrator to decide for us so we don't have to.

It's logically quite simple, I'd think. Removing religion from the equation you're forced to rely on society's determination that "killing is wrong" and should not have any issue accepting society's means to enforcing the rule. There are countless other "wrong" things mentioned in Christianity, which seems to be the general focus of the thread - yet none of these seem to be nearly as debated as the death penalty. I've yet to see a thread about the legal ramifications of not "Honoring thy Mother and Father"...it’s this dichotomy of enforcing religious rules that to me, renders the religious factor nearly invalid – merely an attempt to escape accepting responsibility as a society.

Consider this: A person who admittedly kills indiscriminately, professing that they know full well that society holds that this is "wrong". In other words, this person is mentally capable of accepting social norms and otherwise belonging to our society, but actively chooses not to.

At this point we (society) have one of two broad choices to make. They are:

1. Ignore this person and allow them to kill indiscriminately at will.

2. Remove them from society.

No one seems to have an issue with choosing number 2, yet it's number 2 that causes so much confusion. Here we have two more broad choices:

1. Lock the person up indefinitely, thereby effectively removing them from society until they fully accept the social norm that "killing is wrong". By the way, we'll pay lots of money for this...

2. Kill them and be done with it.

If you accept that this decision is ultimately based on the enforcement of a social (not religious) rule and is intended to serve for the betterment of society in general, then I’d say that the choice is clear.

You decide.
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Last edited by tiberry; 05-23-2005 at 03:29 AM..
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Old 05-23-2005, 06:35 AM   #66 (permalink)
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Quote:
Originally Posted by tiberry
1. Society in general holds that "killing is wrong". Can we all agree on that?
Unfortunately there is the rub. Some people argue that killing is inherently wrong in all cases while others take the position that "murder" is wrong. Those arguing that killing is wrong in all cases usually do so using religion as a justification, and may as you said be using it as an escape from responsibility.

The thread title might be misleading because it asks if the death penalty is "Right or Wrong". Defining morality in my view requires using religion, and I think it is obvious that even if a majority hold a religious view we should not implement it as law unless it also fills a valid social need independent of religion. However, the first post also is "looking for some really good, concrete reasoning for either side," which the pro-death penalty side has provided in deterrent, punishment, simple removal of a problem, and revenge. I have not seen any religion-independent well-reasoned arguments against the death penalty yet, so I am starting to think that there is not one.
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Old 05-23-2005, 07:43 AM   #67 (permalink)
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I'm going to try and make a (I hope) well reasoned, non religious argument against the death penalty, or at least against the way it is imposed at the moment.

I think it's fair to say that the arguments for the penalty seem reasonable:
1) It's cheaper than locking someone up for the rest of their life
2) It provides a sense of closure and retaliation for the victim's loved ones

And while I might argue for rehabilitation, and believe that everyone has the ability to change, and become better people, I accept the fact that there will be those that it would be prohibitively expensive and time consuming to rehabilitate to a safe degree.

I bow to those who point out the dangers of an inaccurate system, and further, the ease with which a state can shift the seriousness of the crime that warrants the penalty if that penalty already exists (the thin wedge argument)

However, the thing that really makes me feel that the death penalty is wrong is the way it is carried out by the state. If the primary reason is to remove someone from society because of the harm they may have done to a victim's family, is it right to ask a government employee to perform the act of execution?

In firing squads, they used to mix a blank bullet in amongst the live ones, so that soldiers could take solace in the notion that their bullet was a harmless one. But what does the executioner have to soften his conscience? He must occasionally have a dread that just maybe he got the wrong man, or some other guilty feelings. Perhaps not, but I think it's a tough state that asks one of its citizens to perform these duties.

Should the victim's families get the opportunity to press the button? It kind of makes sense, there are those who feel that vengeance is something required, and for those people, perhaps they would feel better pulling a trigger, or performing the final injection. In some societies, the use of stoning allowed for a community to share the responsibility of execution among themselves collectively. While in some sharia law jurisdictions, those closest to the victim are asked to commit a retributive act in keeping with the original offense. This means that a husband may be asked to stab the killer of his wife the same number of times the killer did in the the original murder. In some ways this makes sense, and allows the victims families to choose how to punish or forgive those that trespassed against them - but it makes me feel uneasy somehow.

And yet, perhaps this is the best way to deal with the hurt - it does at least leave room for forgiveness.

My overall point is that I feel it is unfair for the state to perform our acts of vengeance for us - If we wish for revenge, we have the freewill to act it out for ourselves - Yes we may be punished for it, because society doesn't function on a system of revenge and vendetta. If the need remains, then perhaps it should be controlled rather than exaggerated, and it should remain personal, rather than something doled out vicariously and anonymously by the state.
 
Old 05-23-2005, 08:00 AM   #68 (permalink)
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Quote:
Originally Posted by zen_tom
...is it right to ask a government employee to perform the act of execution?
That is the beauty of technology; we can have several switches that when all activated perform the execution making it truly a group effort, or even have a randomizer attached which will selectively ignore the signals from random buttons. There is no requirement to have a single person pulling the switch, but even then there are people out there who would not dwell on the "what if". I am sure psychological care for those working on death row is top notch, and nobody is "forced" to work there.
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Old 05-23-2005, 08:15 AM   #69 (permalink)
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Quote:
Originally Posted by tiberry
2. Kill them and be done with it.
studies have shown that it costs a lot more money to kill someone than it does to lock them up for life. links have been posted previously in the thread (if they haven't, i'll do it later, but don't have the time right now).

Quote:
Originally Posted by Phage
However, the first post also is "looking for some really good, concrete reasoning for either side," which the pro-death penalty side has provided in deterrent, punishment, simple removal of a problem, and revenge. I have not seen any religion-independent well-reasoned arguments against the death penalty yet, so I am starting to think that there is not one.
again, links posted earlier in the thread. studies have shown that the death penatly is a) not a deterrent, b) costs more than life in prison.

both life without parole and death penalty remove them from society and punish them.

and how is revenge something that the justice system is supposed to deliver? does that mean we should start making the punishment for rape be rape?

especially considering innocent people have and will be put to death, i have yet to see a valid argument from the pro-death penalty side.
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Old 05-23-2005, 09:47 AM   #70 (permalink)
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Quote:
Originally Posted by hannukah harry
studies have shown that it costs a lot more money to kill someone than it does to lock them up for life. links have been posted previously in the thread (if they haven't, i'll do it later, but don't have the time right now).
We are talking about the morality of the death penalty, not about the cost the that it currently translates into. In theory it should be much cheaper to kill someone rather than feed and house them for their natural life, but there is a lot of extra care and second chances put into the death penalty process. Just because it costs more at the moment should not make it immoral.

Quote:
Originally Posted by hannukah harry
studies have shown that the death penatly is a) not a deterrent,
These studies are by no means unanimous, but we can intuitively predict some problems with a maximum punishment of life imprisonment. Someone imprisoned for life still has the possibility of escape, or can quite often attack fellow prisoners or jailers as there is nothing worse to be done to them.

For instance, if both kidnapping and murder have the penalty of life imprisonment then what reason is there for a kidnapper to ever let a victim go?

Quote:
Originally Posted by hannukah harry
and how is revenge something that the justice system is supposed to deliver?
I am not saying that I think revenge is a good motive, but it is something that many people feel the need for. It has been noted as a reason before, so I mentioned it.
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Old 05-23-2005, 12:23 PM   #71 (permalink)
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Quote:
Originally Posted by Phage
I am not saying that someone who kills is insane, obviously there are some instances where a sane person would consider the risks or penalties for murder worth it. My point is that if they did not know it was wrong/against the law we would at least give them a lesser charge. Someone who is otherwise mentally stable but had no concept of right or wrong might be considered a sociopath, a form of mental sickness. The distinction is not that people who kill are insane, but that not knowing that killing was against the law/wrong would indicate insanity.
There is a difference between a sane person considering murder in a fantasy and an unstable person planing murder, so let's get that out of the way. I suppose we all have let our baser nature get the best of us when we considered running that jerk in the Miata off the road for cutting you off. That is different than buying knives and rope in preperation for killing the guy in the Miata after following him home. Can both know what they are doing is wrong? Of course. Are they both sane because they know it's wrong? Nope. You do not have to be sociopathic in order to be found legally insane. I would argue that the second person is insane. Like I said before, I would argue that anyone who has ever cvommitted murder outside of self defence or accident is mentally and socially deficient in some way.
Quote:
Originally Posted by Phage
I wonder how much you can really "take back" any form of punishment. Obviously a fine is easy to refund but what about imprisonment? I don't know of any way to give people back their time.
It's less 'taking back' and more 'allowing to reenter society and go on living'.
Quote:
Originally Posted by Phage
Another thing to consider is if the worst you can do to someone is life imprisonment it puts anyone who has been convicted of such a crime into a very dangerous position. Once a person had committed such a crime once they would have absolutely no reason not to kill again; what more are you going to do to them?
If one has been given a life sentence, the only people he/she can murder are prison guards and staff, and other prisoners. A life term of solitary confinement without the possibility of parole would rule out further murders. I cannot morally justify the death penalty, so I am against it. If you have different morals, you're decision might be different. To each their own.
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Old 05-23-2005, 12:33 PM   #72 (permalink)
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Very interesting points on both side.

My own belief comes down to a point made several times - the death as a punishment is wrong.

My reasoning is that if it is wrong for an individual to kill, it must be MORE wrong for the state (with so many more resources, and so much more chance to think its actions through) to kill.

The state doesn't need to kill in self defence - it just needs to remove anyone with murderous intent from society.

That said - touch my daughter, you die.
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Old 05-23-2005, 10:10 PM   #73 (permalink)
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Quote:
Originally Posted by Phage
Just because it costs more at the moment should not make it immoral.
if there's any chance that we're putting an innocent person to death, then it's immoral.


Quote:
Originally Posted by Phage
These studies are by no means unanimous, but we can intuitively predict some problems with a maximum punishment of life imprisonment.
can we? you're right, they aren't unanimous, but you're predictions are rather far fetched and silly. yeah, someone imprisoned for life can kill another inmate, but so can someone serving 10-15 for drug dealing. consider how many people are currently serving life terms. and how many prisoner muders do you hear of? my guess is very few. i'll admit right now i've not looked into numbers, nor am i going to. if you wish to really make this claim, you can back it up with evidence, otherwise, anecdotal evidence of not hearing about many (and my assumption is that many/most prison murders is from prison gangs) is better than your hypothosis.



Quote:
Originally Posted by Phage
Someone imprisoned for life still has the possibility of escape, or can quite often attack fellow prisoners or jailers as there is nothing worse to be done to them.
well, attack fellow prisoners and it's possible that there will be retaliation. attack a jailer and you'll end a) getting the shit kicked out of you on a regular basis, and b) solitary, and any other nastiness that they can throw at you. you may be alive, but they can make you wish you weren't.


Quote:
Originally Posted by Phage
For instance, if both kidnapping and murder have the penalty of life imprisonment then what reason is there for a kidnapper to ever let a victim go?
well, for one, death penatly isn't a given. i did a quick google and found that the under the federal law, death penalty can be asked for in a kidnapping, but it's not a given. murder the kidnappee and you're sure to get teh death penatly sought. treat the kidnapped person well, release them alive, and it's likely you can get away without the death penalty if caught. one way guaruntees it, the other reduces the likelyhood of it. if you're gonna get caught, do you want to make your situation better or worse?


Quote:
Originally Posted by Phage
I am not saying that I think revenge is a good motive, but it is something that many people feel the need for. It has been noted as a reason before, so I mentioned it.
which is why i mentioned the cost...

now for some other info on it being a deterrence (which is probalby one of the most important aspects in deciding if the DP is right or wrong)...

Quote:
http://www.deathpenaltyinfo.org/arti...id=167#STUDIES

Capital Punishment and Deterrence: Examining the Effect of Executions on Murder in Texas. Authors John Sorenson, Robert Wrinkle, Victoria Brewer, and James Marquart examined executions in Texas between 1984 and 1997. They speculated that if a deterrent effect were to exist, it would be found in Texas because of the high number of death sentences and executions within the state. Using patterns in executions across the study period and the relatively steady rate of murders in Texas, the authors found no evidence of a deterrent effect. The study concluded that the number of executions was unrelated to murder rates in general, and that the number of executions was unrelated to felony rates. (45 Crime and Delinquency 481-93 (1999)).

-------------------------------------------
Deterrence, Brutalization, and the Death Penalty: Another Examination of OklahomaÕs Return to Capital Punishment. In this study, author William Bailey speculated that if executions had a deterrent effect in Oklahoma, it would be observable by comparing murder rates and rates of sub-types of murder, such as felony-murder, stranger robbery-related killings, stranger non-felony murder, and argument-related killings, before and after the resumption of executions. Bailey examined the period between 1989 and 1991 for total killings and sub-types of killing. After controlling for a number of variables, Bailey found that there was no evidence for a deterrent effect. He did, however, find that there was a significant increase in stranger killings and non-felony stranger killings after Oklahoma resumed executions after a 25-year moratorium. (36 Criminology 711-33 (1998)).

------------------------------------------

Effects of an Execution on Homicides in California. Author Ernie Thompson examined criminal homicides in Los Angeles before and after CaliforniaÕs execution of Robert Harris in 1992, the stateÕs first execution after a 25-year moratorium. Thompson found slight increases in homicides during the eight months following the execution. (3 Homicide Studies 129-150 (1999)).

---------------------------------------------

The Geography of Execution: The Capital Punishment Quagmire in America. Keith Harries and Derral Cheatwood studied differences in homicides and violent crime in 293 pairs of counties. Counties were matched in pairs based on geographic location, regional context, historical development, demographic and economic variables. The pairs shared a contiguous border, but differed on use of capital punishment. The authors found no support for a deterrent effect of capital punishment at the county level comparing matched counties inside and outside states with capital punishment, with and without a death row population, and with and without executions. The authors did find higher violent crime rates in death penalty counties. (Rowman and Littlefiled Publishers, Lanham, MD (1997))
Quote:
http://www.deathpenaltyinfo.org/arti...id=12&did=1176

(this is linked from the previous page)

not gonna post the whole thing, the gist of it is that comparative models about whehter the DP deters murder consistently show the DP has no effect on murder rates, while econometeric models are inconsistent in showing a deterence (because they don't really model the real world well, if i skimmed it correctly)
Quote:

WARNING! PDF FILE AHEAD!!!
http://preprints.stat.ucla.edu/396/JELS.pap.pdf

Abstract: A number of papers have recently appeared claiming to show that
in the United States executions deter serious crime. There are many
statistical problems with the data analyses reported. This paper addresses
the problem of “influence,” which occurs when a very small
and atypical fraction of the data dominate the statistical results. The
number of executions by state and year is the key explanatory variable,
and most states in most years execute no one. A very few states in particular
years execute more than 5 individuals. Such values represent
about 1% of the available observations. Re-analyses of the existing
data are presented showing that claims of deterrence are a statistical
artifact of this anomalous 1%.
anyone know what 'aggrivating factors' are? for the four states that have kidnapping as a crime punishable by death, it is 'aggravated kidnapping' or 'kidnapping with aggravating factors.'

Quote:
http://www.deathpenaltyinfo.org/arti...id=144&scid=10

Crimes Punishable by the Death Penalty... list by state

i looked at the information at www.prodeathpenalty.com. and not surprisingly, they have some abstracts to articles posted that say there is a deterrent effect.

based on what i've read on both sites, i have to say that i don't think there is a deterrent effect. the pro-death site mentioned that:
Quote:
Opponents of the death penalty argue that:

* those contemplating criminal activities do not rationally weigh the benefits and costs of their actions,
* the costs associated with obtaining a death penalty conviction are larger than the costs associated with providing lifetime imprisonment,
* in a world of imperfect information, innocent individuals may be convicted and executed before exonerating information is discovered, and
* the death penalty has disproportionately been applied in cases in which the defendant is nonwhite or the victim is white.
and the first star i think is very accurate. if i were committing a crime, i would consider what i was gonna get out of it (a tv?) versus whether or not i would get caught. i don't care if it would be probation, 2 years or 10 years. i also wouldn't differentiate between life w/out parole and the DP. it's 'can i get away with this or not?' the DP won't deter me, life in jail is the same as losing my life, but i have to live till i die naturally knowing that i threw my life away.
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Old 05-24-2005, 10:00 AM   #74 (permalink)
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A big problem with the death penalty is that as a deterant, I'm not so sure it works. I used to think thatwas because the process was so long and dragged out that it kind of loses its potency. But then, I look at societies that have immediate executions (Saudi Arabia, China), it does not appear that capital punishment is effective (I don't have any hard sources guys, bear with me).

In China, it is carried out immediately upon sentencing (Texas could learn a thing or two from the chinese). It is really cheap - a bullet to the back of the head, billed to the family. Murders, rapist, govt. official who are corrupt - I really like this one. Can you imagine cleaning house in the US? If it were punishable by death then all the Ken Lays etc. Maybe the US would really be good).

But still, crime is not so low there. What about Japan? Isn't their crime rate low? do they have death penalty? Saudi Arabia - man, I would be scared to visit there let alone live there or comit a crime they are so oppressive. but yet, they have a whole bunch of crazies doing crazy things all the time - rape, murder etc.

Capital punishment still doesn't seem to work.

As far as satisfying revenge? I don't know, it doesn't bring your loved one back. Because, I would want the death penalty for drunk drivers, the one who kills my pregnant wife. And I;m not sure I would be any less grieved. Whether it was cold-calculated murder or a stupid, stupid negligent "murder", I would want that guy to be punished too, in theory. So if death penalty for Scott Peterson, then death penalty for the drunk driver or stupid teenage girl on the cell phone driving an SUV without a license who runs over my pregnant wife. And that gets really tricky.

Personally, I think the death penalty is too easy. Some of those a-holes want to be executed!! F that man,! I say 50 years hard labor in the mines at $.50 hour. Then every week he has to mail a check for half or two-third his earnings to the family as restitution. Something like that, you get the point.
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Old 05-25-2005, 02:18 AM   #75 (permalink)
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Well Harry, I'll have to say that you're pretty thorough in presenting evidence supporting other's acceptance of your beliefs. Let me ask you:

Are your beliefs influenced by the apparent preponderance of evidence showing that others share your beliefs or are you firm in your beliefs regardless of what a skilled (and determined) researcher/debator can assemble?

I'm willing to postulate that if I or someone else were determined enough, we could produce just as much evidence supporting the DP as you've presented against it - thereby reducing it to a function of determination and debating prowess.

I don't mean to be confrontational - I respect your thoroghness and to make decisions in the absence of fact would be silly. Just wondering what your "gut feeling" tells you.
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Old 05-25-2005, 08:47 AM   #76 (permalink)
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Quote:
Originally Posted by tiberry
Well Harry, I'll have to say that you're pretty thorough in presenting evidence supporting other's acceptance of your beliefs. Let me ask you:

Are your beliefs influenced by the apparent preponderance of evidence showing that others share your beliefs or are you firm in your beliefs regardless of what a skilled (and determined) researcher/debator can assemble?

I'm willing to postulate that if I or someone else were determined enough, we could produce just as much evidence supporting the DP as you've presented against it - thereby reducing it to a function of determination and debating prowess.

I don't mean to be confrontational - I respect your thoroghness and to make decisions in the absence of fact would be silly. Just wondering what your "gut feeling" tells you.

my beliefs are my beliefs. that others happen to share them is irrelevant. in my gut, i think it's wrong for the state to execute prisoners. it makes us no better than them. if you want to live in a society with one foot in the past, that's your decision, but one i don't support. innocents have been exonerated after the execution has been carried throuhg. the money spent on prosecuting those cases could be put to better uses. the deterrent effect doesn't seem work. i have looked at the studies that say it does and i find myself unconvinced. (i don't feel the need to post the pro-death side, this isn't an essay after all). i don't see a reason to support the death penatly other than for revenge, and that's far from a compelling reason.
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Old 05-26-2005, 06:05 PM   #77 (permalink)
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Quote:
Originally Posted by Ustwo
The system is mostly punative. Rehabilitation is a happy dream not a reality, nor are prison sentances based on the thought of 'how long will it take to rehabilitate'.

Its punishment and as such, a great many of us think that the punishment for murder should be death.
I agree. I'm just saying that we should make a point to maintain an objective standard for handing out punishment to criminals.
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Old 05-26-2005, 06:26 PM   #78 (permalink)
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Perhaps if we take away all the TVs, VCRs, books, computers, ball games, book deals and such in prison, then far less real crimminals would be willing to do a crime that gets them life in prison. IMHO there are way too many prisons that are a guarenteed "3 square meals a day" and time to relax in a cell that has all the accoutrements of most people's living room! The stats state that most hardened criminals DO return to prison...even after they do the time and act like the have been rehabilitated. As for adeath penalty....only if the criminal is proven guilty without a speck of doubt....that's the hard one for the courts & juries these days. Proof vs. a mighty good lawyer.
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Old 05-26-2005, 07:52 PM   #79 (permalink)
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It seems most of you are saying an eye for an eye... let the punishment fit the crime.
There has also been some talk about the $ cost $ of the criminal in relation to the punishment.
I say it CAN BE and SHOULD BE that simple... there should be no doubt (in the prosecution), no hesitation (in carrying out the sentence), and no second chances.
Lastly, don't over think the issues. That's how mediocrity creeps in.

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Old 05-27-2005, 07:36 AM   #80 (permalink)
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Quote:
Originally Posted by DukeNukem4ever
Lastly, don't over think the issues. That's how mediocrity creeps in.
Seriously, don't overthink the death penalty, what sort of statement is that - quick kill them before I resolve my thoughts and change my mind
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