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Author Topic:   Nobel Prize vs Proof that the Death Penalty MUST kill innocents
Silent H
Member (Idle past 5840 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 226 of 236 (279679)
01-17-2006 1:45 PM
Reply to: Message 225 by jar
01-17-2006 1:17 PM


Re: How far does Tentativity stretch?
The examination of evidence to convict someone of a crime is not what is being questioned.
Yet...
we have a history of making incorrect judgements in criminal cases.
So it is part of the equation. And then...
The issue is what actions we will take after that determination.
Which you say is...
if we choose to implement the death penalty as a sanction, there is currently no reversibility and no likelyhood that there will be a likelyhood of reversibility within the next few decades.
and...
IMHO it simply makes good sense to choose the options that give us the greatest future flexibility.
But for schiavo pulling the plug certainly led to irreversible death. You yourself admit...
We could store her in the hope that at some time we would have the technology to restore her to life. While that is certainly possible, it's also unlikely that anytime in the next few decades we will have that capability.
So then what option gives us the GREATEST future flexibility? Pulling the plug so that she could never be revived (btw you are putting words in the doctors mouths to say "restore to life") if such a technology develops, or keeing her in her ongoing state just in case technology is there.
By the way, I like how you skim over that what her wishes were were not clear and formed a good part of the trial... again based on evidence which could be flawed.
In any case, you avoided the main question posed to you which was about differing levels of tentativity between types of cases. Why is medical diagnosis (established by court finding) set to a different bar than criminal conviction?

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 225 by jar, posted 01-17-2006 1:17 PM jar has not replied

  
Jazzns
Member (Idle past 3932 days)
Posts: 2657
From: A Better America
Joined: 07-23-2004


Message 227 of 236 (279706)
01-17-2006 4:00 PM
Reply to: Message 225 by jar
01-17-2006 1:17 PM


Re: How far does Tentativity stretch?
I understand your subjective reasoning behind the two differences and I happen to agree with you. I think the confusion boils down to:
In that case the answers were that the will of the subject was not to be maintained in a vegetative state and that she really was dead already.
THere is obviously no application of tentativity with regards to both procedural issues such as "will of the subject" or technical issues such as "really was dead already".
I can only concieve of two ways you can properly argue against this. One would be to point out the tentativity that I am not seeing. The other would be to explain the disparity.
I feel that holmes might be putting you off by seemingly calling you a hypocrite. I hope I am not doing the same.

No smoking signs by gas stations. No religion in the public square. The government should keep us from being engulfed in flames on earth, and that is pretty much it. -- Jon Stewart, The Daily Show

This message is a reply to:
 Message 225 by jar, posted 01-17-2006 1:17 PM jar has replied

Replies to this message:
 Message 228 by jar, posted 01-17-2006 4:05 PM Jazzns has replied

  
jar
Member (Idle past 415 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 228 of 236 (279711)
01-17-2006 4:05 PM
Reply to: Message 227 by Jazzns
01-17-2006 4:00 PM


Re: How far does Tentativity stretch?
No, not at all. As I have said to Holmes, all I can do is try to explain my perceptions. That's all.

Aslan is not a Tame Lion

This message is a reply to:
 Message 227 by Jazzns, posted 01-17-2006 4:00 PM Jazzns has replied

Replies to this message:
 Message 229 by Jazzns, posted 01-17-2006 4:36 PM jar has replied

  
Jazzns
Member (Idle past 3932 days)
Posts: 2657
From: A Better America
Joined: 07-23-2004


Message 229 of 236 (279720)
01-17-2006 4:36 PM
Reply to: Message 228 by jar
01-17-2006 4:05 PM


Re: How far does Tentativity stretch?
So just plainly you feel that the different situations subjectivly require different degrees of tentativity?
If no is there an abstract reason that eliminates the subjectivity?

No smoking signs by gas stations. No religion in the public square. The government should keep us from being engulfed in flames on earth, and that is pretty much it. -- Jon Stewart, The Daily Show

This message is a reply to:
 Message 228 by jar, posted 01-17-2006 4:05 PM jar has replied

Replies to this message:
 Message 231 by jar, posted 01-17-2006 4:50 PM Jazzns has not replied

  
docpotato
Member (Idle past 5068 days)
Posts: 334
From: Portland, OR
Joined: 07-18-2003


Message 230 of 236 (279725)
01-17-2006 4:44 PM
Reply to: Message 48 by Silent H
04-12-2005 2:11 PM


Re: Are you sure?
bah. Posted before reading the SUPER LONG thread. LOOK AWAY! FOR THE LOVE OF GOD! IT'S EVIL!
This message has been edited by docpotato, 01-17-2006 04:18 PM

"In Heaven, everything is fine."
The Lady in the Radiator
Eraserhead
One Movie a Day/Week/Whenever

This message is a reply to:
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jar
Member (Idle past 415 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 231 of 236 (279727)
01-17-2006 4:50 PM
Reply to: Message 229 by Jazzns
01-17-2006 4:36 PM


Re: How far does Tentativity stretch?
So just plainly you feel that the different situations subjectivly require different degrees of tentativity?
Sure. Every situation carries it's own needs and weights. I have said throughout that the two examples given were unique, and should be judged individually.

Aslan is not a Tame Lion

This message is a reply to:
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Ben!
Member (Idle past 1419 days)
Posts: 1161
From: Hayward, CA
Joined: 10-14-2004


Message 232 of 236 (281068)
01-23-2006 10:11 PM
Reply to: Message 217 by Silent H
01-17-2006 5:10 AM


Re: Ben says, "Demanding certainty for the death penalty is a double-standard."
Finally getting around to posting on things I haven't had time for...
I do not understand how he is able to get away with this activity. This is obviously no different than what randman and faith have done and been censured for. When confronted with arguments they just assert they are right and others are wrong and it is obvious (or should be obvious to us)... then they disappear, only to reappear somewhere else to reassert as if there had been no challenge.
I don't know. Reading through jar's later comments, it seems he's being straightforward.
I find jar to be pretty responsive to questions. And I know he strongly believes that a belief which isn't examined isn't worth holding. So if something that he says doesn't make sense, I'd continue to ask about it, where it comes from, why that makes sense, etc.
Sometimes there's a failure to understand. I just assume that's what's happened between jar and I here. It wouldn't be the first time that happened. But I don't feel it's been through obfusciation.
Or just go into chat and ask jar there. He's usually around. Maybe that'd help in understanding where he's coming from.
Am I offbase in feeling this is not proper?
Well, one thing is that ... it's the Coffee House. Things are less about formal debate here. So in the Coffee House... I think we choose our roles in participation much more, and don't need to feel obligated to follow through 'till the bitter end, or to substantiate beliefs before stating them over and over.
For me, jar was just trying to explain his POV. I understand the POV, but I don't understand why he holds it. Could be a failure to communicate, could be it's just irrational, could be that he wanted to state his ideas in his terms, could be lots of things.
But it's the Coffee House. And I think jar tried to make things clear. I just chalk it up as a failure to connect. That seems fine to me. We failed; better luck next time. Maybe I'll figure it out through indirect means sometime later. I don't feel any sense of urgency to understand jar's view on the death penalty better. In time is fine.

This message is a reply to:
 Message 217 by Silent H, posted 01-17-2006 5:10 AM Silent H has replied

Replies to this message:
 Message 233 by Silent H, posted 01-25-2006 5:15 AM Ben! has not replied

  
Silent H
Member (Idle past 5840 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 233 of 236 (281425)
01-25-2006 5:15 AM
Reply to: Message 232 by Ben!
01-23-2006 10:11 PM


final explanation
Mmmm... not wanting to create some subthread on jar. I will explain my position and leave it at that.
I find jar to be pretty responsive to questions
In general I find him to be an okay poster. But like many here, there are some issues where there is no response to questions and indeed obfuscation. This to my mind seems one of them. I don't see how I can get any more out of him than as I have tried already.
It is certainly not that I think Jar is some atrocious example of this behavior, only that he is engaging in the exact same behavior which does get criticized in others. I do not believe people like buz, rand, or faith are any less straightforward, and they seem pretty responsive to questions. I do see an inconsistency in believing they would be less honest than jar.
For me, jar was just trying to explain his POV. I understand the POV, but I don't understand why he holds it.
Anybody that comes on and says, "I feel X", I have no issue with and will not make commentary or criticism about. However Jar is using his position to refute arguments against other positions, and also implying the use a logical system to reach his conclusion.
IF his position is arbitrary or just "an opinion", then the overall argument ends in my favor. He will not concede that reality. Therein lies the problem.
I mean maybe he does have some logic he is not exposing, and maybe it makes everything okay, but the point is an argument has been advanced and as far as he is allowing to be examined, his position does not hold up. And then he later reasserts the original claim/opinion which was in dispute, only to wave "opinion" again when it comes into question.
That technique does not hold water for anyone else. I'm not asking him to be censured in any way, just pointing it out.

holmes
"If you're going to kick authority in the teeth, you might as well use two feet. " (K.Richards)

This message is a reply to:
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joshua221 
Inactive Member


Message 234 of 236 (281487)
01-25-2006 10:45 AM
Reply to: Message 1 by Silent H
04-12-2005 5:38 AM


quote:
Am I correct that this would be enough for us to be certain he is guilty and that there is no chance (beyond him setting himself up) he could be innocent?
It seems like you are mildly advocating for the death penalty's effectiveness in a given situation.
You forget the fact that all of us are innocent, and that the death penalty, is a primitive method of dealing with those who go against moral codes designed by man. A method that lacks forgiveness, and is cruel. I don't agree with your statement because it makes it seem like there is no other viable option to deal with a murderer, why would you murder a murderer, it doesn't make any sense to me. As much as I enjoy Clint Eastwood, and the ruggedness, the fear put into into individuals by laws of this kind to murder, or to go against society, I still think that these kinds of laws are outdated, primitive, and that type of ruggedness displayed in these laws is a Hollywood characteristic.
Yet then again, I would not want to see anyone I know and love, murdered, I would not have them killed though, that is unjust, because all people are innocent in the eyes of God.
This message has been edited by prophex, 01-25-2006 10:50 AM

This message is a reply to:
 Message 1 by Silent H, posted 04-12-2005 5:38 AM Silent H has replied

Replies to this message:
 Message 236 by Silent H, posted 01-25-2006 11:23 AM joshua221 has not replied

  
joshua221 
Inactive Member


Message 235 of 236 (281488)
01-25-2006 10:49 AM
Reply to: Message 224 by Silent H
01-17-2006 12:59 PM


Re: One last time.
I hate that we have an abreviation meaning "If I recall correctly".

This message is a reply to:
 Message 224 by Silent H, posted 01-17-2006 12:59 PM Silent H has not replied

  
Silent H
Member (Idle past 5840 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 236 of 236 (281491)
01-25-2006 11:23 AM
Reply to: Message 234 by joshua221
01-25-2006 10:45 AM


I have no problems with your position. I do not suggest that everyone has to agree with the death penalty, and indeed may disagree on moral grounds.
This thread was about whether systems could be put in place such that someone who did not actually commit a specified crime would not end up being executed. Its a procedural question rather than a moral one.
If you want an explanation of why I think capital punishment is worthwhile, I view it as an appropriate method for removing a proven ongoing threat to society. It would not be because of a "moral" code violation. They specifically have to have killed someone, and the reason involving a complusion to do so again. Its the same as if one has a nation sitting outside which has already attacked and is shown to be readying for another.
You may still find this explanation not compelling, especially if you follow a strict "thou shalt not kill" ethic. I have nothing to say against that. I wish all people were like that.

holmes
"If you're going to kick authority in the teeth, you might as well use two feet. " (K.Richards)

This message is a reply to:
 Message 234 by joshua221, posted 01-25-2006 10:45 AM joshua221 has not replied

  
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