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Author Topic:   Nobel Prize vs Proof that the Death Penalty MUST kill innocents
Ben!
Member (Idle past 1420 days)
Posts: 1161
From: Hayward, CA
Joined: 10-14-2004


Message 3 of 236 (198480)
04-12-2005 6:38 AM
Reply to: Message 1 by Silent H
04-12-2005 5:38 AM


Ever see Zoolander?
But seriously, shouldn't another criterion be "actually results in a single conviction" before you get the Nobel Prize? I think that might be important to the prize-awarding committee.
Well, I think I'll step out of the way now. Just trying to join in the "fun."

This message is a reply to:
 Message 1 by Silent H, posted 04-12-2005 5:38 AM Silent H has not replied

  
Ben!
Member (Idle past 1420 days)
Posts: 1161
From: Hayward, CA
Joined: 10-14-2004


Message 86 of 236 (198994)
04-13-2005 3:36 PM
Reply to: Message 78 by Silent H
04-13-2005 2:32 PM


Is there any case where you could say you positively know a person killed another person? ...And/Or... Is there any real case in history which you can say for sure a person killed another person?
Dude, I don't know. How do you know?
Everything I know on these things is based on authority and derived information (i.e. not primary source information). Let me put it this way--if an all-knowing GOD appeared and asked me if I was willing to to risk my family's lives on whether I knew a single instance of whether somebody killed somebody else or not, I would never do it. There's too many ways the conclusion could have been screwed up, and I'm so far removed from the entire process, how the hell could I know?
Anyway, why don't you outline your practically infallible system anyway? Your argument has two premises, and we're stuck on the second (we can have practically certain knowledge). I think the first is much more interesting (If we have practically certain knowledge then we can have a practically infallible death penalty system). I think you have to show us such a system in order to justify this premise.
...
One more thing.
Also implicit in your premise "if we have practically certain knowledge then we can have a practically infallable death penalty" is that the death penalty system will kill ANYBODY. Otherwise, we could say "Sure, we could make a death penalty system that kills no innocent people, here it is:
1. Death penalty = death by lethal injection.
2. The death penalty will be administered to those with DNA matching that of the fruit fly."
However, I argued in my post #3 that the original set of criteria that you proposed would never happen. I'm afraid of the same thing for your overall system for applying the death penalty. I think your system has to be minimally practical; i.e. outside of absurd / extreme cases, would actually be applied in real life.

This message is a reply to:
 Message 78 by Silent H, posted 04-13-2005 2:32 PM Silent H has replied

Replies to this message:
 Message 91 by Silent H, posted 04-13-2005 4:35 PM Ben! has not replied

  
Ben!
Member (Idle past 1420 days)
Posts: 1161
From: Hayward, CA
Joined: 10-14-2004


Message 101 of 236 (199131)
04-14-2005 2:00 AM
Reply to: Message 1 by Silent H
04-12-2005 5:38 AM


Holmes,
Epistemological rules designed to get at levels of theoretical and practical knowledge. Sometimes the only thing left as logical possibilities (and yes they are logical possibilities) are so implausible and metaphysical in nature that they do not worthy of consideration in practical every day life.
I really do understand where you're coming from. I'm not interested in belaboring the point... just to tell you why I'm uneasy in accepting it. For the sake of argument, I think it's worthwhile to accept and see where you go with it. I think, in this case, more can be done with concrete examples than with high-level discussion.
That said, what bothers me is that there's just so many ways to go wrong. Data collection can go wrong. Testimony can go wrong. Etc.
But even more scary to me, science is not governed just by logic. In general, hypotheses are not produced from a confined set of logical possibilities. What if Einstein never rode his light beam? We wouldn't have relativity theory? Hypotheses often come about from "inspiration," and not from iteration through sets of logical possibilities. In general it's just not possible to iterate--there's too many possibilities.
The reason this is scary to me is because, what if we simply didn't "think of" the "other" theory that explains the data? Who's to say that there's no other practical possibilities?
I was trying to prove a larger point on knowledge itself, how we use rules to get to it, by guiding people through the process.
I understand. It's not working out, and I'm still interested in the topic of the thread. There's two premises, and I'd really like to explore the first (IF we can have practically certain knowledge, then we can construct a practically infallable death penalty system). I'm interested because I want to see what system you can construct. I want to see how practically certain knowledge is gathered, how this practically certain knowledge is used, and how a practical system can be used to maintain the high fidelty necessary for sending someone to death.
Not to get ahead of myself, but there is one practical issue I think is worth addressing immediately. I THINK you've been saying that your system doesn't have to be free of corruption, etc., since that's not a property of your system, but of all systems in general? I think that's not quite right. Since the death penalty is final, no turning back, then issues of corruption that are "acceptable" (due to the lower consequence) in other systems become unacceptable in a death penalty system. I'm really interested to see what ideas you have for removing the many pitfalls that can happen along the way, from data gathering to conviction, sentencing, encarceration, and imprisonment. I mean it, I'm really interested to hear what's on your mind.
I honestly did not get exactly what your were stating in the second part of your post. I don't want to reply and then find out I got it wrong. It looked potentially useful so could you repeat it but make it a little more clear? Thanks.
Just that, in your OP, you briefly outlined a system for constructing practical knowledge that, for illustrative purposes was OK, but seemed like it simply never would happen. I think having a situation where there's all these confessions, finding people in the act, video, so many witnesses, all for a crime of such severity is just like your "implausible" scenarios that you want to exclude.
A person is caught during the act of murder, or while trying to escape from the scene, with several direct witnesses, as well as concrete physical evidence tying him to the murder (weapon on him, evidence from scene on him, videotape of him at scene killing people), plus a confession from the person.
I mean, has this ever actually happened for a crime of such severity that it would warrant the death penalty? It just seems so implausible for crimes such as double-murder, etc.
I just want to make sure that when you construct your actual practical system of acquiring practically certain knowledge that there are plausible instances where practically certain knowledge can be acquired. I also wanted to make sure that when implementing your practical system for the death penalty, that there are plausible instances when somebody could actually be killed.
Just a concern, not a gripe. I know you were trying to come up with the "most obvious" scenario to get an agreement from others as easily as possible.
Anyway, I hope you're interested in continuing this thread in the vein that I've outlined here. I really want to hear your ideas. We (figuratively) are stuck on one premise, but the other is still interesting.

This message is a reply to:
 Message 1 by Silent H, posted 04-12-2005 5:38 AM Silent H has not replied

  
Ben!
Member (Idle past 1420 days)
Posts: 1161
From: Hayward, CA
Joined: 10-14-2004


Message 160 of 236 (199403)
04-14-2005 5:42 PM
Reply to: Message 139 by Silent H
04-14-2005 12:46 PM


Could someone argue, hey that'll come up to less than 1 case every hundred years so let's chuck the option to save money on preserving equipment we don't use? Yeah, sure. But that is another debate.
You've barely outlined some parts of your system, and it's already convicting "only 1 case in 100 years." (your own wild guess). By the time you actually fill out your own system explicitly, THAT NUMBER IS GOING TO INCREASE.
You avoided my point, which I stated 3 (about to be 4) times:
You can't show that "death penalty systems do not inherently involve killing innocents" by proposing a system that we are "practically certain" leads to no deaths. In your "practically certain" space of knowing, proposing such a system is IDENTICAL to proposing a logically impossible system; i.e. "we'll kill only those whose DNA identically matches that of Mickey Mantle and Ted Williams."
You made it clear from the start that this thread was NOT about logical possibility, but about what can be done practically. It's wrong to hold people to the criterion of "practical certainty" for knowledge, yet not hold to the criterion of "practical certainty" for your system. So far, all I have seen is that you are doing exactly what you hate in your opponents--you offer something that is merely logically possible, but practically speaking impossible.
Your huge mistake was trying to ride me as if I was saying that this is what should be made, instead of seeing it for what I said it was which was a challenge to show how a system COULD be made. The existence of a death penalty within a system does NOT INHERENTLY mean it will have to kill innocents.
If the only systems you can propose are those we are "practically certain" lead to no deaths, then it DOES mean that the death penalty system inherently kills innocent people.
The only way to KNOW if a system can produce convictions practically is to get into the nitty gritty and hash it all out, and see if it's "practically certain" that somebody would actually die from it. I showed genuine interest to go that route with you, but you responded by ... well no response. Just:
Well this is why I was so insulted by the "why don't you show us your system already" jibes. There are many different types of systems, and we could build in some redundancies. And of course I have always maintained an appeals process.
I wasn't jibing you at all, and you have no reason to accuse me of it. I wanted to discuss a system, because I think it's interesting, and I thought you would have some good ideas. I had no idea I would have to do your work for you (i.e. propose a system) like Tagless did, in order to hear more about your ideas. And I had no idea you'd be insulted by showing a willingness to listen to your ideas, which you explicitly stated as willing to discuss in your OP.
This message has been edited by Ben, Friday, 2005/04/15 06:44 AM

This message is a reply to:
 Message 139 by Silent H, posted 04-14-2005 12:46 PM Silent H has replied

Replies to this message:
 Message 164 by Silent H, posted 04-14-2005 6:07 PM Ben! has replied

  
Ben!
Member (Idle past 1420 days)
Posts: 1161
From: Hayward, CA
Joined: 10-14-2004


Message 168 of 236 (199475)
04-14-2005 9:47 PM
Reply to: Message 164 by Silent H
04-14-2005 6:07 PM


holmes,
Let me explain something as a forward apology. On top of trying to deal with the flurry of posts, I am currently dealing with a pretty serious illness. In fact I will be gone at least three days next week due to surgery (or if it goes, bad perhaps longer).
Good luck. Keep us informed here about it. It's the second time I read a blurb about it (first time in passing). I'd open a subject in "short subjects" about it, where you can keep us on the up and up about it (and where we can talk about how worried we are about you while you're gone ), but I'm not sure if that would make you feel uncomfortable. Anyway, best of luck with that.
I will write tomorrow. Guaranteed. And I will give your posts higher priority. Man do I feel bad all over the place. I really did not mean to insult you in any way at all.
First of all, thanks for your approach with this post. Second, I'm sorry. I didn't intend to make you feel bad.
Third, ... take your time. For me, time is not of the essence. Just confusing when you're writing so vigorously to others. take your time, and I'll look forward to discussing when you post.
Which is a good segway into the "free will" discussion having to do with "war on drugs." I finished collecting my thoughts and am ready to put up a post later today. Feel free to take your time on that one as well. I'm heavy in reading about "genetic assimilation" (thanks to Brad & mick for the references), as well as my usual projects.
If it makes it any better I'll stop answering crash to start answering you.
Well... I'm kind of embarrassed to say something like this, but here we go.
I'll never understand why you want to spend so much time butting heads with crash and others. For me, if I get in a disagreement with somebody and I repeat myself 2, 3 times max, then I simply drop it. There's something more going on with either me, the other poster, or both of us and, given the nature of these boards (highly asynchoronous, I find it unlikely that my further repetition will change anything.
Maybe sometimes it's better just to walk away. Well, at least it jives with me. Don't take it as a criticism, just a suggestion.
Eh, anyway. Take it easy bro.
Ben

This message is a reply to:
 Message 164 by Silent H, posted 04-14-2005 6:07 PM Silent H has replied

Replies to this message:
 Message 173 by Silent H, posted 04-15-2005 9:39 AM Ben! has replied

  
Ben!
Member (Idle past 1420 days)
Posts: 1161
From: Hayward, CA
Joined: 10-14-2004


Message 183 of 236 (200033)
04-18-2005 3:32 AM
Reply to: Message 173 by Silent H
04-15-2005 9:39 AM


Re: To Ben and All: And apology and explanation and an example...
Take it easy holmes. I'll look forward to picking your mind more when you feel you're ready to resume. Do us a favor and drop a note, just to say hi, every so often.
Ben

This message is a reply to:
 Message 173 by Silent H, posted 04-15-2005 9:39 AM Silent H has not replied

  
Ben!
Member (Idle past 1420 days)
Posts: 1161
From: Hayward, CA
Joined: 10-14-2004


Message 192 of 236 (279410)
01-16-2006 10:54 AM
Reply to: Message 162 by crashfrog
04-14-2005 5:57 PM


Ben says, "Demanding certainty for the death penalty is a double-standard."
Hi crash,
I had some thoughts on this issue while searching around for a thread to post to on free will. I'm doing my best to fit this in.
I, and many others here, want more than practical certainty for the administration of the death penalty. Practical certainty isn't good enough.
I think it's unfair to demand some kind of certainty from the death penalty, as in every policy ever created, we demand no kind of certainty at all. We always seem to play with percentages.
To be clearer: your demand for certainty in application of the death penalty is based on the idea that an innocent person can be killed. But there's NO policy where we demand certainty that no innocent people be killed. Furthermore, I don't see you (or others) arguing against such policies.
Here's a small list of policies that do not demand certainty that no "innocent people" (i.e. those that do not "deserve" to die) are killed: life imprisonment. Traffic rules. Gun control laws. Home ownership. Sale of Krispy Kreme donuts.
Death is always possible. Grant, for the sake of argument, that absolute proof that a person "deserves" to die is impossible. Then it seems unavoidable to conclude that every policy will always allow the possibility of "innocent" people to die.
Why do we have any policies, then? Because we seem to play the percentages and risk/reward tradeoff. Given the policy, what is the chance that an innocent person will die? And how does that percentage compare with the utility of the policy?
So I think the demand for certainty for the death penalty is a true double-standard. Maybe this has been brought up before; I haven't read it though.
Ben

This message is a reply to:
 Message 162 by crashfrog, posted 04-14-2005 5:57 PM crashfrog has not replied

Replies to this message:
 Message 193 by Silent H, posted 01-16-2006 11:25 AM Ben! has not replied
 Message 194 by jar, posted 01-16-2006 11:50 AM Ben! has replied

  
Ben!
Member (Idle past 1420 days)
Posts: 1161
From: Hayward, CA
Joined: 10-14-2004


Message 195 of 236 (279424)
01-16-2006 12:00 PM
Reply to: Message 194 by jar
01-16-2006 11:50 AM


Re: Ben says, "Demanding certainty for the death penalty is a double-standard."
As far as I understand it, there are two questions about the death penalty:
1. Is there any action for which the actor should be put to death?
2. Is it this practice practically feasible?
If you question #1, that's a different discussion. I think question #2 is what I'm addressing.
Here the motive is punishment, and until we can make death reversible, I do not believe we can be justified for using it.
I don't see how it matters. But for purposes of discussion, let's limit things to punishments.
I don't see that life imprisonment guarantees people against death. There is a chance that an innocent person will be killed while imprisoned for life. That death is not reversible. Wouldn't the same argument, then, hold for this? A small percentage of innocent people will be killed by the punishment.
In the death penalty the intent is that someone dies.
I don't see how this matters at all. The argument I'm arguing against is the logic that "we may kill an innocent person, so we shouldn't implement the policy." I think that's not a valid argument.
I do not suggest that the Death Penalty only be applied in cases where there is absolute certainty, because I believe absolute certainty is far too low a bar.
If this means that you're against the death penalty on ideaological grounds (my #1 above), then I don't think we have any qualms. I'm not arguing for the death penalty. I'm arguing that that this one argument against it sets up a double-standard.
As it turns out, I personally am undecided about the death penalty.

This message is a reply to:
 Message 194 by jar, posted 01-16-2006 11:50 AM jar has replied

Replies to this message:
 Message 197 by jar, posted 01-16-2006 12:09 PM Ben! has replied
 Message 199 by Silent H, posted 01-16-2006 12:12 PM Ben! has replied

  
Ben!
Member (Idle past 1420 days)
Posts: 1161
From: Hayward, CA
Joined: 10-14-2004


Message 200 of 236 (279430)
01-16-2006 12:13 PM
Reply to: Message 197 by jar
01-16-2006 12:09 PM


Re: Ben says, "Demanding certainty for the death penalty is a double-standard."
That an innocent person muight die while imprisoned for life is a tragedy, but not the intent of the action.
Why does this matter? Dead is dead. "I'm sorry" never helped bring anyone back to life.
Not the intent of drunk drivers to kill. Do you think we shouldn't we try them for vehicular homicide?
I just don't get why "intent" matters. Can you try to help me underestand why it matters to you?

This message is a reply to:
 Message 197 by jar, posted 01-16-2006 12:09 PM jar has replied

Replies to this message:
 Message 203 by jar, posted 01-16-2006 12:25 PM Ben! has replied

  
Ben!
Member (Idle past 1420 days)
Posts: 1161
From: Hayward, CA
Joined: 10-14-2004


Message 201 of 236 (279432)
01-16-2006 12:15 PM
Reply to: Message 199 by Silent H
01-16-2006 12:12 PM


Re: Ben says, "Demanding certainty for the death penalty is a double-standard."
Once we put teeth into enforcement using arms, or violence of any kind, we have instituted a death penalty at the very least for defiance.
Good point. I'd like to see a response to that as well.

This message is a reply to:
 Message 199 by Silent H, posted 01-16-2006 12:12 PM Silent H has not replied

  
Ben!
Member (Idle past 1420 days)
Posts: 1161
From: Hayward, CA
Joined: 10-14-2004


Message 205 of 236 (279440)
01-16-2006 12:30 PM
Reply to: Message 203 by jar
01-16-2006 12:25 PM


Re: Ben says, "Demanding certainty for the death penalty is a double-standard."
Yes they should be tried, but for vehicular homicide. Notice that the charge is not first degree murder, because their intent was not to to kill someone.
Fair enough. I should have looked to see what "vehicular homicide" means. I'm dropping this line of questioning, because it's going to get into areas that I think belong in another thread...
which I am hoping to PNT soon.
There, the intent is to kill someone for a past act, unlike the Florida case where killing was to prevent an immediate pending threat.
This didn't help me understand why intent is so important to you, just that it is. Any thoughts about a "why"?

This message is a reply to:
 Message 203 by jar, posted 01-16-2006 12:25 PM jar has replied

Replies to this message:
 Message 206 by jar, posted 01-16-2006 12:52 PM Ben! has replied

  
Ben!
Member (Idle past 1420 days)
Posts: 1161
From: Hayward, CA
Joined: 10-14-2004


Message 212 of 236 (279536)
01-16-2006 5:32 PM
Reply to: Message 206 by jar
01-16-2006 12:52 PM


Re: Ben says, "Demanding certainty for the death penalty is a double-standard."
The big issue for me is reversibility. Execution simply cannot be reversed yet. Perhaps someday.
Then we get back to my original questions. No matter if somebody dies because of your intent, or they die because of an accident, it's not reversible. If the big issue is reversibility--that you don't want people to die who might possibly not "deserve to die"--then isn't that important IN ALL SITUTATIONS? Why is the death penalty such a 'special case'?
In my book, dead is dead. Dead due to a mistake is dead due to a mistake. I don't see how anything else matters.
I know I'm going in circles. I'm struggling to understand. Do you understand where I'm coming from? Any ideas?

This message is a reply to:
 Message 206 by jar, posted 01-16-2006 12:52 PM jar has replied

Replies to this message:
 Message 213 by jar, posted 01-16-2006 6:05 PM Ben! has replied

  
Ben!
Member (Idle past 1420 days)
Posts: 1161
From: Hayward, CA
Joined: 10-14-2004


Message 214 of 236 (279545)
01-16-2006 6:16 PM
Reply to: Message 213 by jar
01-16-2006 6:05 PM


Re: Ben says, "Demanding certainty for the death penalty is a double-standard."
Why is the death penalty such a 'special case'?
Because it is a special case. The sole point of the Death Penalty is to kill someone as retribution for some crime.
That doesn't explain why. Why is the intent of the action important? Why does it matter whether the intent of the action is to kill a person who deserves to die, or to drive drunk? If innocent people die while you're doing something, then we shouldn't be doing it. Why is it that the intent of the action makes it not OK to you in one case, and OK in the other? Why do you say that the one type of action is not OK, and the other is, when they both lead to exactly the same kind of error: killing an innocent person.
No matter if somebody dies because of your intent, or they die because of an accident, it's not reversible.
True. What does that have to do with it?
Because to me, if you think the mere possibility of innocent people being killed is grounds to not implement a policy in one case, it seems obvious that you'd use that same criterion for all cases. Because, after all, innocent people dying are just innocent people dying.

This message is a reply to:
 Message 213 by jar, posted 01-16-2006 6:05 PM jar has replied

Replies to this message:
 Message 215 by jar, posted 01-16-2006 6:24 PM Ben! has not replied
 Message 217 by Silent H, posted 01-17-2006 5:10 AM Ben! has replied

  
Ben!
Member (Idle past 1420 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

  
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