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Author Topic:   Theocracy alive and well in Utah (and considerations of the death penalty)
crashfrog
Member (Idle past 1498 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 9 of 62 (54661)
09-09-2003 11:56 PM
Reply to: Message 8 by xwhydoyoureyesx
09-09-2003 10:27 PM


Your argument assumes a perfect legal justice system. Are you still anxious to support execution given that a percentage of those we send to their deaths will be innocent of their crime?
And if you support the execution of those who wrongly take a life, will you march yourself into the gas chamber when it turns out you've supported the murder of an innocent person?
To me it's unacceptable for even a single person to be executed wrongly. So I can't support a practical use of the death penalty.

This message is a reply to:
 Message 8 by xwhydoyoureyesx, posted 09-09-2003 10:27 PM xwhydoyoureyesx has replied

Replies to this message:
 Message 12 by xwhydoyoureyesx, posted 09-10-2003 4:42 PM crashfrog has replied

  
crashfrog
Member (Idle past 1498 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 15 of 62 (54811)
09-10-2003 6:36 PM
Reply to: Message 12 by xwhydoyoureyesx
09-10-2003 4:42 PM


However, I do agree with you. 1 dead innocent man does not justify 100 executed criminals. This is why we must be sure of guilt before sentencing a man to death.
But we can never be sure. That's the problem. Even your waiting period assumes that the appeals process is sufficient to remove doubt about sentencing. It's not.
At least in a life sentence you get to stick around to argue your case some more. You've still got a chance. Execution robs even that chance.

This message is a reply to:
 Message 12 by xwhydoyoureyesx, posted 09-10-2003 4:42 PM xwhydoyoureyesx has replied

Replies to this message:
 Message 16 by xwhydoyoureyesx, posted 09-10-2003 7:05 PM crashfrog has replied

  
crashfrog
Member (Idle past 1498 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 18 of 62 (54837)
09-10-2003 10:10 PM
Reply to: Message 16 by xwhydoyoureyesx
09-10-2003 7:05 PM


Ok, I will agree that perhaps a longer waiting period is necessary, that is on high profile cases where a jury is involved.
Why not just wait until they die naturally? (and why do you think low-profile accused murderers are somehow less deserving of protections? That's where the most innocents get sent to the chair, the low-profile murders.)
But will you agree that proven killers should be executed?
I don't believe that a "proven killer" could exist. There's just no way to prove. After all, "beyond a reasonable doubt" is still short of "no doubt whatsoever."

This message is a reply to:
 Message 16 by xwhydoyoureyesx, posted 09-10-2003 7:05 PM xwhydoyoureyesx has replied

Replies to this message:
 Message 23 by xwhydoyoureyesx, posted 09-11-2003 6:53 PM crashfrog has replied

  
crashfrog
Member (Idle past 1498 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 26 of 62 (55022)
09-11-2003 9:06 PM
Reply to: Message 23 by xwhydoyoureyesx
09-11-2003 6:53 PM


"In cases where guilt is not sure which involve a jury."
But that's every single case.
If you believe that then why even sentence them with jail time?
Because jail time isn't permanent. You can let them out of jail if you find out you did something wrong, and in the meantime, you've kept a potentially dangerous person off the streets. If it turns out they weren't dangerous at all, then you let them out and find the right person. But you can't undo lethal injection.
Remember, if you send an innocent man to the chair, you're doing two bad things. Killing an innocent person and leaving a dangerous one to walk the streets. After all nobody goes back to look at cases after they've executed somebody for the crime. The appeals process, at least, keeps those cases under some kind of scrutiny.

This message is a reply to:
 Message 23 by xwhydoyoureyesx, posted 09-11-2003 6:53 PM xwhydoyoureyesx has not replied

  
crashfrog
Member (Idle past 1498 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 28 of 62 (55153)
09-12-2003 7:45 PM
Reply to: Message 27 by xwhydoyoureyesx
09-12-2003 6:31 PM


Life sentences may be given in cases with a jury.
Nobody gives the death sentence without a jury. Judges can't give the death penalty. Only juries.
But if during their sentence guilt is ever proven, then they should be executed.
But if it were possible to "prove" that somebody killed someone, wouldn't they have already done that at the trial? If you've already convicted him, how can you get more sure? The point is, of course, that you can never be sure enough to kill someone.

This message is a reply to:
 Message 27 by xwhydoyoureyesx, posted 09-12-2003 6:31 PM xwhydoyoureyesx has replied

Replies to this message:
 Message 29 by John, posted 09-12-2003 8:43 PM crashfrog has replied
 Message 30 by xwhydoyoureyesx, posted 09-12-2003 9:02 PM crashfrog has replied

  
crashfrog
Member (Idle past 1498 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 31 of 62 (55163)
09-12-2003 9:23 PM
Reply to: Message 29 by John
09-12-2003 8:43 PM


Crash, you are sitting at the table playing cards with a friend. Someone walks in the door, pulls a gun, and puts a hole through your friend's head. How sure are you?
6 months to one year later, when I'm asked to pull the guy out of a line-up, or identify him at his trial? Not sure enough to kill somebody for it.

This message is a reply to:
 Message 29 by John, posted 09-12-2003 8:43 PM John has replied

Replies to this message:
 Message 36 by John, posted 09-13-2003 11:20 AM crashfrog has replied

  
crashfrog
Member (Idle past 1498 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 32 of 62 (55164)
09-12-2003 9:26 PM
Reply to: Message 30 by xwhydoyoureyesx
09-12-2003 9:02 PM


So if its provable that I killed someone, I can't get the death penalty?
How does that follow? The only people that can prove your guilt or innocence are the jury. If you didn't have a jury, it's because it wasn't provable that you committed the crime.
If you confess, you don't generally get the death penalty. If the judge wants you to die, he has to convene a jury to decide, I believe. Only juries can give the death penalty.
You said that you can't be sure either way, so if its proved false they get out, but if it's proved true they don't get the death penalty?
Yes, it's called "presumption of innocence", and it's a basic fundamental law of jurisprudence in this country. Maybe you've heard of it.

This message is a reply to:
 Message 30 by xwhydoyoureyesx, posted 09-12-2003 9:02 PM xwhydoyoureyesx has replied

Replies to this message:
 Message 33 by xwhydoyoureyesx, posted 09-12-2003 9:37 PM crashfrog has not replied

  
crashfrog
Member (Idle past 1498 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 34 of 62 (55185)
09-13-2003 12:03 AM
Reply to: Message 30 by xwhydoyoureyesx
09-12-2003 9:02 PM


Perhaps, in the future there will be a way to do this, but as of yet I do not see how it is possible.
Well, that's all I'm saying, I guess. "Eye for an eye" may be a theoretically just way to operate, in some opinions, but in practical use it's just not possible.

This message is a reply to:
 Message 30 by xwhydoyoureyesx, posted 09-12-2003 9:02 PM xwhydoyoureyesx has not replied

  
crashfrog
Member (Idle past 1498 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 37 of 62 (55357)
09-14-2003 7:01 AM
Reply to: Message 36 by John
09-13-2003 11:20 AM


You know the killer. You grew up with him. He said, "Howdy," when in walked in the door-- then killed your friend. The point is, you claim it is NEVER possible to be sure. It is possible.
And I'm somehow supposed to be sure that he doesn't have an identical twin, or a clone, or even just somebody that really , really looks like him?
I mean, I can be as sure that he's the killer as I am that I was alive yesterday, or that there's no God - but that's not absolute certainty. That's only tentative certainty. You can be as certain as you like, but I can always construct scenarios that, while ludicrous and improbable, are always possible. So long as there's another possible scenario besides "he did it" we can't be absolutely sure he did it.
Basically I'm saying that while I'm sure know, there's no way that any of us could know that we'll always be sure that he did it. Given that we're talking about someone's life, I think life in prison is a reasonable compromise in the light of our tentative knowledge.

This message is a reply to:
 Message 36 by John, posted 09-13-2003 11:20 AM John has replied

Replies to this message:
 Message 38 by John, posted 09-17-2003 10:19 AM crashfrog has replied
 Message 41 by Wise, posted 09-17-2003 5:45 PM crashfrog has not replied

  
crashfrog
Member (Idle past 1498 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 42 of 62 (56109)
09-17-2003 6:53 PM
Reply to: Message 38 by John
09-17-2003 10:19 AM


You and I both know we can't get absolute certainty on anything.
Yes, that's my point.
But it is special pleading to give that fact increased relevance in one case.
No, what gives it special relevance is that a person's life is on the line. All knowledge may be tentative but you can't tentatively execute someone. Death is absolute. I don't think it's unreasonable to expect absolute knowledge if you're going to absolutely execute someone. Since you can't have that kind of knowledge, execution is unreasonable.
What's hard to grasp about that? Is it unreasonable to demand absolute certainty if you're going to give the absolute punishment?

This message is a reply to:
 Message 38 by John, posted 09-17-2003 10:19 AM John has replied

Replies to this message:
 Message 44 by John, posted 09-18-2003 9:57 AM crashfrog has replied

  
crashfrog
Member (Idle past 1498 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 48 of 62 (56307)
09-18-2003 3:16 PM
Reply to: Message 44 by John
09-18-2003 9:57 AM


I'd consider that the case anyway. I fail to see why life in prison is considered the more humane option.
Because you can let them out. Duh.
If they've served 20 years and then you find out you made a big mistake, you can let them out. Sure, they've lost 20 years and that totally sucks, but man, that's still way better than having to tell their family that you executed them by mistake. At least they still have the rest of their life left.
Yes it is. So is life in prison.
Again, you can let someone out halfway through their sentence. You can't undo the death penalty.
If the issue hinges on the irreversibility of captital punishment then by the same logic, you should require absolute knowledge if you are going to remove someone's dignity forever.
There's an enormous difference between dignity and life. Dignity can be found once it has been lost. Life cannot.

This message is a reply to:
 Message 44 by John, posted 09-18-2003 9:57 AM John has replied

Replies to this message:
 Message 50 by John, posted 09-21-2003 11:34 AM crashfrog has replied

  
crashfrog
Member (Idle past 1498 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 56 of 62 (59932)
10-07-2003 12:45 PM
Reply to: Message 50 by John
09-21-2003 11:34 AM


The only reason I have for posting is the feedback. "Duh!" is pretty useless feedback.
Sorry, in retrospect I guess that was rather dismissive.
But it seems obvious to me that life in prison is more humane than death. There's always the hope of release, especially if you're innocent. I was surprised, then, for you to say that you couldn't see that life in prison was the more humane option.
This isn't assisted suicide we're talking about, after all. We're talking about killing people who don't want to be killed. What's in the least humane about that? Life is always more humane than an unwanted death.

This message is a reply to:
 Message 50 by John, posted 09-21-2003 11:34 AM John has not replied

  
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