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Author Topic:   Nobel Prize vs Proof that the Death Penalty MUST kill innocents
Monk
Member (Idle past 3953 days)
Posts: 782
From: Kansas, USA
Joined: 02-25-2005


Message 15 of 236 (198526)
04-12-2005 9:29 AM
Reply to: Message 1 by Silent H
04-12-2005 5:38 AM


Sanity
holmes writes:
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.
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?
No, it is not enough to ensure guilt. There would need to be a trial to determine sanity. Innocence by that reason is a possibility.

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 22 by Silent H, posted 04-12-2005 11:17 AM Monk has replied

  
Monk
Member (Idle past 3953 days)
Posts: 782
From: Kansas, USA
Joined: 02-25-2005


Message 36 of 236 (198634)
04-12-2005 1:13 PM
Reply to: Message 22 by Silent H
04-12-2005 11:17 AM


Re: Sanity
quote:
I am asking the question if it is really true that we cannot create rules to determine in some cases that a person definitely commited a certain act.
I think the term "definite" is the problem. When dealing with the actions of people, it is difficult to determine what is or is not "definite".
To do this, would require thinking of all possible circumstances in advance in order to create rules that are "tight" enough to allow use of the term "definite". I don't believe, based merely on the evidence, we can be 100% sure of every detail.
But if we could, determine with 100% accuracy, would that preclude a trial? Would we, based on the 100% accuracy of the evidence, proceed directly to execution?

This message is a reply to:
 Message 22 by Silent H, posted 04-12-2005 11:17 AM Silent H has replied

Replies to this message:
 Message 42 by Silent H, posted 04-12-2005 1:36 PM Monk has replied

  
Monk
Member (Idle past 3953 days)
Posts: 782
From: Kansas, USA
Joined: 02-25-2005


Message 46 of 236 (198654)
04-12-2005 1:48 PM
Reply to: Message 42 by Silent H
04-12-2005 1:36 PM


Re: Sanity
quote:
Yes, we have a trial and evidence is presented. Within the trial it may be determined if the evidence rises to a level of certainty which allows the DP to come into play. No the execution need not be immediate as there is always an appeals process. Yes, eventually that process may end and the person be killed.
Then I'm missing your point. This doesn't sound much different than what we already have in the US. The prosecution determines if evidence is sufficient to seek the DP. If it is allowable, of course.

This message is a reply to:
 Message 42 by Silent H, posted 04-12-2005 1:36 PM Silent H has replied

Replies to this message:
 Message 47 by Silent H, posted 04-12-2005 2:06 PM Monk has not replied

  
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