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Capital Punishment

ravenstrike

Court Jester
"To say that justice must be "black-and-white" is a frightening concept - remember, the same system that can easily place judgement on another is just as likely to place this kind of trigger-happy judgement on you or me if either one of us is seen as a "threat" to society."

That is precisely why I said that it must be interpreted in context. We shouldn't lay down and allow others to kill because "killing is always wrong", but we should try other ways first. Killing children, women, or innocents is a filthy, evil act. My opinion, place a philosopher as a judge, someone who studies metaphysics, who reads Aristotle, Plato, Boethius, Kant, someone who has at least a moderate claim to understanding the in's-and-out's of justice and right or wrong. But nonetheless, yay for the death penalty!!
 

ravenstrike

Court Jester
If a society is willing to put another person to death, what is to stop this society from public executions? From executions that emphasize the pain and torture of the condemned in the name of justice? Why not re-institute having the condemned drawn and quartered?
We must know where to draw the line. By your reasoning, and applying the same rule (and I do beg your forbearance) then we should grant mercy. Not kill. But maybe they did it by accident. We would let them go free. And then anarchy would reign, wearing the robes of mercy, forgiving, and understanding.
I truly do not mean to offend, but we cannot simply look at the maxim of what a person suggests. I condone a quick death, but a death nonetheless.We are not animals, we do not torture, but nor should we forgive every transgression made, because then people could simply do whatever they wish, with no repercussions.The closest anyone has come to making steadfast rules for ethics are Kant's three laws, but those can be interpreted differently, depending on the person. He states in one, that an act is immoral if you would not want the maxim to happen to everyone all at once. This could say (in context) capital punishment is wrong (because we don't want everyone dead) or that maybe capital punishment is right (because we might want all murderers to die). a confusing quagmire, certainly
 

ezaDesigns

New Member
No one's life is more important than you are mines..Though there are times where such demoralizing acts shouldn't be tolerated and the necessary measurements need to be taken in order to establish order. Life either way is precious weather your bad or good. The idea of death isn't always pleasant..But suffering under those circumstances shouldn't have to be tolerated and justice needs to be done..
 

Mister_T

Forum Relic
Premium Member

9-10ths_Penguin said:
No, I'm not. My standard is this: killing is only acceptable when it is absolutely necessary. In the case of self defense or defense of others, it is necessary (providing, of course, that non-lethal action isn't sufficient). In the case of an incarcerated criminal, it's not. The standard applies equally in both situations.
I understand, but what you bolded is in conflict with the concept of "everyone has a right to life" which you are so adament about. It's doesn't matter if you're killing in defense or you're killing in revenge: You are committing the act of killing.....which means that you are taking away that person's right to live.

9-10ths_Penguin said:
The United States is, IMO, less just with capital punishment than it would be without.
An opinion that I disagree with, but one that you are certainly welcome to.


9-10ths_Penguin said:
So, effectively, you have the same situation as we do: DAs can pursue cases over the objections of the victims or victims' families, and they have the discretion to choose not to pursue a case, even if the victims or victims' families want the case to go forward.
Yes, but the victim's or their family can have a hand in pursuing a case in either scenario though.


9-10ths_Penguin said:
Yes, I realize that. Despite this, the principles that our societies are based on recognize that society and government's power to enact laws and rules should have certain limits. Just as I believe that a person should have the right to freedom of religion, regardless of the majority view, I believe that a person - any person - should have the right to life.
Our society also recognizes everyone's right to live. We also recognize that if you take a life, you put your own in jeapordy. I believe that every person has a right to live...I also believe that they forfeit that right when trying taking an innocent life in cold blood, before or after the murder.


9-10ths_Penguin said:
I was speaking in relative terms. Executing a prisoner is a greater punishment than life imprisionment; do you agree?
Yes.


9-10ths_Penguin said:
I believe that in the choice between two sentences, if either one would accomplish all the goals of the punishment (whatever you consider those goals to be, e.g. deterrence, rehabilitation, even "giving the criminal what he deserves", for the purposes of discussion), we should choose the lesser one.
I believe we should choose whatever punishment fits the crime, not just simply setting the bar at "the lesser one."



9-10ths_Penguin said:
Say a criminal has been found guilty of a crime and we have a choice between a 5 year prison sentence and a 10 year sentence. If we want to give him the 10 year sentence, we have to establish that the extra five years will actually do some net good (however you measure "good").
9-10ths_Penguin said:
The same rationale applies to capital punishment: if you want the more extreme measure of executing criminals rather than imprisoning them for life, I think it's up to you to demonstrate that the overall effect of the increase in severity from life in prison to execution is positive.
You also have to establish whether the 5 years will do any good or have a significant impact on the individual to be a deterrent. Aside from giving the indivual what they deserve, punishment is also ment to be a deterrent for other thinking about commiting the same crime.

For example, if we started cutting off the hands of thieves, I guarantee that you'd see theft in the U.S. drop down pretty darn quick....Not that I am AT ALL advocating such a thing, nor do I think that is good. I'm just trying to make a point about deterrence. Deterrence is an effective tool and can be "morally correct" if done correctly.

None of Jeffrey Dahmer's victims were in a position to engage in vigilante vengeance
I understand that, but victims were not the point we were discussing.


You said that in either scenario you didn't think either those individuals (the revenge killer and the cold blooded killer) acted rightly or justly. The victims did not matter it was the the difference of the killers that mattered, which you yourself acknowledged.


9-10ths _Penguin said:
The point that I was trying to raise is that if revenge is considered "pleasure or personal gain", then vigilante killings, which you put on the same moral level as capital punishment, would be considered "cold-blooded murder", if we go by the descriptions you gave for each.
Only that was not my description of each. Innocence is the key word here and is what you left out. Both are killing for some type of satisfaction, yes. What you forgot to add was that one is killing an innocent person (cold blooded murder) who has commited no crime against their assailant, and one is killing a person guilty of murder (vigilante killing) in response to the killing of an innocent loved one. So no, using my descriptions, they are not the same thing.

9-10ths_Penguin said:
I don't see any double standard. It seems like I'm viewing the issue differently that you are, but I don't think I'm being inconsistent. I think everything I've said can generally fall under the umbrella rule "maintain and protect all rights as well as you are able". Because I recognize my own right to life, this allows me to kill an attacker if otherwise he would kill me - the only choices available involve someone's rights being deprived, so I choose the best of two bad options. Because I recognize even a criminal's right to life, this allows me to oppose the death penalty, because I do not believe that it is the best option of the ones available.
Read my previous response in regards to how I think it's a double standard. I recognize a persons right to live until they commit cold blooded murder....all their rights to live get thrown out the window after that, IMO and rightfully so.

9-10ths_Penguin said:
Unless not infringing on them would create some other infringement of someone's rights. Sometimes rights do come into conflict with each other, and we can't have both prevail.

If I'm in a "kill or be killed" situation, either my attacker or I will be denied our right to life. In that case, there is no middle ground where we can both maintain all our rights. All the available options involve someone being denied a fundamental right.
Perhaps then we shouldn't be using the word "ever" or placing emphasis on it. Something that "we shouldn't ever do" means just that: You never do it, no matter what.

9-10ths_Penguin said:
This different from capital punishment: regardless of whether you kill the criminal or not, nobody else's rights are affected. Capital punishment does not save any lives, allow anybody's freedom, or do anything to further anything that we normally call a "right".
This goes back to the goal of Capital Punishment: The goal of capital punishment is serving the justice that society has determined someone to deserve. Capital punishment can also saves live despite your claim to the contrary: Capital punishment ensures that this person will not harm anybody again, ever, 0 chance of repeat offenses....something life imprisonment can't guarantee.

9-10ths_Penguin said:
I do see a moral difference. And while I view the killing of a child as much worse than the revenge killing you describe, I don't view the revenge killing as good.
I don't view revenge killings as bad. It's reasonably justified, IMO.

9-10ths_Penguin said:
I don't think you would be "just as bad", but, IMO, it would be "morally better" to apprehend the criminal without killing him, if you were able to do so.
I don't see the moral difference between the two and I think both are equally justified.



 

9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
I understand, but what you bolded is in conflict with the concept of "everyone has a right to life" which you are so adament about. It's doesn't matter if you're killing in defense or you're killing in revenge: You are committing the act of killing.....which means that you are taking away that person's right to live.

Only because the alternative would mean that my own right to live would be taken away. If an option is available where everybody can live, great - that's the one to choose. But if someone's going to die, I'd prefer it to be the attacker and not me.

Yes, but the victim's or their family can have a hand in pursuing a case in either scenario though.
Usually in their capacity as a witness, not because of special status as a victim. If a person is a victim of a crime, their testimony will often be key in putting their attacker away. If the victim doesn't co-operate, the prosecution doesn't have the material to do its job.

I believe we should choose whatever punishment fits the crime, not just simply setting the bar at "the lesser one."
But if two punishments both "fit the crime", then there's no reason to choose the more severe one rather than the lesser one.

You also have to establish whether the 5 years will do any good or have a significant impact on the individual to be a deterrent. Aside from giving the indivual what they deserve, punishment is also ment to be a deterrent for other thinking about commiting the same crime.

When I said "overall" effect, I was trying to capture all consequences of the sentence: general and specific deterrence, rehabilitation, and whatever other goals the punishment is meant to acheive.

For example, if we started cutting off the hands of thieves, I guarantee that you'd see theft in the U.S. drop down pretty darn quick....Not that I am AT ALL advocating such a thing, nor do I think that is good. I'm just trying to make a point about deterrence. Deterrence is an effective tool and can be "morally correct" if done correctly.
But when it comes to capital punishment, study after study has shown that the death penalty is not an effective deterrent - it's no more effective than life imprisonment, so if we want to justify its use, we have to look to other reasons.

I understand that, but victims were not the point we were discussing.
Okay... I think things have gotten a bit confused now. What was the point you thought we were discussing? I have a feeling that it's different from the one I thought we were talking about. :)

You said that in either scenario you didn't think either those individuals (the revenge killer and the cold blooded killer) acted rightly or justly. The victims did not matter it was the the difference of the killers that mattered, which you yourself acknowledged.
No, the victim does matter. IMO, killing someone like Jeffrey Dahmer is a much lesser crime than killing an innocent child... but they're both still crimes.

Only that was not my description of each. Innocence is the key word here and is what you left out. Both are killing for some type of satisfaction, yes. What you forgot to add was that one is killing an innocent person (cold blooded murder) who has commited no crime against their assailant, and one is killing a person guilty of murder (vigilante killing) in response to the killing of an innocent loved one. So no, using my descriptions, they are not the same thing.
In your mind, does the worth of a life change depending on the merits of the person?

There's a recent case in Vancouver that comes to mind: Robert Pickton was recently convicted of the murder of six women; he's suspected in at least 20 more murders and disappearances. Many of his confirmed and suspected victims were street hookers.

Is it only "cold-blooded murder" when the victim is "innocent"?

Read my previous response in regards to how I think it's a double standard. I recognize a persons right to live until they commit cold blooded murder....all their rights to live get thrown out the window after that, IMO and rightfully so.
Do other rights go out the window as well?

Should a murderer lose his or her right to not be tortured, say?

Perhaps then we shouldn't be using the word "ever" or placing emphasis on it. Something that "we shouldn't ever do" means just that: You never do it, no matter what.
Fine... if it's such an issue for you, then forget I used the word. My position is still the same, though: rights should be maintained in all situations except those where it's impossible to do so, or where allowance of one person's rights would create a denial of other rights.

This goes back to the goal of Capital Punishment: The goal of capital punishment is serving the justice that society has determined someone to deserve. Capital punishment can also saves live despite your claim to the contrary: Capital punishment ensures that this person will not harm anybody again, ever, 0 chance of repeat offenses....something life imprisonment can't guarantee.
No, it can't, because there's some probability of crime attached to having any person running around free.

Capital punishment also provides zero opportunity for sober second thought years or decades after the fact, or the ability of a parole board (who are also appointed by and represent society, and whose determinations reflect society's will just as much as a judge's sentence does) to weigh the facts at hand and make a determination that justice has been served after something less than the prisoner's entire life... or not. If the prisoner is executed, none of this is available.
 

Mister_T

Forum Relic
Premium Member
9-10ths_Penguin said:
Only because the alternative would mean that my own right to live would be taken away. If an option is available where everybody can live, great - that's the one to choose. But if someone's going to die, I'd prefer it to be the attacker and not me..
Right, but then it's not "everyone has a right to life." It's "those who don't try and kill me have a right to life." Thus creating a double standard.

9-10ths_Penguin said:
Usually in their capacity as a witness, not because of special status as a victim. If a person is a victim of a crime, their testimony will often be key in putting their attacker away. If the victim doesn't co-operate, the prosecution doesn't have the material to do its job.
If a person in the U.S. is a victim of a crime (family included), they have the right to press charges against the offender. Victims and/or their families can play a big part in pursuing prosecution.

9-10ths_Penguin said:
But if two punishments both "fit the crime", then there's no reason to choose the more severe one rather than the lesser one.
Indeed, but some states in the U.S. feel that life imprisonment does not fit the crime of cold blooded murder and with good reason: A person In the U.S. can spend the remainder of their life in jail for things beside cold blooded murder. Giving a cold blooded murderer the same punishment as somebody who has committed three non-lethal felonies, hardly seems fair.

9-10ths Penguin said:
When I said "overall" effect, I was trying to capture all consequences of the sentence: general and specific deterrence, rehabilitation, and whatever other goals the punishment is meant to acheive.
Understood now.

9-10ths_Penguin said:
But when it comes to capital punishment, study after study has shown that the death penalty is not an effective deterrent - it's no more effective than life imprisonment, so if we want to justify its use, we have to look to other reasons.
Good point.

9-10ths_Penguin said:
Okay... I think things have gotten a bit confused now. What was the point you thought we were discussing? I have a feeling that it's different from the one I thought we were talking about. :)
I thought we were talking about the difference between a cold blooded killer and a vigilante killer, but who knows at this point, we've gone off on a lot of tangents. :p

9-10ths_Penguin said:
No, the victim does matter. IMO, killing someone like Jeffrey Dahmer is a much lesser crime than killing an innocent child... but they're both still crimes.
I think if something like that is justifiable, then it shouldn't be considered a crime.

9-10ths_Penguin said:
In your mind, does the worth of a life change depending on the merits of the person?
Depends on what you mean by "merits." If I had the choice between executing a child killer or allowing him to live knowing there's a very good chance that he'll take the life of a child, I will choose the child's life over his.
 

Mister_T

Forum Relic
Premium Member
I'll get to the rest of your post later Jeff. I had to switch computers and if I didn't post what I had already typed, I would have lost it. :)
 

Quiddity

UndertheInfluenceofGiants
Don’t really see a need for Capital Punishment anymore. Outside of saving tax dollars (which is debatable because of the due process) saved, there isn’t much reason for the death penalty.
 

McBell

Unbound
Don’t really see a need for Capital Punishment anymore. Outside of saving tax dollars (which is debatable because of the due process) saved, there isn’t much reason for the death penalty.
I disagree.
The biggest reason for capital punishment is punishment.
The Biblical God certainly believed in it, for he/she/it used it quite often.
 

Quiddity

UndertheInfluenceofGiants
I disagree.
The biggest reason for capital punishment is punishment.
The Biblical God certainly believed in it, for he/she/it used it quite often.
That's nice, but I don't believe in taking someones life as a form of punishment.
 

McBell

Unbound
I guess you and the OT God agree then?

Thus says Mestemia.....
Agree with what?
Capital punishment?
I guess so.
So is it that you disagree with the Bible or is it that my opinion of what the Bible says is different than your opinion of what the Bible says?

Or perhaps you are one of those who believe that what God does is not a good example for the behavior of people when gods behavior contradicts what god says?
 

Quiddity

UndertheInfluenceofGiants
Agree with what?
Capital punishment?
I guess so.
So is it that you disagree with the Bible or is it that my opinion of what the Bible says is different than your opinion of what the Bible says?

Or perhaps you are one of those who believe that what God does is not a good example for the behavior of people when gods behavior contradicts what god says?
No, it's just that I disagree with your interpretation of it. God has killed, no doubt, but I really don't spend much time dialoguing on it when someone is bent on extracting the most vile and dark interpretation out of text.
 

kai

ragamuffin
A gross generalization on your part.


i dont agree how many people tuck in to roast beef or lamb chops and have ever been to a slaughter house , how many have ever seen the death of another human being by violence.

i am against state sponsered killing because it serves no purpose, no deterence , nothing ,its a false argument and a backward one. and giving a religious view point for killing is even worse than a political one
 

McBell

Unbound
No, it's just that I disagree with your interpretation of it. God has killed, no doubt, but I really don't spend much time dialoguing on it when someone is bent on extracting the most vile and dark interpretation out of text.
Translation:
My all loving deity would never do anything that 'I' think is not loving unless he/she/it has a really good reason, but it does not matter anyway cause he/she/it is the great grand teacher of "Do as I say, Not as I do." Not that we mere mortals are even aloud to think about questioning him/her/it.
See, I can play the "dictate to others what they believe" game as well.
But since you are so hell bent on not actually discussing capital punishment...
 

9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
Right, but then it's not "everyone has a right to life." It's "those who don't try and kill me have a right to life." Thus creating a double standard.
But I have a right to life as well. To me, this is very much a "your right to swing your arms ends at the tip of my nose"-type issue. If I'm being attacked, and my right to life can't be maintained without depriving someone else of their right to life, then if I don't defend myself by killing my attacker, then I would be deprived of my own right to life. Someone's rights must be deprived in this situation - killing in self defense isn't a double standard, it's pragmatism: coming up with the best result when none of the available alternatives are ideal.

If a person in the U.S. is a victim of a crime (family included), they have the right to press charges against the offender. Victims and/or their families can play a big part in pursuing prosecution.
But doesn't the DA have the discretion to not try a case? I'm sure that most DAs wouldn't want to go ahead with a case that they didn't think they could win (and invoke the double jeopardy prohibitions against re-trying the case later) just because the family wanted someone charged.

Indeed, but some states in the U.S. feel that life imprisonment does not fit the crime of cold blooded murder and with good reason: A person In the U.S. can spend the remainder of their life in jail for things beside cold blooded murder. Giving a cold blooded murderer the same punishment as somebody who has committed three non-lethal felonies, hardly seems fair.
However, "Three Strikes" laws aren't fair to begin with, IMO. I see the problem you're talking about, but I think the solution lies in the other direction: if people are getting sentences that are disproportionate to the crime for lesser offenses, then I think the solution is to reduce their severity, not necessarily increase the severity of the sentence for murder.

Understood now.

Good point.

I thought we were talking about the difference between a cold blooded killer and a vigilante killer, but who knows at this point, we've gone off on a lot of tangents. :p

I think if something like that is justifiable, then it shouldn't be considered a crime.
Was it?

From what I've read, Dahmer's killer, apparently schizophrenic, told investigators that God told him to murder Dahmer and the other member of his work group. An alternate theory was that it was racially motivated revenge: most of Dahmer's victims were black, and the other prisoner who was killed had falsely implicated two black men in the murder of his wife.

Would either of those motives count as "justification"?

Depends on what you mean by "merits." If I had the choice between executing a child killer or allowing him to live knowing there's a very good chance that he'll take the life of a child, I will choose the child's life over his.
And if those are the only two options available and I knew that there was a very good chance that he'd re-offend, I might agree with you... but there are other ways of doing things.

For instance, within the past few years here, they've introduced the dangerous offender designation to the Criminal Code. If a person has been convicted of sexual assault or certain other violent offences and the Crown believes that the criminal has a significant risk of re-offending, they can apply to have the criminal designated a "dangerous offender". If the request is approved, then the criminal isn't automatically released at the end of his original sentence; instead, he's held indefinitely and assessed regularly until it's established that he's no longer a risk. If this never happens, he stays in prison for life.
 

ravenstrike

Court Jester
:areyoucra...how exactly did you get this from what I said?
Well, if we will not kill, we will either let them free, to perpetrate more crimes, or we will imprison them, which is simply killing by proxy. There is no middle ground. Who are we to claim that a person can kill a man, spend 18 years of living off tax-payers money, with access to education, food, even tatoo artists, and then walk free? That is at least miscarriage of justice, and in my opinion, outright evil. Evil unchallenged is evil sanctioned. We must destroy it, plain and simple.
 
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