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View Poll Results: Are you for or against the death penalty?
For 24 53.33%
Against 21 46.67%
Voters: 45. You may not vote on this poll

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  #76 (permalink)  
Old 09-19-2008
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Re: Are you for or against the death penalty?

Quote:
Originally Posted by Tanngrisnir3 View Post
Yes, but in the cases of the Innocence Project, the system had to be dragged by the nose to actually do the right thing, and the system is not the entity that actually began re-investigation of those cases.

This doesn't particularly show the system in a good light.

Sure it does.

The "system" is not intended to be the entity that begins re-investigation. Its intended to provide a forum for re-examination of the facts to occur
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  #77 (permalink)  
Old 09-19-2008
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Re: Are you for or against the death penalty?

Quote:
Originally Posted by EricOKC View Post
Based upon that logic, we should never even send someone to jail. Why should someone give up say, 5 years of their life for burglary unless we can be 100% positive they did it?
No, that's not the conclusion. My argument is specifically against capital punishment. I'm arguing for a life sentence instead of a death sentence.

Quote:
We do.
No, we don't. Every possible chance would include the remainder of that person's natural life. Ending it prematurely eliminates the chance that something will prove their innocence in the future.

Quote:
Again, there isn't a single person in jail who is innocent. They have ALL been found guilty of a crime.
Ok, should I have said there are people in jail who did not commit the crimes they were convicted of? Do we want to continue to dance around the issue with word play?

I guess they're guilty by definition of the state, but that's nothing more than guilt by decree. I'm actually surprised to hear you argue that the state is always right in these cases.
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  #78 (permalink)  
Old 09-19-2008
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Re: Are you for or against the death penalty?

Quote:
Originally Posted by Hafke View Post
As would execution (as long as the person is actually guilty).
Execution doesn't prevent crime any better than incarceration and it generally costs more and clogs up the court system. Granted, some offender may eventually be paroled, but with offenders granted parole in the US, it's pretty unlikely that they would be up for the death penalty in the first place. And, if you listen to the tenor in threads discussing this, particularly by death penalty supporters, most of them support the punishment not for any practical reasons, but because it makes them feel warm and fuzzy to think that people are getting what they deserve. That isn't practical - it's do-nothing, feel good legislation, like upping the fines associated with DUI's or sentencing people to two years instead of one for having a couple of grams of coke.

Another thing to keep in mind is that the death penalty is dying its own death by neglect pretty much everywhere but Texas. People are infrequently tried in capital cases, jury's are more hesitant to use it, and inmates sit on death row for dozens upon dozens of years before being executed, if they ever actually are. So, even with the teeth there in the legal system through SCOTUS rulings, the people seldom seem to have the stomach to actually enforce it.
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  #79 (permalink)  
Old 09-19-2008
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Re: Are you for or against the death penalty?

Quote:
Originally Posted by drgoodtrips View Post
Execution doesn't prevent crime any better than incarceration and it generally costs more and clogs up the court system. Granted, some offender may eventually be paroled, but with offenders granted parole in the US, it's pretty unlikely that they would be up for the death penalty in the first place. And, if you listen to the tenor in threads discussing this, particularly by death penalty supporters, most of them support the punishment not for any practical reasons, but because it makes them feel warm and fuzzy to think that people are getting what they deserve. That isn't practical - it's do-nothing, feel good legislation, like upping the fines associated with DUI's or sentencing people to two years instead of one for having a couple of grams of coke.

Another thing to keep in mind is that the death penalty is dying its own death by neglect pretty much everywhere but Texas. People are infrequently tried in capital cases, jury's are more hesitant to use it, and inmates sit on death row for dozens upon dozens of years before being executed, if they ever actually are. So, even with the teeth there in the legal system through SCOTUS rulings, the people seldom seem to have the stomach to actually enforce it.

So its just about the money for you ?

If capital charges are happening less frequently thats another sign the system is working. Prosecuters have a much higher bar to clear and they won't go there unless they know they can clear it.

Average time on death row is 10 years, we've turned them around in as few as 2 (these were open and shut cases) here.
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  #80 (permalink)  
Old 09-19-2008
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Re: Are you for or against the death penalty?

Quote:
Originally Posted by drgoodtrips View Post

Another thing to keep in mind is that the death penalty is dying its own death by neglect pretty much everywhere but Texas. People are infrequently tried in capital cases, jury's are more hesitant to use it, and inmates sit on death row for dozens upon dozens of years before being executed, if they ever actually are. So, even with the teeth there in the legal system through SCOTUS rulings, the people seldom seem to have the stomach to actually enforce it.

I think one of the few good things Governor George Ryan did in this state was to effectively end the death penalty. He wasn't the first governor to do it, but I know other states have done it since then.
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  #81 (permalink)  
Old 09-19-2008
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Re: Are you for or against the death penalty?

Quote:
Originally Posted by wphelan View Post
No, that's not the conclusion. My argument is specifically against capital punishment. I'm arguing for a life sentence instead of a death sentence.
But see, here you're making a compromise and also playing with a person's life.

If you're certain enough they did it to put them in jail for the rest of their natural life, putting them to death shouldn't be any different. Otherwise, what you're REALLY saying is that you're not 100% sure they did the crime and you want a chance to maybe change your mind later. This is nothing but a capricious and emotional application of justice.

IMNSHO, those who oppose the death penalty for the reason you stated are basically just wishy-washy non-committal people. Either you stand by your decisions or you dont - life has no do-overs.
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  #82 (permalink)  
Old 09-19-2008
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Re: Are you for or against the death penalty?

Quote:
Originally Posted by daddio View Post
So its just about the money for you ?
No. It's about money and effectiveness.

Quote:
If capital charges are happening less frequently thats another sign the system is working. Prosecuters have a much higher bar to clear and they won't go there unless they know they can clear it.
Or, to be more cynical, executing fewer people means a lower expected value of innocent people executed.

/shrug

Quote:
Average time on death row is 10 years, we've turned them around in as few as 2 (these were open and shut cases) here.
Are you from Texas (I can't see your "from" while replying )?
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  #83 (permalink)  
Old 09-19-2008
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Re: Are you for or against the death penalty?

Quote:
Originally Posted by Hafke View Post
In many ways I have the luxury of not thinking about this, because it was written out of the Irish Constitution, but it's still a serious issue. On the one hand, the thought of the DP makes me feel physically ill. On the other hand, why should my squeamishness dictate the law? While I'm concerned about the issues of prisoner rights and cruel and unusual punishments, there is also the issue of why the prisoner's rights should come before those of their victim's. I'd like to know what people think, especially those from places which actually have the DP.
Si Modo's post concisely forms three of my strongest conclusions why I once favoured the DP but now am against it, although I won't lose any sleep over the DP where it is imposed upon people who commit premeditated murder with aggravating circumstances where guilt is beyond all doubt and not just a reasonable doubt and I believe as the courts did that they were properly convicted in accordance with the law:

Quote:
Originally Posted by Si modo View Post
I used to be for it. I am against it now for three reasons:

As mistakes can and do occur in our justice system, this penalty is too final. It cannot be reversed, obviously.

Also, with the mandatory appeals (good idea, too) it is often more of a financial strain on our system than a life penalty.

And my third reason is more of a punative nature. Life behind bars with no possibility of parole is often more of a unpleasant prospect than having it over with.
I have a contingency, however. In cases of premeditated murder, the alternative sentence must be life imprisonment without parole. Just citing Ireland as an example, 'life' for such crimes still often doesn't mean life. In fact, some get out with less than 15-20 years incarceration. That's true in many countries that do not have the DP.

If premeditated murderers aren't going to be given life imprisonment without parole, then I'd rather see the DP imposed upon them. To not impose life without parole does not treat the crime with the severity it deserves, insults the victim and gives undue excuse to the murderer, creates a mathematical incentive for those willing to commit murder to attempt it via a cost/benefit analysis (i.e., the odds of getting caught, how much there is to gain by committing the murder versus the sanction of getting caught, etc), insults and causes undue pain to the living relatives and loved ones of the victim, and endangers the public by releasing known murderers back into society.

Last edited by O'Sullivan Bere; 09-19-2008 at 02:53 PM.
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  #84 (permalink)  
Old 09-19-2008
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Re: Are you for or against the death penalty?

Quote:
Originally Posted by wphelan View Post
I think one of the few good things Governor George Ryan did in this state was to effectively end the death penalty. He wasn't the first governor to do it, but I know other states have done it since then.
Going out in a blaze of lame-duckery (Ryan gave new meaning to the phrase, lol) and clearing your conscience, I suppose. Yeah, I had no real issue with what he did.
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  #85 (permalink)  
Old 09-19-2008
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Re: Are you for or against the death penalty?

Quote:
Originally Posted by drgoodtrips View Post
No. It's about money and effectiveness.



Or, to be more cynical, executing fewer people means a lower expected value of innocent people executed.

/shrug



Are you from Texas (I can't see your "from" while replying )?


Virginia
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  #86 (permalink)  
Old 09-19-2008
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Re: Are you for or against the death penalty?

Quote:
Originally Posted by EricOKC View Post
But see, here you're making a compromise and also playing with a person's life.

If you're certain enough they did it to put them in jail for the rest of their natural life, putting them to death shouldn't be any different. Otherwise, what you're REALLY saying is that you're not 100% sure they did the crime and you want a chance to maybe change your mind later. This is nothing but a capricious and emotional application of justice.

IMNSHO, those who oppose the death penalty for the reason you stated are basically just wishy-washy non-committal people. Either you stand by your decisions or you dont - life has no do-overs.
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Old 09-19-2008
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Re: Are you for or against the death penalty?

Quote:
Originally Posted by EricOKC View Post
But see, here you're making a compromise and also playing with a person's life.

If you're certain enough they did it to put them in jail for the rest of their natural life, putting them to death shouldn't be any different. Otherwise, what you're REALLY saying is that you're not 100% sure they did the crime and you want a chance to maybe change your mind later. This is nothing but a capricious and emotional application of justice.

IMNSHO, those who oppose the death penalty for the reason you stated are basically just wishy-washy non-committal people. Either you stand by your decisions or you dont - life has no do-overs.
To convict a person the belief in guilt need not be 100%, but only beyond what the jury concludes is a reasonable doubt. To try to prove a person guilty beyond all doubt would free too many likely guilty people and make the prosecution of a person too hard. The lesser burden of 'reasonable doubt' instead of 'beyond all doubt,' however, leaves room for error by its own admission. It tries to work the system on the balance as effective as it can to let it work, but knows that it still might convict some innocent people. This is especially true in cases where juries must make credibility calls on different and even conflicting witness testimony, which jury instructions allow them to do.

Here is the introductory paragraph of the PA standard jury instruction on reasonable doubt, which is similar to that of every other state, and it comes right out and says so in the beginning of it:

Quote:
Reasonable Doubt

Although the Commonwealth has the burden of proving that an accused is guilty, this does not mean that the Commonwealth must prove its case beyond all doubt and to a mathematical certainty, nor must it demonstrate the complete impossibility of innocence.

. . .
PA Standard Criminal Jury Instructions, Volume I, Chapter VII, 7.01(3) & (4) (d)

And much room for error exists in that process, and not just with physical evidence and inferences. For example, making credibility calls on witness testimony is a big area of judgement error, never mind other things such as misidentification, etc.

Here is the opening paragraph of a standard federal jury instruction on credibility of witnesses:

Quote:
Credibility of Witnesses - Generally

You, as jurors, are the sole and exclusive judges of the credibility of each of the witnesses called to testify in this case and only you determine the importance or the weight that their testimony deserves. After making your assessment concerning the credibility of a witness, you may decide to believe all of that witness’ testimony, only a portion of it, or none of it.

. . .
(1 Devitt, Blackmar, Wolff and O’Malley, Federal Jury Practice and Instructions, §15.01 (4th ed. 1992).
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  #88 (permalink)  
Old 09-19-2008
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Re: Are you for or against the death penalty?

Quote:
Originally Posted by EricOKC View Post
But see, here you're making a compromise and also playing with a person's life.
This has nothing to do with playing with lives. It has everything to do with justice. What's the compromise? Humans make mistakes. Knowing this, I'm going to err on the side of life and liberty and give the innocent people a chance to clear their name. It's too late when they're dead.

Quote:
If you're certain enough they did it to put them in jail for the rest of their natural life, putting them to death shouldn't be any different.
There's no difference between life in prison and execution? If that's the case, what are we arguing about? Why bother risking the lives of innocent people?


Quote:
Otherwise, what you're REALLY saying is that you're not 100% sure they did the crime and you want a chance to maybe change your mind later. This is nothing but a capricious and emotional application of justice.
We're never really 100 percent sure they did the crime. That's the point! Are you REALLY saying you are 100 percent sure of their guilt?

If the evidence changes or new evidence comes to light that makes the convicted person's guilt reasonably doubtful, then that person should go free. Believe it or not, my argument has no basis in emotion. It's based on justice alone. I think it's quite unjust for an innocent man to be put to death by the state for another's crime. Do you disagree?

Quote:
IMNSHO, those who oppose the death penalty for the reason you stated are basically just wishy-washy non-committal people. Either you stand by your decisions or you dont - life has no do-overs.
What do you think of the appeals process? Do you think we should do away with appeals? If not, wouldn't that make you a wishy-washy non-committal person?

I don't believe I've introduced any emotionally based argument anywhere in this thread. Yet, you tell me I'm arguing for a "capricious and emotional application of justice." I've done nothing of the sort.

To the contrary, the emotional arguments have come from those in support of the death penalty. I need only reference Steve's post: Are you for or against the death penalty?

What is gained by applying capital punishment as opposed to life in prison? What is there besides the emotional 'thrill' of seeing a bad guy get his comeuppance?
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  #89 (permalink)  
Old 09-23-2008
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Re: Are you for or against the death penalty?

Quote:
Originally Posted by wphelan View Post
The very fact that we cannot get "proof beyond ALL doubt" about innocence and guilt is the reason I think it's wrong to continue capital punishment in this country. I'd like to see us give the innocent every possible chance to set the record straight. I don't see how executing the guilty is worth it when some innocent people are the price.
I'm for the death penalty when there is definite PROOF that a person is guilty. It can and often is obtained and there's no reason that someone should live if eyewitnesses watch him brutally kill someone in a robbery, mass murdering, etc.
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Old 09-23-2008
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Re: Are you for or against the death penalty?

I was looking through this thread yesterday and i thought it somewhat pointless bumping it up and saying that i supported the DP as everyone i'm sure, already knows that.

But without glossing back through the thread i think i remember somebody asking if say one per hundred executed was innocent could i live with that and that made me think....but ultimately yes, if an innocent person was executed that would be bearable, i would certainly not wanna the see the DP be stopped as a practise for an error or mistake.
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