LegalPenguin said:
I trust others with taking human life. I trust the army if we are invaded, the police if there is a severe criminal attack, and so forth.
We are not talking about war or a riot. We are talking about punishment of criminals.
LegalPenguin said:
Furthermore, the death penalty is part of the criminal law sphere.
That depends entirely on where you are. According to Amnesty International, there are 74 countries still maintain the death penalty in both law and practice. Those are:
Afghanistan, Antigua and Barbuda, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Botswana, Burundi, Cameroon, Chad, People's Republic of China, Republic of China (Taiwan), Comoros, Democratic Republic of the Congo, Cuba, Dominica, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Ghana, Guatemala, Guinea, Guyana, India, Indonesia, Iran, Iraq, Jamaica, Japan, Jordan, Kazakhstan, North Korea, South Korea, Kuwait, Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Libya, Malawi, Malaysia, Mongolia, Nigeria, Oman, Pakistan, Palestinian Authority, Philippines, Qatar, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Sierra Leone, Singapore, Somalia, Sudan, Syria, Tajikistan, Tanzania, Thailand, Trinidad and Tobago, Uganda, United Arab Emirates, United States, Uzbekistan, Vietnam, Yemen, Zambia, Zimbabwe.
The US is the only one country in the western civilization that has the death penalty.
Source
LegalPenguin said:
It is perfectly consistent for a fan of limited government to approve of death as a punishment for murder while objecting to government involving itself in other matters. Fighting violent crime is beyond question a legitimate governent function. Other government acts may not be.
But the death penalty is not
merely for violent criminals. It is also for these crimes, in these states:
Arkansas. Treason.
California. Train wrecking; treason; Perjury causing execution.
Colorado. Treason.
Florida. Capital drug trafficking.
Georgia. Treason.
Louisiana. Treason (La. R.S. 14:30, 14:42, and 14:113).
Mississippi. Aircraft piracy (97-25-55(1) MCA).
Source
I assume that you don't think there should be death penalty for treason, drug trafficking or aircraft piracy?
LegalPenguin said:
No it doesn't. Could be that the first person cannot be rehabilitated and poses a great danger even in prison, while the second is less dangerous. Would "justice" require that these people be punished the same, or is it OK with you if we consider the whole set of circumstances?
You cannot change the premises of my point and then declare that I am wrong. Read what I wrote: "Committing the same crime". The same circumstances. Surely, you are not going to claim that two exact cases are always dealt with the exact same way?
LegalPenguin said:
Part of the idea of allowing a government to punish is to remove the need for lynch mobs. Your point may point to more procedural safeguards, but it doesn't really argue against the punishment itself.
Sacco & Vanzetti. The Rosenbergs. No lynch mob mentality, even at state level?
LegalPenguin said:
"Some form of compensation?" Again, the 25 years are not reverseable either. A few bucks? Whoopee...
Like I said, it's not perfect. But it's not irreversible either, as the death sentence is.
LegalPenguin said:
That a principle appears in the bible is hardly evidence that the principle is somehow primitive and wrong.
Nevertheless, "an eye for an eye" is the basis of the death penalty. Today, humanity has progressed a bit further than than. Well, some parts of it.
LegalPenguin said:
Lets see... you claim an eye for an eye is primitive, but then go on to hope that people are raped.
Not at all. I am simply pointing out what happens in prisons, as an example of it not being a very nice life.
LegalPenguin said:
Never mind that the person might be innocent or be the one that winds up raping the innocent and having a good time...
But you think it is OK to
kill that innocent person? That's what I mean when I say it is contradictory.
LegalPenguin said:
Somebody has to be the Bubba for you and people like you to happily suggest that rape is a legitimate part of the punishement. Here's a clue... it usually has nothing to do with the magnitude of the crime... if anything it seems reasonable to speculate that the worse the crime the more likely the prisoner will be getting the better half of the rape deal.
Advocating for any kind of rape is reprehensible behavior.
But since they might get a few bucks if it turns out they are innocent I guess it is all just wonderful, eh?
Since I am not advocating that, it isn't relevant for me to respond. However, I am glad that we agree that life in prison is not nice.
LegalPenguin said:
Perhaps, but so what? People don't like for animals to die and then go eat a burger. There are other reasons for the death penalty besides detterence, such as removing a future danger. Merely pointing out that as applied one facet of our system (lack of grusomeness) doesn't seem to further that one reason(detterence) isn't really persuasive.
"So what"? If the death penalty isn't meant to be a deterrent, then it is only a means for
revenge. Not
justice.
That's primitive.