Cleon
King of the Pod People
Yeah, I'm with Claus and Shanek on this one. Call me a commie, call me a libertarian, but I don't like the idea of giving the government the right to kill its citizens.
sackett said:Some people here support the death penalty, but I'm certain that nobody is enthusiastic about it.
You do meet execution fans, alas. I have a special type of regard for them, the tough-talkers who declare as if they were proud of it, “Nyeah, ‘n I’d pull the lever m’self!â€
Bless their hearts, I bet they would, after the prisoner had been rendered helpless by a bunch of guards. But I wonder: What if one of these volunteer executioners found himself alone with the condemned man, bare-handed in some quiet place? I wonder how courageous he’d be then? Would he still regard the death penalty as a stern duty to be carried out by a virtuous citizen? Oh well, you know what I think would happen.
Cleon said:Yeah, I'm with Claus and Shanek on this one. Call me a commie, call me a libertarian, but I don't like the idea of giving the government the right to kill its citizens.
Am I correct in assuming here that your saying that if a society is not affluent enough to humanly imprison a violent criminal that it is acceptable to execute him? Would not the fallible judicial system argument appy here? What about alternatives. Which countries that exists now are not affluent enough to support a encarceration facillity?However, if there is no such affluence to allow for reasonably sure removal from society, we may reach a different result as a matter of simple self-preservation. If someone insists on raping and killing children, and we can't afford to imprison him or otherwise remove him from society, well... it is him or the innocents, and I vote him...
Cleon said:Yeah, I'm with Claus and Shanek on this one. Call me a commie, call me a libertarian, but I don't like the idea of giving the government the right to kill its citizens.
LegalPenguin said:Nah... Not a commie (those guys wrote the book on the idea) or a libertarian... maybe just a bit short-sighted...
It is a reasonable point of view if you presuppose a level of affluence that allows for other forms of punishment, such as humane imprisonment. It can be that the DP just makes no sense.
However, if there is no such affluence to allow for reasonably sure removal from society, we may reach a different result as a matter of simple self-preservation. If someone insists on raping and killing children, and we can't afford to imprison him or otherwise remove him from society, well... it is him or the innocents, and I vote him...
So I'm lothe to make a blanket declaration that the Death Penalty is wrong...
There is a difference between killing someone that the legal system has given a chance to defend versus killing someone because you felt like it. A big difference.
LegalPenguin said:The state can kill... it can kill to protect its citizens in other contexts, and just because you don't see the connection with a death penalty doesn't mean it doesn't exist.
CFLarsen said:
When you are asked to explain what a violent crime is, you give me your opinion and not the legal definitions.
You can't prove that the death penalty is a deterrent.
I don't play that game.
LegalPenguin said:"Some form of compensation?" Again, the 25 years are not reverseable either. A few bucks? Whoopee...
KelvinG said:As long as there exists even a small chance that an innocent person can be put to death, then I say error on the side of caution and abolish the death penalty.
Some of those released from death row during the past 20 years include:
* Wilbert Lee and Freddie Pitts in Florida in 1975. They were convicted of a double murder and sentenced to death. They were released and received a full pardon from Governor Askew because of their innocence. Another man had confessed to the killings.
* Randall Dale Adams in Texas in 1989. He was ordered to be released by the Texas Court of Appeals after new evidence emerged. The prosecutors declined to seek a new trial. Adams was the subject of the movie, The Thin Blue Line, which was produced while he was still in prison.
* Clarence Brandley in Texas in 1990. Brandley was awarded a new trial when evidence of racism, perjury and suppression of evidence was uncovered. After ten years on death row, all charges were dropped.
* Gary Nelson in Georgia in 1991. Nelson's representation at trial was a disgrace. Fortunately, a major law firm in Atlanta took over his case. The county district attorney eventually acknowledged: "There is no material element of the state's case in the original trial which has not subsequently been determined to be impeached or contradicted."
* Kirk Bloodsworth in Maryland in 1993. Bloodsworth was convicted and sentenced to death for the rape and murder of a young girl. He was first granted a new trial and given a life sentence. He was released after subsequent DNA testing confirmed his innocence.
* Walter McMillian in Alabama in 1993. His conviction was overturned by the Alabama Court of Criminal Appeals, and he was freed, after three witnesses recanted their testimony and prosecutors agreed the case had been mishandled. His case was the subject of a 60 Minutes investigation.
* Andrew Golden in Florida in 1994. Golden's conviction was overturned by the Florida Supreme Court in 1993. The court held that the state had failed to prove that the victim's death was anything but an accident. Golden, a former teacher, was released into the waiting arms of his children on January 6, 1994.
* Rolando Cruz in Illinois in 1995. Cruz was sentenced to death for the murder of 10-year-old Jeanine Nicarico. Another man, Brian Dugan, confessed to the killing. An assistant state attorney general resigned and other law enforcement officials protested, because they thought it improper to continue the prosecution of Cruz, whom they said was innocent. In July, 1994, the state Supreme Court overturned Cruz's conviction. Cruz was acquitted at his retrial in November, 1995.
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