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Death Penalty

mike3

Master Poster
Joined
Aug 6, 2009
Messages
2,466
Hi.

I was wondering about the death penalty and if/how it can be justified, and have got a lot of questions. I notice a lot of people here on Randi Forum seem to oppose the idea.

What I'm wondering is, why is it so absurd to think that one could potentially forfeit their right to life if they commit an evil that is heinous enough and the evidence of guilt overwhelming? What is so fundamentally wrong with this idea? We know the right to liberty can be sacrificed either temporarily or permanently as a punishment – it's called “prison”, and we use it all the time and few have qualms about its use.

Consider the case of a (fictional) guy named Dogg, a sick, sick puppy (pun intended). Dogg, as the name implies, acts like a dog when he commits his horrific crimes. He's a serial killer that likes to kill victims with his fake-clawed hands and his teeth, and chews and mauls their bodies like, well, a dog. He manages to kill dozens of people and elude the cops, but then his luck runs out and the cops make their home. Further investigation leads to the evidence against Dogg mounting until it becomes overwhelmingly clear that he is guily. He even admits freely to the twisted crimes.

So we have overwhelming evidence and a horrific evil, so why no death penalty?

Now, this question doesn't seem interesting enough in isolation. I notice that on this forum, many seem to also support the idea of military action – war, especially against terrorists and other bad people. Now, war involves killing. And in this case, the idea is to try and kill the bad guys. So how does this work with opposition to the death penalty? Consider, for example, that many here approved of killing Osama bin Laden, QUHHdaffy, and probably all kinds of other nutters and terrorists. Yet why is it OK to kill these bad people in a military raid, but it is NOT OK to kill Dogg in the state electric chair?

Now, I want to go over a few arguments that have been raised to oppose the death penalty. One such argument is that the death penalty can be misapplied and you can execute an innocent man/woman instead of the guilty one. This is regrettable, and indeed it should be minimized. Yet when we consider war, we see that often in cases such as the drone strikes against terrorists, innocents can get killed, and I suspect in these cases that the ratio of innocents killed to guilty killed is much worse than in the case of the death penalty. (Although I'm not sure how one would go about researching that – any ideas? I'd like to figure it out.) But this doesn't discredit war as an option, albeit perhaps not a preferable one, in the eyes of its supporters. So why can't a little “collateral damage” be accepted for the death penalty?

Another argument that naturally would come up here is that the death penalty “does nothing” that prison can't do. Like that the D.P. removes sickos like Dogg from the world so they can't harm anyone else, and so does throwing them in prison for the rest of their lives and throwing away the key. Yet why not do that with terrorists? Why not kidnap them and toss them in some kind of prison instead of killing them? Note that I suppose in this case that since they're in a foreign country, it might not be legally possible to do it, but if it were possible, would you still support lethal strikes (and continue to oppose the DP)? Regardless, the “do nothing” argument may still have a good point. But still, we can also raise the question of life forfeiture mentioned earlier.

Another argument is that the death penalty ignores the possibility of “rehabilitation” of the offender. Why not do that with terrorists? Why not try and capture them and try to “rehabilitate” them? Is it because they are “not rehabilitable”? Yet the same can hold true with criminals. Criminals can be irrehabilitable, and what if Dogg happens to be one of those? It's called psychopathic disorder. Once psychopathic disorder is confirmed, then it is likely that the criminal cannot be rehabilitated. So again, why is it OK to kill bin Laden, but NOT OK to kill Dogg?

Another argument is that death penalties encourage a “culture of violence”, and so perhaps(?) may contribute to what they seek to stop. And yet, militarism doesn't?

There are some arguments however, to which the “military” question seems less relevant, like the idea that death penalties discriminate against “minorities and the poor”, though one could perhaps argue that poor countries are hurt worse by a war. But this doesn't seem to be clearly parallel to “discrimination against 'minorities and the poor'” in the way it is understood as applying to the death penalty.

Yet from the above, it seems like that there may be a case that if you accept military force as a valid option in dealing with certain kinds of bad guys, that it may be reasonable also to be warm to the idea of the death penalty as a valid option in some circumstances, at least insofar as its being morally acceptable or objectionable is concerned, even if one doesn't prefer it as a matter of personal taste.

What do you think? Discuss.
 
I see the death penalty as an act of vengeance rather than a punishment. It has the unique position that we can not reverse it.

In terms of the point you raised with Osama Bin Laden, he had a choice and made it. He decided to fight it out. If he'd been taken alive he would not have faced the death penalty if found guilty
 
I have no idea problem, in principal, with the state eliminating certain individuals (murderers, rapists, kiddie diddlers). If we could be completely sure of their guilt, I think we should eliminate scumbags at a much higher rate than is done now. But we can't, at least not most of the time, so giving people a punishment so final as death is a bad idea. Just lock them in prison and throw away the key. Although even that doesn't happen often enough because a lot of people think we ought to coddle these pieces of trash.
 
In terms of the point you raised with Osama Bin Laden, he had a choice and made it. He decided to fight it out. If he'd been taken alive he would not have faced the death penalty if found guilty

If I am not mistaken, Obama ordered them to kill him.

And if he had been taken alive, he almost certainly would have been executed after being being tried and found guilty. I'm sure that is what will happen to KSM.
 
I see the death penalty as an act of vengeance rather than a punishment. It has the unique position that we can not reverse it.

In terms of the point you raised with Osama Bin Laden, he had a choice and made it. He decided to fight it out. If he'd been taken alive he would not have faced the death penalty if found guilty

What about the case of strikes to "kill terrorists"? If we can do that, why can't we execute (I.e. why can't we kill Dogg if we can kill some terrorists somewhere with a drone strike or missile or whatever)?
 
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I have no idea problem, in principal, with the state eliminating certain individuals (murderers, rapists, kiddie diddlers). If we could be completely sure of their guilt, I think we should eliminate scumbags at a much higher rate than is done now. But we can't, at least not most of the time, so giving people a punishment so final as death is a bad idea. Just lock them in prison and throw away the key. Although even that doesn't happen often enough because a lot of people think we ought to coddle these pieces of trash.

Yet we don't have a "guilt" problem when killing terrorists with military strikes. So why is it a problem for executions?
 
Because war is different that criminal justice.

How does the "difference" make the one killing morally acceptable, and the other killing NOT morally acceptable? I.e. what is the moral difference between shooting that terrorist with a missile to "defend Americans from getting killed" and to send 50,000 volts thru Dogg so Dogg doesn't kill more Americans (I imagine the scenario to be in the USA)?
 
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One such argument is that the death penalty can be misapplied and you can execute an innocent man/woman instead of the guilty one. This is regrettable, and indeed it should be minimized.

I know of one foolproof way of minimizing it. 100% effective.

Better ten guilty men go free than one innocent man suffer. Death is a final and irrevocable punishment and if we allow it to exist innocent people will inevitably be put to death.
 
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How does the "difference" make the one killing morally acceptable, and the other killing NOT morally acceptable?

Because in war, you have to kill the enemy. Or at least it is the smart thing to do if you don't want him to kill you first. You don't have to kill some piece of garbage criminal after you've already captured him, although I think it would be preferable if we could be sure he did it. We can just throw him in prison, and since we probably can't be sure that he did it, this is the better course of action.
 
Because in war, you have to kill the enemy. Or at least it is the smart thing to do if you don't want him to kill you first.

No it isn't. Injuring the enemy is far better since it puts a greater strain on your opponents logistics.

You don't have to kill some piece of garbage criminal after you've already captured him, although I think it would be preferable if we could be sure he did it.

Why? 60 years behind bars vs a quick death. Can't expect everyone to be as merciful as you are.
 
Because in war, you have to kill the enemy. Or at least it is the smart thing to do if you don't want him to kill you first. You don't have to kill some piece of garbage criminal after you've already captured him, although I think it would be preferable if we could be sure he did it. We can just throw him in prison, and since we probably can't be sure that he did it, this is the better course of action.

Yes, if you don't want the terrorist to kill more Americans, killing them would work. But it also "works" to kill Dogg. And how come we can be sure the terrorist did it, and NOT be sure Dogg did what he did?

But also, when we make the decision to initiate the war to kill the terrorists, we are saying that we think they deserve death. Why can't we do the same for a scum bag like Dogg right here?
 
No it isn't. Injuring the enemy is far better since it puts a greater strain on your opponents logistics.

Maybe, but I don't know of any missiles that only cause injuries.

Why? 60 years behind bars vs a quick death. Can't expect everyone to be as merciful as you are.

Why do I think that the death penalty would be preferable if we could be sure of guilt? Has nothing to do with mercy, I would just rather not pay to keep human trash alive for decades.
 
Yes, if you don't want the terrorist to kill more Americans, killing them would work. But it also "works" to kill Dogg.

Yes, but so does putting him in prison.

And how come we can be sure the terrorist did it, and NOT be sure Dogg did what he did?

We can't be sure that the people we kill are terrorists. But unless we want to allow the terrorists to operate, we have to kill them. We don't have to kill criminals we capture; we can just put them in prison.

But also, when we make the decision to initiate the war to kill the terrorists, we are saying that we think they deserve death. Why can't we do the same for a scum bag like Dogg right here?

I guess you can. But if you do, that means you are going to end up killing innocent people when you really don't have to. I don't think it is worth it when we can just not kill them.
 
What I'm wondering is, why is it so absurd to think that one could potentially forfeit their right to life if they commit an evil that is heinous enough and the evidence of guilt overwhelming?
Because as an atheist I believe that we have only one life. My opposition to the death penalty stems in part from this belief.

There's also the fact that I don't see any sufficiently strong benefit from killing criminals. It satisfies some kind of primitive desire for revenge from innocent victims, but simultaneously creates grief in other innocent third parties. "I grieve the loss of my son, so I want two other equally innocent parents out there to lose their son and feel horrible grief so that I will feel better". Wut:boggled:.

What is so fundamentally wrong with this idea? We know the right to liberty can be sacrificed either temporarily or permanently as a punishment – it's called “prison”, and we use it all the time and few have qualms about its use.
a) Removal of liberty and removal of life are two different things.
b) Many of us don't see prison as primarily punishment, but rather a way for any victims to feel safer and for society to have a chance to rehabilitate offenders.
This philosophy is about as far from death penalty as you can get.

So we have overwhelming evidence and a horrific evil, so why no death penalty?
Now, this question doesn't seem interesting enough in isolation. I notice that on this forum, many seem to also support the idea of military action – war, especially against terrorists and other bad people. Now, war involves killing. And in this case, the idea is to try and kill the bad guys.
Common misconception. The objective of warfare participation is to end the war. When Norway sent F-16 fighter jets to Libya, we did so not because we had a burning desire to kill Africans, but because we wanted to prevent the killing of civilians and bring an end to Gaddafi's regime. The idiom about omelettes and breaking eggs comes to mind.

Going into a war specifically to kill people, Dresden carpet bombing-style, is something I strongly oppose.

There's also the modern humanist view that criminals are people, too. When we think "criminal", we don't invent horrible evil characters with "ghetto" names like Dogg, we think of people with real lives, feelings and histories. A lot of death penalty supporters forget this, I suspect.

So how does this work with opposition to the death penalty? Consider, for example, that many here approved of killing Osama bin Laden, QUHHdaffy, and probably all kinds of other nutters and terrorists. Yet why is it OK to kill these bad people in a military raid, but it is NOT OK to kill Dogg in the state electric chair?
Would have preferred both to be captured alive and given fair trials, so can't respond to this one.

So why can't a little “collateral damage” be accepted for the death penalty?
See my arguments above. War isn't about killing people, it's about ending the war. You're confusing the means and the end.

Another argument that naturally would come up here is that the death penalty “does nothing” that prison can't do. Like that the D.P. removes sickos like Dogg from the world so they can't harm anyone else, and so does throwing them in prison for the rest of their lives and throwing away the key. Yet why not do that with terrorists?
When terrorists are killed, it's typically because they're combatants in a conflict. Different scenario entirely.

Another argument is that the death penalty ignores the possibility of “rehabilitation” of the offender. Why not do that with terrorists? Why not try and capture them and try to “rehabilitate” them?
We do. You may have heard about Anders Behring Breivik;)...

Another argument is that death penalties encourage a “culture of violence”, and so perhaps(?) may contribute to what they seek to stop. And yet, militarism doesn't?
Again, pacifist here, and don't want to speak for anyone who's not.

Yet from the above, it seems like that there may be a case that if you accept military force as a valid option in dealing with certain kinds of bad guys, that it may be reasonable also to be warm to the idea of the death penalty as a valid option in some circumstances
Apples and oranges. Killing enemy combatants in an armed conflict and executing prisoners are two completely different things.

A better comparison to killing terrorists would be a SWAT team raiding Dogg's house and shooting him in self-defense when he comes at them with his shotgun.
 
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How does the "difference" make the one killing morally acceptable, and the other killing NOT morally acceptable? I.e. what is the moral difference between shooting that terrorist with a missile to "defend Americans from getting killed" and to send 50,000 volts thru Dogg so Dogg doesn't kill more Americans (I imagine the scenario to be in the USA)?
Because of the middle you've excluded.
 
How does the "difference" make the one killing morally acceptable, and the other killing NOT morally acceptable? I.e. what is the moral difference between shooting that terrorist with a missile to "defend Americans from getting killed" and to send 50,000 volts thru Dogg so Dogg doesn't kill more Americans (I imagine the scenario to be in the USA)?
Because the terrorists are running free, while if you want to execute a prisoner, it logically follows that you have apprehended him or her in the first place -- which in turn means he or she is no longer a threat to society.

You can't compare suicide bombers on the loose to a serial killer in a prison cell. Both the context and motivations for killing them are completely different.
 
I have no problem with the concept of a death penalty. I am quite aware there are people who are not safe to have around in society. OTOH, I am also quite aware the track record is not 100% and find abhorrent the idea of even one single person being executed for a crime they did not commit.

So, in theory - death penalty OK. In application, not.
 

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