But what gives the Government the right to exact that punishment?
In the USA, The same thing that gives the government the right to do anything else: the power granted to the government to express the people's will, by the constitution.
It is true that certain things are forbidden the government by the constitution--such as establishing religion, or arrest without warrant--but not the passage of capital punishment laws.
Morally speaking, things are simpler. Some crimes are so henious that only the ultimate penalty fits them; anything less is an offense against our sense of justice. It would have been a cruel joke on his victims to let Ted Bundy (for example) live.
What are we really communicating? Certainly not that murder is bad or immoral - because we are allowing our government to do the very same thing!
Nonsense. By this view, imprisoning kidnappers, or fining thieves, is also immoral, because we are doing "the exact same thing" the criminals did--restricting their freedom or taking their money.
The killing of a convicted murderer (like that of an enemy soldier at war or an intruder in self-defense) is NOT the same thing as the commitment or murder; not all killing is murder, or even wrong--as in this case.
No, we are precisely saying that life IS precious and that murder IS wrong--because those who would take the life FOR NO CAUSE deserve to have theirs taken AS PUNISHMENT.
The fact that we believe they deserve the worst punishment that we may inflict is precisely proof that we consider their crime the most henious, because it destroys the most precious thing in their victims.
I am with several other posters, while it sounds great and feels emotionally thirst quenching to KILL a sadistic murderer, I am not sure it is in a civilized nation's best interest!
Yes, OF COURSE it is revenge. OF COURSE it is hatered. But what is wrong with hating a sadistic murderer and wishing to do to unto him what he did to his victims? At least part of what we call "justice" is precisely the formalization of revenge, in the form of legal punishment.
Once you divorce the justice system from its commitment to punish offenders for their crimes, the system no longer deserves that name. It might be called a "rehabilitation system", or a "temporarily contained for society's good system", but it no longer has any justice in it.
You ask me what right the state has to engage in revenge and hate. I ask you what right it has NOT to do so. When people gave up the right to avenge wrongs personally and gave it to the government, they gave ON CONDITION that the government, too, will care for justice, and when necessary side with those who were wronged against the criminal.
There are numerous advantages to this: above all, it allows for IMPARTIALITY in the establishment of guilt and, if guilt be found, of punishment--to protect the wrongly accused of punishment, and the guilty of excessive punishment. But when you commit a saidstic murder, death isn't excessive punishment. The state has no right, in such cases, to abrogate its responsibility to bring justice to the victims.
We would never thin[k] of supporting a movement whose ralllying cry was to "kill anyone who killed another."
But we don't. First of all, again, not all killing is murder. In the case of murder, too, there are grades of responsiblilty: murder in the heat of passion in an argument, for example, is seen as less severe than a cold-blooded planned one. There are many other exenuating circumstances (such as mental illness, etc.) Only the most severe murders are candidates for the death penalty. As they should be.
This is because we often wait to come to a decision about guilt, suspend judgement until our reason and rationality can overcome our emotional involvement!
True. That's why there are impartial judges, and the trial takes place after some delay, often in another county. But what makes you think that it is "irrational" to feel hatered and demand revenge of sadistic murderers? What makes you think it is "irrational" to punish those people with death, as an expression of the people's disgust and condemnation of such acts?
No, the idea that revenge and hatered are BY DEFINITION "irrational" is simply wrong. You are quite right that we do not allow INDIVIDUAL feelings of hatered and revenge to determine guilt and punishment--that's why we have impartial judges, etc. . But it is is just as true that the COMMUNITY, as expressed by the judge and jurors, often is quite right in expressing its hatered of the murderer and demand his crime be avenged.
It was right to hate Hitler. It was right to hate John Wayne Gacy. It was right to hate Ted Bundy. To say that this is being "irrational" is to tell us to have no sense of justice.
In the case of a very young murderer (10 or 11) we argue that "he did not know better!"
True. Which is why the death penalty doesn't apply in such cases.
Or if the murderer was instructed to perform the act as part of his patriotic duty, it is seen as ok, if not heroic!
True. Because not all killing is murder. A soldier killng the enemy is not a "murderer" for doing so; in fact he didn't do anything wrong.
(I wonder how many of those who keep ranting that soldiers are "patriotic murderers" because they kill, would also call a mother who saved her child from a sadistic child rapist by shooting him in the act a "family-centered murderer". I mean, she KILLED somoene, didn't she?)
We must be careful when arguing that "if someone commits heinous acts such as homicide via 55 knife entries to the face and neck" they are automatically deserving of death themselves.
Of course not. If this was done in a drunken rage, or by a 10-year-old, or in self-defense that later lost control, or by a mentally retarded person, or by any one of a dozen other excuses, the perpetrator would probably not deserve the death penalty. But the assumption here is that none of these apply to this murderer's case.
This will create an opportunity for a very slippery slope. Will another homocidal maniac having killed 55 total people with a single gunshot wound to the forehead be subjected to the same punishment?
Some "slippery slope"! Yes, if we execute THIS guy, we are now in danger of executing ALL mass murderers! The horror! The horror!
And moreover, where do you draw the line (assuming that one does exist in your mind) between who can be rehabilitated and who cannot.
There's no need. When someone commits such a henious crime, to repeat, he deserves punishment for WHAT HE DID, not because it is, or is not, possible to rehabilitate him. What does it matter if he COULD be rehabilitated? Does this somehow negate the fact that he DID commit a vicious murder deserving of death?
As for "who deserves rehab", that's a whole other question. No doubt, there are many petty criminals, non-violent offenders, and the like, who DO deserve rehab--people whose crime was relatively minor and who, after being punished for it as justice demands, still could contribute to society. But they don't include vicious murderers, whose crime deserve the punishment of death.