ThatDamnedPanda -> RE: The death penalty (5/3/2009 2:05:59 PM)
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quote:
ORIGINAL: kdsub Many are arguing that capital punishment sometimes kill innocents…I think there is irrefutable evidence that this is correct and the application of this law needs to be changed to protect the innocent. But what if the laws can be changed to where only the absolute guilty, those with multiple eyewitnesses…overwhelming evidence…caught the act criminals…could be considered for capital punishment… would you still be against its use? Yes, for at least two reasons. First of all, there is no such thing as an absolutely perfect, infallible system of determining guilt. It's impossible. You could cherry-pick a few examples of where such an absolute determination can be made, and in most of those cases I'd agree that there's no question you got the right guy, but for every one you cherry-pick I could find a hundred where it can't apply. So who decides where this standard of infallibility applies, and where it doesn't? Some human being. And there goes your infallibility and your absolute objectivity right there, right out the window. And second, even if it were technically possible it would be unconstitutional. You can't have different degrees of guilt. Under our system of justice, you're either guilty beyond a reasonable doubt or you're not guilty. There's no category in between for "we're almost positive you're guilty, but we might be wrong, so we're hedging our bets just in case we fucked up." quote:
ORIGINAL: kdsubIf the crime were committed against someone you loved would that change your way of thinking. Probably not. I hope i never find out for sure. quote:
ORIGINAL: kdsub If a loved one were killed by a paroled murder that in the original trial had absolute guilt… would you still think Capital Punishment was not a deterrent to murder? Depends on the circumstances. Way too many possible variables in your hypothetical. quote:
ORIGINAL: kdsub In you mind is there no crime deserving of death? In my mind there are many, many crimes deserving of death. But that's not the issue. The issue is not whether someone deserves to die; it's whether the state has the right to take their life. In a society that purports to be civilized, I do not believe that it does. quote:
ORIGINAL: kdsub But you can be sure in some instances...many murders have been captured in the act... on camera...witnessed by millions on television. .... There are many murders where there is no doubt. How many? Expressed as a percentage? I think you'd find that the number of murders where the identity of the killer is absolutely, 100% certain is quite small. Far too small from which to hang a substantive argument. I've been on juries before, I worked many years in a public service position that dealt primarily with crime and judicial issues, and i can tell you categorically that in almost every crime, there is always some grey area. It's just not cut and dried like the script of some TV show.
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