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'The Death Penalty, Nearing Its End'

Discussion in 'Sports and News' started by Dick Whitman, Oct 24, 2016.

  1. Starman

    Starman Well-Known Member

    Our government, and that of several other nations, has the capability and the apparent intent to kill a large percentage -- perhaps the majority -- of the human race for no particular reason other than political affiliation.

    I see no reason the government shouldn't terminate specific individuals who have proven through their actions to be an active danger to society at large.
     
  2. Dick Whitman

    Dick Whitman Well-Known Member

    I think that the strongest response to this is that human error being what it is, it's impossible to completely prevent mistakes from happening, i.e. executing innocent people, even if everyone tries to do everything honestly. It's 12 average joes, voting on this.
     
  3. cjericho

    cjericho Well-Known Member

    and it's a couple hundred joes voting to attack another country. both cases innocent people are dying. think that was starman's point.
     
  4. doctorquant

    doctorquant Well-Known Member

    You have to admit, though, that there are some instances in which there is absolutely no doubt. I'll give you an example: Many years ago, in my former city of residence there was a fairly notorious capital murder trial. Guy gets convicted on, say, a Tuesday. They begin the sentencing phase on Thursday. That night, our capital murder defendant somehow gets his hands on some twerpy little habitual misdemeanant (booked on a DWI charge) and beats him to death before the guards can intervene. It's all caught on video. There is no doubt.

    The point is, no matter where you come down on the morality of capital punishment, you can't argue that there's always a chance of an execution-of-an-innocent.
     
  5. The Big Ragu

    The Big Ragu Moderator Staff Member

    This. Plus, it is 12 average joes (and janes) deciding the fate of someone based on what may be a completely false presentation of events. For example, add in the possibility of a cop who planted evidence or railroaded someone. Or a prosecutor who disregards a more plausible explanation that possibly points to someone else, because they got a jones for getting the conviction with the least path of resistance (so they can add it to their resume). You can argue that the defendant had the chance to defend him or herself and offer up that more plausible explanation or defense -- and that is the strong suit of our system of justice. But let's look at reality. How many of those defendants were being represented by a public defender, who if they were actually competent (and it is an if) were so overwhelmed by their workload that they didn't have the time or investigative resources to do the necessary work to counter the resources against them.

    That isn't all theoretical. I can show you instances of ALL of those things (and more) having happened to convict innocent people.
     
    Last edited: Oct 24, 2016
  6. Dick Whitman

    Dick Whitman Well-Known Member

    Ragu, this is essentially my case right now.

    The defense attorney at trial did not challenge the state's extremely flawed theory of the case with the most plausible alternate theory available. And that's essentially our core argument right now. There is DNA evidence, therefore, sitting in an evidence locker somewhere, that the defense attorney at trial never thought worthwhile to examine. We're desperately fighting to discover it.
     
  7. franticscribe

    franticscribe Well-Known Member

    I've seen several specific instances where I had no qualms with a particular defendant being sentenced to death.

    Yet I've long thought the cost of executing someone far outweighed its value as punishment. You have to house the condemned in separate quarters. They appropriately have rights to additional appeals and counsel to effectuate those appeals. The lengthy process and periodic revisiting of the case takes a terrible toll on relatives of the victim. A life sentence without parole is far more efficient.

    Then in recent years as we've seen more and more wrongful convictions, which reveal inconvenient truths about the flaws in our justice system, and the stark numbers about how the death penalty is disproportionately given to people of color and the poor, I've become even less convinced that it is a worthwhile pursuit to end a man's life for the sake of justice.
     
  8. Dick Whitman

    Dick Whitman Well-Known Member

    No, but how are we supposed to have a system where we, in some principled way, sort out the kind-of, sort-of, probably guilty people from the he-definitely-did-it people? There are cases I've worked on where every SOB involved in the prosecution would have sworn on his or her mother's grave that these guys were guilty as sin because of X, Y, and Z. And, as it turns out, they didn't do it.

    There are posters here who have argued passionately that Cameron Todd Willingham obviously killed his children because he didn't seem sad enough when talking to the fire department afterward, or some such nonsense.
     
    Last edited: Oct 24, 2016
  9. doctorquant

    doctorquant Well-Known Member

    No idea. Which is why I too am inclined to think that the DP should no longer be used.
     
  10. Ace

    Ace Well-Known Member

    It does not deter crime.

    If you are a Christian, you cannot make a case for capital punishnment.

    We look like a bunch of bloodthirsty ghouls to much of the civilized world for killing prisoners.

    The only purpose of it is for vengeance.

    Get rid of it already.
     
    UPChip likes this.
  11. Dick Whitman

    Dick Whitman Well-Known Member

    What I meant was that if the death penalty is in place, there is always the chance that innocents, at large, will be executed. Certainly there are some cases where it's pretty incontrovertible.

    Then, of course, even in those cases we're asking the random sampling of average joes to weigh aggravating and mitigating factors, which is likely asking what is bigger, the color red or the letter "P"? It gets to be a farce, really.
     
  12. doctorquant

    doctorquant Well-Known Member

    Oh, I understand, and I agree with you.

    I do wonder, however, what a post-DP world looks like. Is there as much emphasis placed on freeing the wrongly convicted?
     
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