ext_97971 ([identity profile] enders-shadow.livejournal.com) wrote in [community profile] talkpolitics2009-12-10 01:24 pm
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I'm going to attempt to argue a theory here; many may jump on me for the real-world practice that goes on, but this is not about that.

In theory, I support the death penalty. This is an eye-for-an-eye sort of justice.
If you take anothers life, delibrately, in cold blood, in a pre-meditated fashion, you have lost your right to live, IMO.

Now, since this penalty is to be administered by the govt, there ought be some strict guidelines. Here is what I propose:

Either:
A) You are caught in the act by the authorities (but the person dies before he/she can be rushed to the hospital)
B) There is overwhelming evidence against you--personally I feel that four criteria would be met for this:

fingerprint
DNA
eye-witness
video of event (audio is a plus, but I feel these four are sufficient to ensure that the guilty party is the one being punished)

These strict requirements, are, to my knowledge, not required anyplace where the death penalty is enacted. Thus my theoretical support of the death penalty does not support the real-world way in which the death penalty is applied in the US (or elsewhere)

I recognize that in the US (and prolly elsewhere too) the death penalty is applied in a biased manner and that in too many cases the wrong person is executed. I feel that the criteria I laid out are sufficient to ensure no wrongful executions -- though, of course, I am open to hear contrary views on that.

Let us put aside issues of economic cost (which vary) and issues of how to execute (which vary) and focus on the question of: "Is execution for murder an acceptable punishment?"

I feel that it is; I feel that one forfits their right to live when they steal that right from another. I believe in human rights that are inherent but not absolute--the human rights that we all have are what we start with, but we do not necessarily retain them forever. We can lose them.

Thoughts?

[identity profile] allhatnocattle.livejournal.com 2009-12-11 01:13 am (UTC)(link)
OJ Simpson walked. There was enough circumstantial evidence to erase all doubt in my mind, and the minds of millions of viewers, yet it still wasn't enough to convict on a single charge.

To trust that same court system to rule with the power of death penalty seems to take amazing faith.

Consider that USA is the only first world nation to still serve capital punishment. Not even Russia still uses the death penalty.
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[identity profile] allhatnocattle.livejournal.com 2009-12-11 03:07 am (UTC)(link)
I don't trust that same court system to rule with the power of death penalty, even if reasonable doubt criteria is met. The incompetence not only has the ability to let the guilty go free, but allow the innocent be convicted.
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[identity profile] allhatnocattle.livejournal.com 2009-12-11 07:33 am (UTC)(link)
You say that now as an free man, innocent of charges. But should the authorities knock down your door and take you away for a crime you didn't commit, you would be singing a different tune.

You probably feel pretty safe that there is remote and little chance you could be facing the electric chair, but the fact is it has happened to people just as innocent and safe as you.
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[identity profile] allhatnocattle.livejournal.com 2009-12-11 08:06 am (UTC)(link)
Crossing the border into the USA as a Metis-Canadian has always been a nerve wracking feat for me. But since the heightened security of the post 9/11 USA it has intensified. The strange case of Maher Arar's rendition to Syria (http://www.maherarar.ca/)serves as a warning that USA no longer welcomes visitors or strangers simply passing through their airspace. The extraordinary fact that 1% of the American population is sitting in jail (http://www.nydailynews.com/news/national/2008/02/28/2008-02-28_1_in_100_americans_serving_jail_or_priso.html) gives the impression it is not a safe place for it's own citizens. Collateral damage? 130 people since 1973 have been released from death row after having their innocence established, there are bound to have been others who were also innocent but not so lucky. (http://www.guardian.co.uk/commentisfree/2009/dec/11/cruelty-of-death-row) I think we both want the miscarriages of justice to err on the side of caution. But we differ on what is acceptable error, killing innocents or freeing the guilty.

[identity profile] redheadrat.livejournal.com 2009-12-11 02:47 pm (UTC)(link)
Russia still has death penalty, but due to moratorium people are just sitting on indefinite death row.

Also consider the fact that vast majority of russian prison population is infected with tuberculosis that does not get treated while in prison - you are talking about death penalty for pretty much any crime.