Post 3 - the criminalQUOTE(et's daddy @ Apr 20 2006, 12:30 PM) [snapback]1155607[/snapback]
do victims and their survivors deserve the ultimate retribution, according to the majority of the populace in America, yes they do.
that's a very American statement, et's daddy. But it ignores the rest of the world. Australia has no current death penalty. The UK has no current death penalty. According to the populace of these countries, the criminals do not deserve death.
QUOTE(et's daddy @ Apr 20 2006, 12:30 PM) [snapback]1155607[/snapback]
the criminals committing these crimes have given up their rights to life.
The individual's involved have indeed commited atrocities, quite often resulting in death or a fate worse than. But nowhere did they "give up their rights". You are making a judgement call on the life of a human being. As Gandalf says to Frodo in the first installment of Lord of the Rings:
"Many who live deserve death but some who die deserve life. Can you give that to them?" This is of course assuming the individual isn't one of the plethora of cases where they were wrongly imprisoned.
QUOTE(et's daddy @ Apr 20 2006, 12:30 PM) [snapback]1155607[/snapback]
the death penalty is on the books in America for a reason, because We The People want it there. it's the culture we live in. we have deemed as a society that some crimes deserve the ultimate penalty
Again, a very American-centric comment. The world is bigger than the United States of America. To run with your reasoning though, the homosexual living in the Sudan who has a same-sex relationship deserves death, because the Sudanese people want that law. It is ok to execute the Iranian woman who has extra-marital sex because the Iranian population deemed it appropriate (the Iranian population also deems it ok for men to engage in such acts without worry).
As I mentioned in my last post, this post here shall be dealing with which crimes might be considered under the death penalty.
Historically speaking, the reasons for capital punishment have been many and varied. Murder, treason, piracy (not such a big deal nowadays), rape, torture, being gay, being a Jew, being a woman, being black. Most today will agree that the last few on the list are unacceptable. Yet as I said earlier, being gay can be punishable by death in many countries. Being a woman increases the likelihood of a death sentence in some countries. But I'm repeating myself now. Moving on then....
Using our current, Western values and morals, what crimes should be considered a capital offense?
Single murder?
Multiple murders?
Rape?
Multiple rape?
Gang rape?
Paedophillia?
Treason?
Once we start categorizing crimes as worthy of death, we run into problems. Take murder, for example. Is one murder sufficient for a death penalty? What if it's an accidental murder, or a crime of passion, or momentary insanity? (who decides if the criminal was in fact "insane"?) These are taken into account, and often a sentence is given in part due to the persuasiveness of the lawyer's speech.
Another difficult decision is when dealing with rape cases. When is rape deemed a capital offense? Is it judged by the brutality, the frequency, the sheer number, the age of the victim? It would seem a death sentence is justified in some cases. But who decides which cases? Unless we make the sentence for any rape to be death then, which is a fair alternative, except that for many reasons, throughout the years, people have cried rape falsely. I'm not saying here that every person who cries rape is a liar, or even a significant portion. I understand it's only a small minority of cases that aren't genuine. But the fact is that it happens. And in those cases it often because one person's word against another.
I hope you see my point. We could make exceptions and only administer capital punishment in cases that are beyond any possible doubt, with witnesses, confessions, evidence, no remorse. However, once exceptions are made, it doesn't become an objective law, but a law based on the subjectivity of a jury, the subjectivity of a lawyer's arguments, the subjectivity of the judge. Where is fairness and impartiality, if two people charged with the same crime are sentenced differently, one to prison for a length of time, possibly to be released, and one to be sentenced to immediate execution.
There is no impartiality in such a decision. No one on this earth is capable of making a fair and objective decison, when the crimes are always so subjective, the cases so different. Therefore, to conclude this post, the only fair and equitable stance to take is to leave the death penalty out of society altogether. It is an entirely unfair punishment.