2019-01-12 19:53:02

@Dark, post 22,
Exceptionally well worded and thought out post; it's nice to see at least one person agrees with me that there are things science cannot teach us which ethics and philosophy can and does.
@defender, post 21,
There are those who, for their own writing and talking point practices would probably find a lot wrong with your post.  For my part, I believe your intention is good, even if it is rather subjective.  I certainly can't call it misguided; there are times when I personally feel the same way, and those are the times I'm thankful I'm not handing down such a decision.

When life gives you oranges, demand lemons since everyone else is obviously getting them.

2019-01-12 21:06:45

I'm afraid these emotive posts about the subject of rape just seem to prove exactly the point I was making, namely that until there is at least a little rationale behind decision making and the justice system we should probably leave the subject of the death penalty well alone.

Even if, just to take one example, we decide all rapists are due the death penalty, there would seem to be a difference between a fifteen year old who sleeps with their fourteen year old partner, and the exact sort of child murdering rapist mentioned above.


Oh, and to forstall the storm of criticism, I am the last person to say that rape is okay, or to underestimate its consequences on victims, I'm just pointing out  no issue should be treated as black and white here.

With our dreaming and singing, Ceaseless and sorrowless we! The glory about us clinging Of the glorious futures we see,
Our souls with high music ringing; O men! It must ever be
That we dwell in our dreaming and singing, A little apart from ye. (Arthur O'Shaughnessy 1873.)

2019-01-12 22:23:15

To further validate Darks' position and point out how little grasp we have where erring on the side of humanity versus self interest is concerned, let me quickly point you to this article.  Perhaps after reading it you could say that there isn't enough evidence either way, but that's just the point; there isn't enough evidence either way.  Once you stick your foot in your mouth, there's no going back.

When life gives you oranges, demand lemons since everyone else is obviously getting them.

2019-01-12 23:09:13

The thing is, as long as humans are the ones who are served with the task of delivering justice, there is always room for error, there's always room for biases and personal beliefs getting in the way. Not even the most stoic person can feel no emotion when presented with the sort of gruesome cases described above. That's why we have juries, to hopefully come to an impartial conclusion, but even so, any decision that is made is going to be somewhat slanted by the emotions of those involved.

Am I in favor of the death penalty? Yes and no. When I was younger, I was all for it, but as I've thought about it more, I see the problems with it. Namely, the executioner, which I'm sure has some sort of long-winded, unnecessary, politically correct name nowadays, is also human, and also probably has a lot of feelings as he's administering the injection. It could well be, "die, bastard!" that he's thinking, but what about after the adrenaline wears off and he has to look at himself in the mirror the next day? If you kill another human being, there are going to be effects from that, unless you're an actual psychopath.

This brings me to why I do still somewhat agree with the death penalty remaining in existance. A true psychopath is never going to be able to reintegrate into society. One would hope that such a person would be locked up for life after committing crimes like serial murder or pedophilia, but one thing psychopaths are also good at is being charming. They may excel at good behavior just so they can get parole, and end up reoffending. Or they could escape from prison. Or, they could just carry out their sadistic urges against other inmates. There's a reason prison rape is such a common trope, after all. If someone feels no remorse, and is just a drain on tax dollars, then it seems pointless to keep them alive.

Speaking of tax dollars, prisons are a far cry from the way they used to be when inmates had to do hard labor and subsist on bread and water. I'm not saying they're pleasant places to be, but they have TV's, exercise equipment, libraries, visits with loved ones, access to free therapy/medication, etc. Is that right? Should the worst of the worst be able to take advantage of such pleasantries? I think not. Taking advantage of people is often what a psychopath does best, do we really want to put them in their element?

There's also the fact that, although this usually applies to those who commit petty crimes, some people actually do things to end up in prison on purpose so that they don't have to live on the street, or some other unbearable situation. Prison is actually better and safer in such circumstances, and there's definitely something wrong with that picture. As I said, murder is usually either a crime of passion or an expression of power and control, and rape is always about power and control, so this doesn't necessarily apply. Sling Blade is about the best example I can come up with as a depiction of an actual murderer who couldn't cope with life on the outside, so he killed someone else to get back to the only life he'd basically ever known, but, epic movie though it is, it is fictional. Plus, that guy was in a mental hospital, not a prison, so I wonder how the dynamic would have been changed if he had been in prison instead.

With all that said, I can't come to a definitive answer. I definitely think that taking out the garbage, so to speak, is a base human response to unspeakable horror, and no one should be shamed for it. I also think our prison system right now is broken, although that's certainly not a revelation, people have been saying that for years. But what does it accomplish, honestly? yeah, it probably gives the families of the victims closure, and it's liberating to clean up some of the scum of the earth, but at the same time, it hasn't been that much of a deterrent. It's too large and complex an issue for me to really make any solid conclusions about.

The glass is neither half empty nor half full. It's just holding half the amount it can potentially hold.

2019-01-12 23:36:27

Just to clarify slightly, my argument is not "Well nobody could! make that sort of decision", or "everyone is biased", since manifestly if we have some sort of legal system of justice that requires any punishment at all, someone! must make decisions about it and fallible as humans are, humans  what we're stuck with in judicial terms and we already trust judges to make decisions about some pretty major sentencing issues anyway.

My point is simply that if! we had the death penalty, we'd need a bloody good legal and ethical framework that those who are required to make the decisions about who should receive it can refer to to support their decisions, and at the moment we don't have that sort of framework.

For example, if it is decided that the chief purpose of the prison service is rehabilitation, then those making decisions about the death penalty need to know what constitutes rehabilitation and what sort of techniques might work.

If the purpose is to remove dangerous criminals from society, then those making the decision need a good way of assessing a given person's possible danger.

If the purpose is as a deterrent (though I'm afraid historically and logically I've always found this a rather weak argument), then the judge needs to decide whether or not the execution will actually deter others from committing a similar crime.

This is what I mean.

At the moment as Turtlepower said, we are not exactly sure what the purpose of prison is. is it supposed to be a horrible experience that frightens anyone away from re offending? Is it supposed to straighten people out through some sort of therapy? Is it supposed to place a potential criminal in a monitored environment where they cannot commit further crimes? Is it supposed to make prisoners perform some good deed for society like community service as some form of compensation?

At the moment, in the Uk at least, it doesn't succeed at any of these things. Prisoners do nasty things to other prisoners, rehabilitation is half-hhearted and being around a bunch of other criminals is hardly a way to get people away from crime.

So, until we can sort out exactly why! we're sending people to prison, what sort of  experience prison should be and the sufficient reasons behind making prison that way, we probably ought to leave the death penalty and  ultimate legal power to end someone's life alone.

With our dreaming and singing, Ceaseless and sorrowless we! The glory about us clinging Of the glorious futures we see,
Our souls with high music ringing; O men! It must ever be
That we dwell in our dreaming and singing, A little apart from ye. (Arthur O'Shaughnessy 1873.)

2019-01-12 23:53:36

Thumbs up @dark and @Turtlepower, post 29 and 30.
That was sort of what I was getting at with post 6, though you two put it way better than I did.  Until we can get behind an objective, ontic reference point by which we can more or less universally come to grips with what life imprisonment or the death penalty are actually supposed to do, we're seriously going to be at a loss for what to do, and since, as post 29 wisely points out, the decision can be easily influenced by culture, emotions, past experiences and other variables, those who argue that there is a definitive one suits all decision that can and should and must be made I do believe err mostly on the side of self interest.  Surely there are psychopaths among the excecutioners, just as there are serial killers in the FBI.  That is true of every group and subset of groups.  Whatever our community actually looks like from the outside depending on who you ask, you'll find people on both spectrums who believe audiogaming is a viable market in which all devs should be paid for the content they produce, while there are those who believe an audiogame really isn't worth selling in comparison to a mainstream one.  There are people who don't believe in paying for accessibility and treat it as a right rather than a privilege, and there are people who are just absolutely happy options exist, whatever the cost.  This situation is far more intricate and complex than anything else I've outlined as it has even more variables to consider than perhaps even we have brought to the discussion table, which is why at present I do not envy those who are taxed with making such decisions.

When life gives you oranges, demand lemons since everyone else is obviously getting them.