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Forked from "22-year-old...": My thoughts on the Death Penalty

USS Triumphant

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Admiral
Maybe this should be in TNZ, but I feel like maybe people here can discuss this in a civilized and respectful fashion without needing the steel cage. ;) And the conversation might be more useful without the trolling.
They need a system where we execute people.
Why do people mention this as a downside to the American justice system? In my opinion, it's worse to let someone languish in prison for life - a miserable existance that also costs the taxpayers more.

I'd keep the death penalty, but there are a lot of things I would change around. No sentences longer than 3 years for anything (any longer has been shown to encourage recidivism, and this would save A LOT of money that could more than pay for the rest of this), actual rehabilitation programs utilizing a sufficient number of well-paid professionals for people who are in prison including an end to crime in prisons being an accepted thing (no more prison rape as a joke), a swift inexpensive death penalty for anyone found guilty of three counts of violent crime or two counts of violent crimes against children under 12 (whether at once or throughout their lives), and a better system for providing aid to the dependents of people removed (to prison, or just period) by the court systems.

I used to abhor the death penalty. But then my dad asked me something that, the more I think about, the more right I have realized that he is (and that's rare enough, I'll tell you ;)): What would you expect to happen to you? If you raped someone's wife, or killed someone's loved one just to take their money, or molested someone's kid, what would you expect? .... Then why do you hold others to a different standard?

I know some people object to putting a price on life. I do, too - but the fact is that as things sit now, reality does it for us. Tax someone to take money for the prisons, and you spend money in prisons that could be used by the state for healthcare programs that can save the lives of good people who are playing by the rules, or to buy better body armor to save the lives of people willing to serve their country, or any number of other programs that can save lives of non-criminals. UNtaxed, that money may buy things we would judge as unnecessary - a new stereo when the old one was servicable, clothes for pets, etc - but it also may go to provide a better education for the taxpayer's children, or better personal care or food for themselves, or what have you. And is it really fair to ask them (or tell them) to give any of that up - money that they earned with their own labor - because someone couldn't play by the rules and now can't be trusted to live in society and has to be babysat by the state in perpetuity?

Maybe someday we'll have unlimited or at least much less limited resources (like the Federation does) and we'll be able to provide for people who don't kill, rape, etc, AND for those who do, and we'll spend all the resources needed to try to rehabilitate for their whole lives. But until then, I know who I would choose to get those resources.

I'd want someone given the death penalty given every courtesy that they reasonably can: last rites in their religion if desired, a last honor by the state (perhaps also delivered by their clergy, perhaps by a prison official) for the sacrifice of their life for the good of society, an opportunity to apologize to their victim(s) if mutually desired, an opportunity to tell their loved ones goodbye, and a really good last meal. But at the end of all that, they should be removed as a threat to themselves and others, and as a burden on society.

In closing this post, I'd like to mention without getting into too much detail, that I have had a loved one at serious risk of being given the death penalty in the past. It is more than theory for me, but this is still how I feel.
 
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-Actually, the death penalty costs more than life in prison.
-It does nothing to deter crime.
-Many people have been executed who later have been proved to be innocent.
-It is abhorrent, uncivilized, and useless.

No offense, but these bulleted points sound like political propaganda that you may not have thoroughly thought through for yourself. But I'll address each:

"the death penalty costs more than life in prison" - Yes. The way we do it now. But that's because we're doing it wrong. We have men and women paid to kill for the good of their country, already getting paid whether they kill or not. Bring back firing squads. If I'm the one being put to death, I'll trust the marksmanship and swiftness of a group of trained soldiers over a questionable chemical cocktail, any day. Also, a big part of the cost is the appeals process. The changes I would make do away with a huge chunk of that - you aren't going to get the death penalty unless you've been through the system once before for a violent crime, anyway.

"It does nothing to deter crime." - It does for the prisoner in question. See also, recidivism. And I personally question whether or not it would discourage others - but I'll admit that's anecdotal.

"Many people have been executed who later have been proved to be innocent." - "Many" is a strong word. The system mostly works. But if your point is that some have and that some is too many, then I'll agree. But no system is without flaws. We should work forever to improve the accuracy of our system, but the best we'll ever be able to do is an apology when we get one wrong. With my suggestions, that apology comes with a monetary reward for dependents of the wrongly executed, and a penalty to some sort for the judge and DA involved. (Probably a loss of an annual bonus - we don't want to discourage them from doing their jobs, either.)

"It is abhorrent, uncivilized, and useless" -

Abhorrent - Yes, but so is pretty much any solution to this problem. The situation sucks, and that was created by the criminal.

Uncivilized - No. Allowing individuals to run loose trying to take vengeance on one another with no governmental influence would be uncivilized. Government acting on behalf of victims to exact vengeance would be more civilized, but still undesirable. Government acting on behalf of the welfare of society to distribute resources efficiently and protect citizens is pretty darned civilized.

Useless - No. It has a use. Just not one that you like. And I wouldn't say I like it either. But I see it as necessary.
 
^I have researched it thoroughly, and provided one set of sources. I could provide more, but frankly, the politics and pragmatism pale in comparison to how amoral and appalling I find the practice. Nothing will change that opinion. Terrible crimes have been committed against me and my loved ones -- crimes that in many states would warrant the death penalty, and my opinion still hasn't changed. There is always a better option than murder.
 
Why do people mention this as a downside to the American justice system? In my opinion, it's worse to let someone languish in prison for life - a miserable existance that also costs the taxpayers more.

Wait, did you just open with, "It's really just a mercy killing" and "It's cheaper to just kill people"?

No offense, but these bulleted points sound like political propaganda that you may not have thoroughly thought through for yourself. But I'll address each:

And for your next post you decide to turn this into a political hit job?
 
They need a system where we execute people.
Why do people mention this as a downside to the American justice system?

Because it's not practiced in Europe and sort of frowned on in principle. If we want a hot button to press about whatever problems we have with the American judicial system, well, there it is.

As to how difficult it is to understand? Not very. The death penalty literally involves killing people. Killing people is always a sensitive topic.

What would you expect to happen to you? If you raped someone's wife, or killed someone's loved one just to take their money, or molested someone's kid, what would you expect? .... Then why do you hold others to a different standard?
Interesting use of term there. I'd expect what would happen to me is pretty much the same as any other criminal in more or less my situation (a stern prison sentence). I mean, wouldn't you expect to be treated as the laws of your state dictated regardless of how you felt about them? If I lived in a country where stealing oranges meant execution, then I'd expect to die if caught stealing oranges. So it goes.

If you mean what I think I'd deserve or whatever, well, I am a snivelling and unprincipled bastard. I'd rather get away with it (I can't see myself raping and murdering, though, I don't have the courage), and that's just not a sensible attitude to apply to a legal system, now is it?

I can't be the only one out there who'd like to get off scot-free. So perhaps suggesting we stand in their shoes isn't the best idea.
 
If you mean what I think I'd deserve or whatever
Yes, this is what I meant. And it's why I specifically used the word "expect" rather than "want". Obviously almost no one wants to be executed. But there are sure as heck things I would expect it to be the punishment for.
 
Then you should have used 'deserve' as that's a clearer meaning. If I get a terminal illness, I expect I'd die from it, but I may not believe I deserve to die from it.

Alternately, maybe I do believe I deserve to because I'm an awful person, but I still wouldn't want to. And so on.
 
Wait, did you just open with, "It's really just a mercy killing" and "It's cheaper to just kill people"?

And for your next post you decide to turn this into a political hit job?
I didn't mean to do a "political hit job" on anyone, but the bulleted comments felt like a form response. And your "translations" of what I said above seem unfair, as well. They oversimplify, when I went into much more nuance and detail.
 
Wait, did you just open with, "It's really just a mercy killing" and "It's cheaper to just kill people"?

And for your next post you decide to turn this into a political hit job?
I didn't mean to do a "political hit job" on anyone, but the bulleted comments felt like a form response. And your "translations" of what I said above seem unfair, as well. They oversimplify, when I went into much more nuance and detail.
I phrased my response as I did because you made a number of untrue assertions in your OP and I was correcting them in the simplest way.
 
I'm pro-death penalty (I'm a terrible Democrat, I know) but for only the most heinous of crimes and in that heinous crimes with strong, physical, evidence that eliminates any doubt of guilt. Naturaly, a jury would decide if the evidence, and crime, is strong enough to condemn a person to death.

And here's why I'm pro death penalty:

Setting aside that it may "cost more" than life-long imprisonment (because of the appeals) or that it doesn't deter the crime (punishment shouldn't be used as deterrent for crime, anyway) it just, in general, "feels right."

If there's a man who's on trial for raping and murdering 5 girls, there's all kinds of physical evidence against him, he's unapologetic about it, and his defense was based around not so much "he didn't do it" as it was "he has mental problems
or something like that, then what is gained by keeping him alive? What is lost by putting him to death?

In my heart and mind it's just about "why should a monster with no regard to human life be allowed to live?" How is humanity and society served by keeping him alive? If he's a monster who has killed several or done other horrible things keeping him alive isn't likely to make him re-think his life and "do good" while in prison, nor is the state's compassion to keep him alive going to enlighten and change the spirits of other murderous monsters.

If someone's a monster then we need to be rid of them. Simple as that. If they offer nothing to, and cannot offer anything to, society then there's no need to keep them around.

And, again, I think the death penalty should only be reserved for the worst of the worst. The monsters. Some guy who snapped one night and killed his wife and seems torn-up about it? No death penalty for him.

Some sociopath like, say, Manson? Off with his head.
 
No offense, but these bulleted points sound like political propaganda that you may not have thoroughly thought through for yourself.

Obviously you've never read or been at the receiving end of one of TSQ's impassioned arguments on a variety of subjects or else you'd know that's not the case with her.

I can't speak for her motives, but my brief response to this will be because I've argued this subject a hundred times on this board and elsewhere. So, instead I'll just be lazy and link to a previous post of mine:

No matter how many times that's pointed out, those who are pro the death penalty always seem to forget that little fact.

So, why is the appeals process more expensive for a deathrow inmate than a lifer? Is there some assumption here that lawyers are not appealing the sentences of lifers? Or is this an example of cooking the books to make the death penalty look more expensive by only including appeals costs on the death penalty side of the equation but not on the life penalty side.

I am truly ignorant on the facts of the matter, if someone could enlighten me as to how this assertion was come by?

Why is the death penalty so expensive?

Legal costs: Almost all people facing the death penalty cannot afford their own attorney. The state must assign them two public defenders, and pay for the costs of the prosecution as well.

Pre-trial costs: Capital cases are far more complicated than non-capital cases. Experts will probably be needed on forensic evidence, mental health and the social history of the defendant.

Jury selection: Because of the death penalty question, jury selection in capital cases is much more time consuming and expensive.

Trial: Death penalty trials can last over four times longer, requiring juror and attorney compensation, in addition to court personnel and other related costs.

Incarceration: Most death rows involve solitary confinement in a special facility. These require more security and other accommodations as the prisoners are kept for 23 hours a day in their cells.

Appeals: To minimize mistakes, every inmate is entitled to a series of appeals. The costs are borne at taxpayers' expense. These appeals are essential because some inmates have come within hours of execution before evidence was uncovered proving their innocence.

____________________________________

This site has an extensive list of non- or bi-partisan studies from the federal, state, and local level showing why simply trying capital cases, even if the defendant is not ultimately given the death penalty, are extremely wasteful to taxpayers at every stage of the process. For a program that has no sign of serving as a deterrent to murder, it eats up massive amounts of law enforcement (and other) revenue that would be better invested in preventative measures with proven track records. More police on the street, jobs programs, and better funded education would all be far more successful at deterring crime than the death penalty will ever be.

It's a colossal and ineffective (from a deterrent standpoint) waste of time, manpower, and money that ultimately serves no point beyond being a tool of personal and societal vengeance. It causes other nations to frequently deny extradition of criminals out of fear of them being executed for crimes committed in the US unless we pledge not to pursue the death penalty. Though I don't have the numbers, from a ballpark estimate it has probably caused more criminals to go free or face much lighter sentences than life in other countries because of this than have ever been executed in the history of the US.

That's just a cost-benefit analysis without even getting into the moral issues behind capital punishment, which are numerous. Personally, I more concerned with the moral ramifications and quaint things like:

- What if government executes an innocent person?

- We keep trying to expand the death penalty into newer areas, especially at the state level, which thankfully is often kept in check by the SCOTUS. Executing the mentally handicapped (declared unconstitutional by the US Supreme Court in 2002). Executing teens tried as adults (declared unconstitutional by the US Supreme Court in 2005, sparing 72 death row inmates under 18 around the country). Executing child rapists (declared unconstituional by the US Supreme Court in 2008). What's next? I don't really see much to cheer for in not exceeding the Chinese or the Saudis in our bloodlust. Yay for low expectations.

- Is a program where blacks and the poor are far more likely to receive the death penalty not just because of the usual excuses like black/poor people commit more crimes, but rather because our justice system gives you a better defense if you can afford it really something we should be backing:

The average cost of defending a trial in a federal death case is $620,932, about 8 times that of a federal murder case in which the death penalty is not sought. A study found that those defendants whose representation was the least expensive, and thus who received the least amount of attorney and expert time, had an increased probability of receiving a death sentence. Defendants with less than $320,000 in terms of representation costs (the bottom 1/3 of federal capital trials) had a 44% chance of receiving a death sentence at trial. On the other hand, those defendants whose representation costs were higher than $320,000 (the remaining 2/3 of federal capital trials) had only a 19% chance of being sentenced to death. Thus, the study concluded that defendants with low representation costs were more than twice as likely to receive a death sentence. The complete report can be found here.
I like to use the economic argument to try and appeal to that curious segment of society that rail against any new taxes for actual productive purposes yet fully support one of the most bloated and useless tax-sucking series of programs in history, because... why? I don't know, because it's sure not a deterrent. If you actually gave a shit about preserving life you should be opposed to this. If you actually gave a shit about reducing taxes and government spending you should be opposed to this. If you actually gave a shit about being tough on crime and supporting law enforcement you should be opposed to this. It doesn't make a damn bit of sense, except to appeal to our baser instincts.
 
No offense, but these bulleted points sound like political propaganda that you may not have thoroughly thought through for yourself.

Obviously you've never read or been at the receiving end of one of TSQ's impassioned arguments on a variety of subjects or else you'd know that's not the case with her.
Aw...now I feel all squishy inside. :)
I can't speak for her motives, but my brief response to this will be because I've argued this subject a hundred times on this board and elsewhere.
Honestly, like you, I'm just tired of the argument. The death penalty makes me sick and sad, and I just don't have the energy right now to put myself through the emotional intensity of my usual kind of debate (I'm investing all that intellectual and emotional energy in the debate of the public option right now!). Hence the brief list.
The death penalty is one of the worst things in law right now, and should be abolished.
It really is as simple as that. Above all, it's a question of morals.
 
It really is as simple as that. Above all, it's a question of morals.

Why should we show morality and principles to those who have neither?

What is gained by not killing someone who's done horrible and unspeakable crimes?

Take the Oklahoma City bombing guy. What would society gain by keeping him around? He was man who coldly killed 168 people without remorse or compassion? Why should we show him something he hadn't shown for others?

Some people, IMHO, society is better without.
 
I myself used to support and call for the death penalty up until about two years ago. I used to think that it was justice, that some acts were so bad as to commit them was tantamount to forfeiture of your own right to life...

I've come to see it now as codified vengeance, state sponsored murder, and a tragic remnant of a bygone era which needs to be removed from the legal "playbook" if we are to truly become, or further our advance toward, an advanced and evolved society.
 
It really is as simple as that. Above all, it's a question of morals.

Why should we show morality and principles to those who have neither?

Because to do otherwise is to become those you are "punishing."

Some people, IMHO, society is better without.

While true, what does it say of a society which dictates action based on those variables. Look at every society which has tried, and it always shows one which slowly dissolves into oppression, dictatorship, and mass genocide.
 
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