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LeJackal
Apr 5, 2011

hakimashou posted:

I'm not content that the state will execute innocents, in the pursuit of justice.

However, I don't think it is morally wrong to give murderers the death penalty.

I don't see what the two have to do with one another.

......really?

The real-world, actual factual application of "its moral to give murderers the death penalty" leads directly to "the state will execute innocent people" precisely because our system is flawed and makes errors. That is the connection between those two points.

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wateroverfire
Jul 3, 2010

LeJackal posted:

......really?

The real-world, actual factual application of "its moral to give murderers the death penalty" leads directly to "the state will execute innocent people" precisely because our system is flawed and makes errors. That is the connection between those two points.

I mean...

The state also imprisons innocent people sometimes, because the system is flawed and makes errors. I don't think anyone thinks it's OK that innocent people get imprisoned, but neither would anyone think we shouldn't imprison anyone because of it.

LeJackal
Apr 5, 2011

wateroverfire posted:

I mean...

The state also imprisons innocent people sometimes, because the system is flawed and makes errors. I don't think anyone thinks it's OK that innocent people get imprisoned, but neither would anyone think we shouldn't imprison anyone because of it.

I don't think its okay to imprison innocent people either but once exonerated the falsely imprisoned can be released and compensated in some form. The consequences of a false execution are not so easily mitigated.

Eletriarnation
Apr 6, 2005

People don't appreciate the substance of things...
objects in space.


Oven Wrangler

wateroverfire posted:

I mean...

The state also imprisons innocent people sometimes, because the system is flawed and makes errors. I don't think anyone thinks it's OK that innocent people get imprisoned, but neither would anyone think we shouldn't imprison anyone because of it.

Many people think that if the system makes an error, there should be some attempt at restitution beyond a simple acknowledgment and apology. While even time spent imprisoned can't be restored, at least with a freed prisoner the state can clear their record and offer some kind of monetary compensation as a concrete acknowledgment that a moral debt exists. Nothing can be done for those who are executed, and their families are unlikely to view any monetary compensation as remotely comparable in value to the life of their loved one.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Ytlaya posted:

Eh, in some weird hypothetical world where killing criminals actually had a significant positive effect greater than the inevitable negative effect of killing the occasional innocent person, I think it would be okay (for the same reason as your government car analogy). Of course, that isn't the world we live in and there is virtually zero benefit to killing criminals over simply imprisoning them for life, so that calculus will never come out in favor of the death penalty (unless the person in question just doesn't care much about innocent people being executed). While someone could argue "well, if we reduce the rights of criminals to appeal the death penalty it would cost less, causing life imprisonment to be more expensive", such a change would also result in an increased number of killed innocents so there isn't really any way to toggle things so that it makes sense.
I don't see how this is an "eh". This is totally what I've been saying, the death penalty is bad because its costs outweigh its benefits, not because never risking an innocent life is any sort of sane policy guideline. We can and do routinely risk killing innocents whenever we think it worth the cost. Like this guy:

LeJackal posted:

......really?

The real-world, actual factual application of "its moral to give murderers the death penalty" leads directly to "the state will execute innocent people" precisely because our system is flawed and makes errors. That is the connection between those two points.
"it's moral to give government agents cars to drive" leads directly to "the state will kill innocent people", but no one accepts that as an argument against government agents driving cars.

Eletriarnation posted:

Nothing can be done for those who are executed, and their families are unlikely to view any monetary compensation as remotely comparable in value to the life of their loved one.
This is a weird sentence. Clearly compensating the families is a thing which can be done for those who are executed. Like why even bring it up if you think it isn't? Families might not view money as adequate, but that's equally true of innocent people who were imprisoned. Further, whether people think the compensation is adequate is wholly irrelevant if all we're trying to do is make a concrete acknowledgment of a moral debt. LeJackal's right that the consequences of a false execution are not as easily mitigated, but it's not impossible to try.

hakimashou posted:

I suppose?
There are no definitions in this post.

Plucky Brit
Nov 7, 2009

Swing low, sweet chariot

hakimashou posted:

I'm not content that the state will execute innocents, in the pursuit of justice.

However, I don't think it is morally wrong to give murderers the death penalty.

I don't see what the two have to do with one another.

I don't agree with you on the morality issue, but I can understand and respect your viewpoint. It's an interesting discussion to have, provided it's at a theoretical level. The issue of executing innocents is why I oppose the death penalty, and we seem to be in agreement on this.

I find it annoying when people on both sides try to use the morality arguments as the reason to be for or against the death penalty in practice, or pretend as though that's the only argument worth making. I base my opposition on a different argument, one which I think carries far more weight.

LeJackal
Apr 5, 2011

twodot posted:


"it's moral to give government agents cars to drive" leads directly to "the state will kill innocent people", but no one accepts that as an argument against government agents driving cars.


When you swap 'kill' with 'execute' the meaning of the statement changes fundamentally, so naw, your argument is invalid here.

You're trying to equate the accidental, negligent, or maybe even reckless motor vehicle accident with agents of the state strapping a person down and injecting them with chemicals with the intent to kill them. These are not the same thing.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

LeJackal posted:

When you swap 'kill' with 'execute' the meaning of the statement changes fundamentally, so naw, your argument is invalid here.

You're trying to equate the accidental, negligent, or maybe even reckless motor vehicle accident with agents of the state strapping a person down and injecting them with chemicals with the intent to kill them. These are not the same thing.
Why not? Government agencies know their drivers kill innocent people. They've got the stats, it's not mysterious. They give those orders with full knowledge that innocents will die because of it. Clearly they would prefer people not die, but those deaths are a completely foreseeable result of their actions. The same number of people wind up dead regardless of their intentions. They take steps ensure that as few innocents die as possible, much like our legal system does (or ought to), but they've accepted that the death of innocents is a necessary part of their jobs. Why can't executioners accept the death of innocents as part of their job? (The reason is that executioners produce close to zero value, but government agents being able to drive produces tremendous value)

LeJackal
Apr 5, 2011

twodot posted:

Why not?

There is no specific intent to kill when a government driver gets behind the wheel of a vehicle.
There is a VERY specific intent to kill when a government employee executes someone.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

LeJackal posted:

There is no specific intent to kill when a government driver gets behind the wheel of a vehicle.
There is a VERY specific intent to kill when a government employee executes someone.
Sorry, I meant: what practical reason should anyone have for ever caring about this distinction?

LeJackal
Apr 5, 2011

twodot posted:

Sorry, I meant: what practical reason should anyone have for ever caring about this distinction?

You're the one trying to conflate the two. Explain why they are the same?

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

LeJackal posted:

You're the one trying to conflate the two. Explain why they are the same?
Because there exists no practical reason to care about that distinction for the purposes of being opposed to any innocents being killed as a result of government actions? Like if you say "Fuji apples and honeycrisp apples are different, and we should treat them differently" and I say "While I agree those are distinguishable types of apples, I see no reason to distinguish them for this purpose", I don't know what more you want from me.

LeJackal
Apr 5, 2011

twodot posted:

Because there exists no practical reason to care about that distinction for the purposes of being opposed to any innocents being killed as a result of government actions? Like if you say "Fuji apples and honeycrisp apples are different, and we should treat them differently" and I say "While I agree those are distinguishable types of apples, I see no reason to distinguish them for this purpose", I don't know what more you want from me.

Uh, there is? If we stopped all government action that could potentially, by accident, end a life then the government could not carry out all its duties like infrastructure maintenance. We could easily stop the government from executing people and it wouldn't interfere with that. So there is a practical difference.

Plucky Brit
Nov 7, 2009

Swing low, sweet chariot
Keeping deaths caused by government actions to a minimum is always preferable.

In the case of vehicular deaths there is a whole host of actions which could be implemented. For example a moratorium on driving more than 10 hours in a day, or hiring cars with a proven safety record, or limiting the car speed. All of those have costs associated with them, which need to be weighed up in the final analysis.

In the case of reducing state executions of innocents there are two options: stop doing it, or implement a series of lengthy and costly appeals processes to try to make certain that anyone actually executed is guilty. Only one of those is foolproof, and happens to be the cheaper option as well.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

LeJackal posted:

Uh, there is? If we stopped all government action that could potentially, by accident, end a life then the government could not carry out all its duties like infrastructure maintenance. We could easily stop the government from executing people and it wouldn't interfere with that. So there is a practical difference.
So government activities that will foreseeably result in ending lives is acceptable so long as those activities accomplish some goal you approve of? If that's the case we're back to it not being the case that you are fundamentally opposed to the government occasionally killing innocents, just that you don't think the value of the death penalty justifies it.

Eletriarnation
Apr 6, 2005

People don't appreciate the substance of things...
objects in space.


Oven Wrangler

twodot posted:

This is a weird sentence. Clearly compensating the families is a thing which can be done for those who are executed. Like why even bring it up if you think it isn't? Families might not view money as adequate, but that's equally true of innocent people who were imprisoned. Further, whether people think the compensation is adequate is wholly irrelevant if all we're trying to do is make a concrete acknowledgment of a moral debt. LeJackal's right that the consequences of a false execution are not as easily mitigated, but it's not impossible to try.

I brought it up because if I said "we can't do anything, at all" it would be the obvious response and as a general rule I try to anticipate potential counters to my arguments, not just wander into them blindly.

You are correct that money might not be (probably would not be) considered adequate compensation for wrongful imprisonment as well, but as a society we generally accept both that some level of imprisonment is necessary for a criminal justice system and that false positives, while lamentable, will happen. It is less clear that execution is necessary to prevent ongoing harm to society from offenders when we have life imprisonment as an option. Additionally, unlike life imprisonment it is impossible to rescind a sentence of execution even in part if we discover that we have a false positive after administering it.

I do not think that "all we're trying to do is make a concrete acknowledgment of a moral debt," because I don't think a token effort is worthwhile - if (when) our system harms people, it should make reasonable efforts to try and compensate for that. Causing unnecessary levels of harm because "we can't really fix it either way, why does it matter" is counterproductive.

Eletriarnation fucked around with this message at 20:33 on Mar 15, 2017

Submarine Sandpaper
May 27, 2007


twodot posted:

So government activities that will foreseeably result in ending lives is acceptable so long as those activities accomplish some goal you approve of? If that's the case we're back to it not being the case that you are fundamentally opposed to the government occasionally killing innocents, just that you don't think the value of the death penalty justifies it.
"accidental" death penalty killings exclusively impact the innocent demographic; a deprivation of civil rights. Random gvt deaths don't.

LeJackal
Apr 5, 2011

twodot posted:

So government activities that will foreseeably result in ending lives is acceptable so long as those activities accomplish some goal you approve of?

I don't approve of the goal of the government being to kill its own citizens, weirdly.

Also, there is a difference between 'statistically infrastructure repair/upkeep will cause the accidental deaths of 3.2 citizens' and 'today Jesse Smith will be executed by a deliberate action of the state' and that difference is specific intent.

Also one has a goal that is demonstrably beneficial to society as a whole, too.

twodot posted:

If that's the case we're back to it not being the case that you are fundamentally opposed to the government occasionally killing innocents, just that you don't think the value of the death penalty justifies it.

I recognize that the universe is full of chaos and that any action, or inaction, may lead eventually to death. I don't believe the government should active try to murder its own citizens and, when possible, minimize the risk to them when going about its goals.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

LeJackal posted:

I recognize that the universe is full of chaos and that any action, or inaction, may lead eventually to death. I don't believe the government should active try to murder its own citizens and, when possible, minimize the risk to them when going about its goals.
If this is your actual position why are we bothering to talk about innocents? Apparently your complaint was never that innocent people might die, but rather the government shouldn't attempt to kill citizens, regardless of guilt.

Submarine Sandpaper posted:

"accidental" death penalty killings exclusively impact the innocent demographic; a deprivation of civil rights. Random gvt deaths don't.
I don't understand the point. We agree that imprisoning innocent people is also a deprivation of civil rights, correct?

Eletriarnation posted:

I brought it up because if I said "we can't do anything, at all" it would be the obvious response and as a general rule I try to anticipate potential counters to my arguments, not just wander into them blindly.
I missed the counterargument. You said "Nothing can be done for those who are executed", but I don't see any explanation for how "giving money to their family" isn't a thing that can be done for those who are executed.

quote:

I do not think that "all we're trying to do is make a concrete acknowledgment of a moral debt," because I don't think a token effort is worthwhile - if (when) our system harms people, it should make reasonable efforts to try and compensate for that. Causing unnecessary levels of harm because "we can't really fix it either way, why does it matter" is counterproductive.
This is begging the question, clearly we shouldn't cause unnecessary levels of harm, whether it's necessary or not is the thing you need to demonstrate.

Calibanibal
Aug 25, 2015

i think the death penalty is fine if restricted to really really bad people, like jeff dahmer, judas, hitler, hitler jr, mecha-hitler etc

Submarine Sandpaper
May 27, 2007


twodot posted:

I don't understand the point. We agree that imprisoning innocent people is also a deprivation of civil rights, correct?
Imprisoning to the extent of WWII Japanese internment camps, yes. The appeal system exists to minimize accidental imprisonments once convicted and there are imprisonments like pre trial holding or pink slips that are not necessarily a deprivation of civil rights.

Eletriarnation
Apr 6, 2005

People don't appreciate the substance of things...
objects in space.


Oven Wrangler

twodot posted:

I missed the counterargument. You said "Nothing can be done for those who are executed", but I don't see any explanation for how "giving money to their family" isn't a thing that can be done for those who are executed.

It is "a thing that can be done" sure, I am saying that it's wildly insufficient. You could give the family a cake saying "sorry for your loss" too, that's also "a thing that can be done" but it doesn't do much to diminish the horror of wrongful death.

LeJackal
Apr 5, 2011

twodot posted:

If this is your actual position why are we bothering to talk about innocents?

Murder is the killing of an innocent.

Now I know you're trolling.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

LeJackal posted:

Murder is the killing of an innocent.

Now I know you're trolling.
Sorry, I thought you were speaking informally. Formally, murder is the willful unlawful killing that isn't otherwise mitigated. State executions are by definition never unlawful.

LeJackal
Apr 5, 2011

twodot posted:

Sorry, I thought

That is a first.

Contrawise, just because agents of the state execute a person does not make it de facto lawful.

Phantom Star
Feb 16, 2005

twodot posted:

I missed the counterargument. You said "Nothing can be done for those who are executed", but I don't see any explanation for how "giving money to their family" isn't a thing that can be done for those who are executed.

That's doing something for the family of the wrongfully executed person, not for the wrongfully executed person. What about people who had a lovely, abusive family whom they wouldn't want collecting benefits from their unjust execution? Or people who simply have no family?

Calibanibal
Aug 25, 2015

what if somebody falsly confesses to a murder with the intent of being found wrongly convicted post-execution and getting their family awarded millions in damages, in a very elaborate scheme

reignonyourparade
Nov 15, 2012

Calibanibal posted:

what if somebody falsly confesses to a murder with the intent of being found wrongly convicted post-execution and getting their family awarded millions in damages, in a very elaborate scheme

Frankly at that point I think they earned it.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

WillyTheNewGuy posted:

That's doing something for the family of the wrongfully executed person, not for the wrongfully executed person. What about people who had a lovely, abusive family whom they wouldn't want collecting benefits from their unjust execution? Or people who simply have no family?
It's still doing something for them. Maybe it's not something they like, but I don't see how anyone can declare it's categorically impossible to do something for a dead person.

LeJackal posted:

That is a first.

Contrawise, just because agents of the state execute a person does not make it de facto lawful.
I thought for the purpose of this conversation we were talking about agents of the state that lawfully execute people. Do you think there's a productive conversation to be had about whether it's good for agents of the state to unlawfully kill people?

LeJackal
Apr 5, 2011

twodot posted:

I thought for the purpose of this conversation we were talking about agents of the state that lawfully execute people. Do you think there's a productive conversation to be had about whether it's good for agents of the state to unlawfully kill people?

Yes, I do, because they have done so in the past and continue to do so.

Eletriarnation
Apr 6, 2005

People don't appreciate the substance of things...
objects in space.


Oven Wrangler

twodot posted:

It's still doing something for them. Maybe it's not something they like, but I don't see how anyone can declare it's categorically impossible to do something for a dead person.

This seems tangential and pointless unless you're willing to argue that the ability to give blood money to the family of the executed makes it OK that occasionally someone gets wrongfully executed. I only brought it up to try to avoid the tangent in the first place, fat lot of good that did.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

LeJackal posted:

Yes, I do, because they have done so in the past and continue to do so.
Who is the poster in favor of agents of the state unlawfully killing people?

Eletriarnation posted:

This seems tangential and pointless unless you're willing to argue that the ability to give blood money to the family of the executed makes it OK that occasionally someone gets wrongfully executed. I only brought it up to try to avoid the tangent in the first place, fat lot of good that did.
It certainly doesn't make it OK that occasionally someone gets wrongfully executed, but I'd also argue that being able to transfer money directly to released prisoners doesn't make it OK that occasionally someone gets wrongfully imprisoned. Like no one has looked at the imprisonment system and said "It's really hard to tell which people are guilty and which people are innocent, let's just lean towards assuming people are guilty, and if we're wrong we'll just give them a bundle of cash, no harm, no foul".

Eletriarnation
Apr 6, 2005

People don't appreciate the substance of things...
objects in space.


Oven Wrangler

twodot posted:

It certainly doesn't make it OK that occasionally someone gets wrongfully executed, but I'd also argue that being able to transfer money directly to released prisoners doesn't make it OK that occasionally someone gets wrongfully imprisoned. Like no one has looked at the imprisonment system and said "It's really hard to tell which people are guilty and which people are innocent, let's just lean towards assuming people are guilty, and if we're wrong we'll just give them a bundle of cash, no harm, no foul".

You're right because, as I said earlier, we generally accept that some form of imprisonment is necessary for a criminal justice system to be effective at preventing criminals from causing further harm to society. I do not consider this to be the case for execution, as a similar level of prevention can be achieved with life imprisonment. What part of that do you disagree with or, if you agree, why do you think the necessary evil of wrongful imprisonment justifies the unnecessary evil of wrongful execution?

Like, you're basically saying "Sure, that thing (that we could prevent) is bad but there's this other thing over here (that we can't prevent) and it's bad too!"

Eletriarnation fucked around with this message at 23:55 on Mar 15, 2017

VitalSigns
Sep 3, 2011

twodot posted:

I missed the counterargument. You said "Nothing can be done for those who are executed", but I don't see any explanation for how "giving money to their family" isn't a thing that can be done for those who are executed.

I'm sorry, could you explain how "giving money to still-alive people who are not me" helps me, if I am wrongfully executed?

That helps my family, which is good, but it doesn't help me, I am still dead and money doesn't help that.

I certainly wouldn't consider it just compensation for being wrongfully imprisoned if you gave money to my parents and did nothing for me.

VitalSigns fucked around with this message at 04:35 on Mar 16, 2017

OwlFancier
Aug 22, 2013

Not a fan of weregild then, I guess.

hakimashou
Jul 15, 2002
Upset Trowel

Plucky Brit posted:

I don't agree with you on the morality issue, but I can understand and respect your viewpoint. It's an interesting discussion to have, provided it's at a theoretical level. The issue of executing innocents is why I oppose the death penalty, and we seem to be in agreement on this.

I find it annoying when people on both sides try to use the morality arguments as the reason to be for or against the death penalty in practice, or pretend as though that's the only argument worth making. I base my opposition on a different argument, one which I think carries far more weight.

Ya, because laws and courts are imperfect I think we probably shouldn't have the death penalty. I think that's a good argument against having it.

I don't think "the death penalty is always morally wrong." Is a good argument.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Eletriarnation posted:

You're right because, as I said earlier, we generally accept that some form of imprisonment is necessary for a criminal justice system to be effective at preventing criminals from causing further harm to society. I do not consider this to be the case for execution, as a similar level of prevention can be achieved with life imprisonment. What part of that do you disagree with or, if you agree, why do you think the necessary evil of wrongful imprisonment justifies the unnecessary evil of wrongful execution?
What does the issue of necessity have to do with whether compensation can exist or not? If we can arrive at your position without considering compensation, why bring it up?

Eletriarnation posted:

Like, you're basically saying "Sure, that thing (that we could prevent) is bad but there's this other thing over here (that we can't prevent) and it's bad too!"
No, you're saying compensation can't exist for the death penalty, and I'm saying it can. (edit: Or that if compensation for the death penalty can't exist, it's because there can never be compensation for any punishment)

VitalSigns posted:

I'm sorry, could you explain how "giving money to still-alive people who are not me" helps me, if I am wrongfully executed?

That helps my family, which is good, but it doesn't help me, I am still dead and money doesn't help that.

I certainly wouldn't consider it just compensation for being wrongfully imprisoned if you gave money to my parents and did nothing for me.
And I certainly wouldn't consider it just compensation for being wrongfully imprisoned if you released me and gave me money. So either compensation for wrongful punishment can't ever exist, or we have to accept that subjective standards for what just compensation constitutes are irrelevant.

Plucky Brit
Nov 7, 2009

Swing low, sweet chariot

hakimashou posted:

Ya, because laws and courts are imperfect I think we probably shouldn't have the death penalty. I think that's a good argument against having it.

I don't think "the death penalty is always morally wrong." Is a good argument.

I agree completely.

VitalSigns
Sep 3, 2011

twodot posted:

And I certainly wouldn't consider it just compensation for being wrongfully imprisoned if you released me and gave me money. So either compensation for wrongful punishment can't ever exist, or we have to accept that subjective standards for what just compensation constitutes are irrelevant.

Maybe subjectively you wouldn't consider it sufficient compensation for being imprisoned, but objectively you did receive compensation.

The same isn't true if you're killed, paying money to your family (if you have one) isn't compensating you, it's compensating someone else. So these situations aren't equivalent and we can't claim that "well we would pay you if you were imprisoned, therefore we'll just pay someone else if you're executed wrongfully" are equivalent remedies.

"Someone who is dead can't be compensated at all" is a serious problem that can't be handwaved away so easily.

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Phantom Star
Feb 16, 2005

twodot posted:

It's still doing something for them. Maybe it's not something they like, but I don't see how anyone can declare it's categorically impossible to do something for a dead person.

Again, that's for the family, not for the dead person - dead people can't utilize money. Did you know some people don't have a family (Im asking because you ignored that aspect last time)? If a person who doesn't have a family is wrongfully executed, they're just out of luck, too bad for them?

Phantom Star fucked around with this message at 04:11 on Mar 17, 2017

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