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wateroverfire
Jul 3, 2010

falcon2424 posted:

Not really.

If we're going 'gently caress the Court' -- and we should in some cases -- then I'm not 'against the death penalty'. I'm against the court having the ability to impose any penalty whatsoever. Everyone sentenced under such a court should get an immediate retrial, if not outright clemency.

It's kind of hosed up to look at totally illegitimate court (eg http://nypost.com/2014/02/23/film-details-teens-struggles-in-state-detention-in-payoff-scandal/ ) and pretend that the problem is the specifics of the punishment.

It's not.

We should oppose illegitimate courts if they're imposing the death penalty. We should oppose them if they're imposing life sentences. We should oppose them if they're "merely" imposing multi-year sentences.

I think we all oppose illegitimate courts and corrupt practices. The case you linked is horrifying.

A court can come to the wrong outcome, though, even if all the participants are acting in good faith. Shouldn't society at least allow for that possibility? You probably can never fully compensate someone for years spent in confinement but you can't compensate them at all if you've executed them.

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wateroverfire
Jul 3, 2010

VitalSigns posted:

Because there's no conceivable benefit that would justify doing something like that even to a bad person. E: killing a murderer has at least one benefit, you can be 100% sure he'll never reoffend. Raping a rapist doesn't even guarantee that.

What benefit do you think there would be, aside from your personal psychological benefit from doubling down on an absurd consequence of your ethical theory rather than reconsidering your assumptions.

Obvious conclusion: rape then execute rapists for 0% recidivism. But if the rapists' victims are still alive they must be executed to balance the moral scales.

wateroverfire
Jul 3, 2010

VitalSigns posted:

Okay but the death penalty doesn't have any greater deterrent effect on capital crimes than life in prison does, we know that empirically.

It does cut recidivism by 100% percent, though!

edit:

Life without parole is just a really, really drawn out execution if you think about it.

wateroverfire fucked around with this message at 13:00 on Mar 6, 2017

wateroverfire
Jul 3, 2010

VitalSigns posted:

Murderers are angels of mercy QED

Abolish life. It's the only moral choice, when you think about it.

wateroverfire
Jul 3, 2010

bitterandtwisted posted:

Specifically, you're acting as though your moral opinions are objectively correct. That's a lot more horrifying to anyone who doesn't hold them.

For example, I'm guessing you disapprove of executing people for being gay or apostasy or whatever, even though those in favour of it are completely convinced their moral views are the objectively correct one?

Why not leave out the moral aspect from the justice system?

"Justice" as a concept doesn't make any sense without a moral code that describes what is just. Choosing to execute murderers vs jailing them vs fining them vs counseling them vs I don't know...forcing them to pay weregild... all involve moral judgements about the value of life, the moral status of murder, accountability, etc. You can't really have a justice system that escapes from morality.

wateroverfire
Jul 3, 2010

stone cold posted:

I notice you have no data on the other one hundred plus countries for public opinion on the death penalty, but I'm glad you assume that the UK speaks for most of the world, that's fantastic and not a stellar example of intellectual disingenuousness and cowardice.

Make America Canada again??

Also, dumbass this is why you build in protections to prevent domination of the minority through the tyranny of the majority. You're pretending like all legislation in this country is passed through referendum by the people, you total loving dumbass, so I recommend you pick up a civics textbook.

Speaking of tyranny by the majority, are you gonna pretend there's no such thing as the bill of rights in the US now? Are you gonna pretend the eighth amendment doesn't exist because you don't think it's "popular?" Are you gonna ignore the extremely ginormous race bias in the justice system and in the penal system (literally built to keep slavery alive in the US) and keep on executing?

Idiot.

The courts haven't held the 8th ammendment to prohibit capital punishment.


Don't sign your posts.

edit:

And I mean...you would think that if the argument held water there would have been a successful equal protection clause challenge to the death penalty at some point.

wateroverfire fucked around with this message at 19:10 on Mar 6, 2017

wateroverfire
Jul 3, 2010

stone cold posted:

lol guess we're pretending that even though furman v georgia was overturned it didn't happen it's not like gregg v georgia put strict limits or anything you moron

Color me shocked that an idiot doesn't understand the nuance in which the 8th amendment is applied in determining when precisely juries can use it and how it's carried out and gee I wonder if this rich history will eventually lead to its abolishment 🤔It certainly isn't like capital punishment was eliminated for ten years or anything in the US, nope that didn't happen 🤔


Keep on trucking whiningoverfire.

Right...executions in the US are being carried out following guidelines consistent with the 8th. You moron.

wateroverfire
Jul 3, 2010

stone cold posted:

.....did I stutter, or did you just repeat what I said?

but also you're the moron because you asserted that the eighth amendment was never used to overturn capital punishment so lol at you, moron

https://en.wikipedia.org/wiki/Capital_punishment_in_the_United_States

quote:

In a 5–4 decision, the Supreme Court struck down the impositions of the death penalty in each of the consolidated cases as unconstitutional in violation of the Eighth and Fourteenth Amendments of the United States Constitution. The Supreme Court has never ruled the death penalty to be per se unconstitutional. The five justices in the majority did not produce a common opinion or rationale for their decision, however, and agreed only on a short statement announcing the result.

Hmm.

edit:

I guess to be clear... the death penalty is being applied consistent with the 8th ammendment. Therefore, what the gently caress is your point in bringing up the 8th ammendment?

wateroverfire
Jul 3, 2010

stone cold posted:

Thanks for the Wikipedia link my dog, now do yourself a favor and look up Furman v. Georgia, which I've brought up three times now.

What's it like being totally intellectually incurious?

I've looked up Furman v. George but again, what is your point other than being outraged and tedious?

wateroverfire
Jul 3, 2010

hakimashou posted:

There's one line of thought that says life imprisonment is disproportionately cruel for murder. The murderer didnt imprison the victim for decades, he just killed him, so it would be unjust to imprison him for such a long period instead of imposing the death penalty.

Eh...

I kind of think that if you ask most people if they'd rather live, they'd rather live. At least if you're serving life there's the possibility your sentence can be commuted, or that the law might change, or etc.

wateroverfire
Jul 3, 2010

hakimashou posted:

It's still basically slavery, particularly if it is for life.

Kant thought that if there were two condemned men and one accepted his death while the other plead for life imprisonment, the former was an honorable man and the latter wretched, since he was willing to accept a life of enslavement.

Kant was probably never faced with the choice between life in prison and execution, though.

Pure reason can lead you to some strange destinations.

wateroverfire
Jul 3, 2010

hakimashou posted:

I'm not sure she said it was "good," just better than permanent dehumanizing slavery in prison.

Lots of things can happen during a life sentence.

Your sentence could be commuted.

You could get pardoned.

The law could change.

You could find meaning participating in the prison community and come to value your time whether you're released or not.

You could find the love of your prison life.

Prison conditions could improve.

If you're dead, though, that's it.

wateroverfire
Jul 3, 2010

Orange Devil posted:

What I'm saying is anyone who has ever served on a US jury and known even the slightest bit about what US prison is actually like but returned a guilty verdict anyway is immoral. I don't care what the crime was or how guilty the defendant was.

Well that's sure an opinion, I guess.

In Chilean prison you have to hope your family buys toilet paper for you. No, I'm not making that up.

wateroverfire
Jul 3, 2010

reignonyourparade posted:

No, because no one ever deserves anything.

But then no one deserves not to be executed, either.

wateroverfire
Jul 3, 2010

hakimashou posted:

I'd say he does deserve to be punished because he did something wrong. I don't think it would be wrong to give him the death penalty for it.

It's not morally repugnant to execute a murderer. As above, the death penalty for murderers has virtues like exact proportionality to the crime. It also fulfills the golden rule or the categorical imperative.

In utilitarian terms, it is as good as a deterrent as other sever penalties, and it absolutely prevents recidivism.

wateroverfire
Jul 3, 2010

LeJackal posted:

The obvious answer is that the death penalty needs to be eliminated immediately as step one of a complete overhaul of our prison systems and enhancement of our justice system.

But that doesn't seem obvious at all. It's the very thing we're all arguing about.

wateroverfire
Jul 3, 2010

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.

FWIW I agree with you.

I don't favor the death penalty, but not because it's morally wrong to execute people.

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.

wateroverfire
Jul 3, 2010

twodot posted:

I don't think it's semantic, since I think core mechanic of compensation here is the acknowledgement of an institutional failure, not that we want particular wronged people to specifically have $50k or whatever, since it's fundamentally impossible to truly pay back lost time, broken careers, neglected relationships, whatever abuse they might have endured, and such. But you apparently think its semantic, so what does giving a freed prisoner $50k practically accomplish that giving the heirs of an executed prisoner $50k doesn't?

I mean...

In the first case the prisoner gets to enjoy $50k and whatever satisfaction comes from ultimately being vindicated.

In the second case the prisoner isn't able to enjoy anything, ever, at all.

From the POV of the prisoner in the second case there's no difference between giving their heirs $50k, fining their heirs $50k for execution supplies, or executing their heirs to get an RL achievement. The prisoner ceased to have a POV when they died.

wateroverfire
Jul 3, 2010

DC Murderverse posted:

well the most humane is full communism now but baby steps means that maybe the person we kill have one brief moment of solace before their death

TBH I don't think full communism has ever lead to fewer people being executed.

wateroverfire
Jul 3, 2010

VitalSigns posted:

Right? Why are we paying for it at all?

Think of how much money we could make if we auctioned off the opportunity to perform an execution.

If you leave someone in a cell without food or water long enough they execute themselves and you don't have to pay anyone to do it.

#Lifehack

wateroverfire
Jul 3, 2010

stone cold posted:

Dear, if you can't comprehend, don't take their licenses and if they can't pay they can't pay, reading threads might be a touch too difficult for you. Like, honey, I don't know how I can make this clearer to you.

So I think the companion question to "don't punish people for not paying fines they allegedly can't afford" is "how do you enforce order among people you can't fine" and it's a legitimate question that the advocacy groups you're quoting don't have to address but that society does.

If you're too poor to pay a speeding ticket, what prevents you from speeding whenever you want to?

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wateroverfire
Jul 3, 2010

PT6A posted:

There's a proposal in my province to "enforce" the payment of tickets by not allowing someone with an outstanding ticket to register a vehicle. Although this still could result in someone who can't pay, yet needs a car, driving without registration or unable to drive, it does have the notable advantage that it doesn't actually suspend the person's license, so if they need to drive a vehicle for work they can still do that.

They do a similar thing here in Chile. They won't go after you for minor fines but you have to pay them before you can register or sell the vehicle (tickets follow the vehicle rather than the person). They suspend your license for a period for almost any traffic infraction, though, in addition to fining you.


Jethro posted:

Not fining people who can't pay fines is not the same as letting people off scot-free. If someone can't pay, they still get a ticket, and have to take time out of their lives to demonstrate they are unable to pay. And I think most places, at least in the US, have mechanisms to suspend licenses for continued violations within a given time period. This policy isn't about never suspending anyone's license if they're poor, it's about not suspending someone's license just because they can't pay a fine and the violation would not otherwise call for a license suspension.

Man this might sound horrible but that seems like an expensive proposition for the taxpayers for little gain. How much should the state spend to separate those who can't pay from those who merely don't want to?

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