On 5/1/2012 4:05 PM, smharding wrote:
> Dan wrote:
>
>> The problems can arise from a jury or judge setting death as a
>> sentence with incomplete evidence, evidence that couldn't be properly
>> analyzed at time of trial (pre DNA or early DNA, for example) or "he
>> got away last time, let's get him this time."
>
> Imperfections in the system don't necessarily mean one should do away
> with it.
> Cops or Judges are sometimes corrupt, but we'd surely be worse off if we
> did away with them.
>
> You do the best you can with an imperfect human at the controls. Sometimes
> that means someone innocent goes to jail, or gets executed. You just need
> to do the best you can at maintaining the integrity of the system, not
> ditch
> it altogether.
>
> In cases where a DA or police department witholds exculpatory evidence,
> especially in a capital murder case, individuals involved should be
> severely
> punished.
I agree, with the few cases I have seen come to light the individual
is merely fired or allowed to retire. I would think the penalty for
anyone who withholds or provides false evidence would be extremely
severe. I would also think any law enforcement officer who commits a
crime, especially on duty, should face enhanced penalties.
>
>> I'm all in favour of reasonable appeals, denial of DNA tests if the
>> state just doesn't want to pay for it isn't reasonable. I am not a
>> legal scholar so I don't know what the answer is.
>
> It should always be worth the time and effort to get someone off death row,
> without descending to trivialities (where an inmate's lawyer brings up
> technicalities to postpone an execution for years). For a while, the
> average
> death row inmate would wait 17 years before the sentence was actually
> carried
> out. Not sure what it is currently. It's a while though.
I don't fault the defense attorney for bringing up "technicalities"
since that is his job and those same technicalities can keep an innocent
person out of prison.
>
> I think for an effective death sentence, it has to be carried out fairly
> promptly, otherwise, its meaning gets diluted.
The problem there is it doesn't always work there either. In 17th
century England there were a few hundred capital offenses. One was
picking pockets. Pickpockets did good business at public hangings.
>
>> I know people on death row have said the threat of the death penalty
>> didn't deter them. I doubt any punishment not 100% guaranteed if
>> caught would deter anyone since the the odds of getting caught aren't
>> anywhere near 100%.
>
> I don't see how it could, given the way in which death sentences are given
> out. You murder someone, you get 10 years, or maybe 25, or maybe life or
> maybe death. Murder 10 people and it's pretty much the same.
>
> A death sentence has to be very clearly defined for it to have any hope of
> being effective. I've read of people being sentenced to death for being a
> driver of the getaway car in a bank robbery that claimed a life. That isn't
> right.
It's perfectly proper. The driver was part of the crime just as much
as the trigger man. In some states the driver only faces the death
penalty if the shooter is deceased.
>
>> The silliest argument against the death penalty is "it won't bring the
>> victims back." A natural extension of that argument is no penalty
>> will. I suppose a counter argument would be "don't bother chasing and
>> placing the perpetrator on trial since it won't bring the victim back."
>
> The same can be said for persons wrongly convicted of some crime where they
> serve 20 years. They're certainly not dead, but you've taken away 20 years
> of their life that can not be returned to them. Doesn't mean you don't
> convict anyone of anything just in case the system makes an error.
>
> Capital punishments should be very clearly, and narrowly, defined. In most
> cases, you'd get life imprisonment, but for some set of narrowly defined
> crimes, death is guaranteed.
>
> I'd say kidnapping resulting in the murder of the victim, death of a law
> enforcement officer while on duty (not someone murdering a cop for messing
> around with his wife, etc), some cases of national security, especially
> where loss of life can be shown to have been the result of the action, and
> probably almost any serial killer unless it can be shown they were not sane
> (I suppose one can argue any serial killer is a nut, but I'm not entirely
> sure that is always the case).
The situations you cite already exist. Sanity is a legal term. There
are situations where the perpetrator was clearly mentally impaired at
the time of the crime. That is not the definition of sanity in most
states. If you think about it the state is out for blood if only to
avenge the wrong which is why insanity pleas are so difficult. Some
states have gotten rid of insanity please due to public outcry.
>
> The death penalty also provides some bargaining opportunities in leaning on
> people to get more cooperation. Don't cooperate and your crime qualifies
> you for a lethal injection. Think about it.
>
>
> SMH
>
In all fairness one must realize the death penalty costs the taxpayers a
lot more than keeping the person alive. It seems legal fees are the
primary reason.
If we must execute someone it should be done with solemnity and
dignity. It offends me to see people sing and dance when someone is
executed. The execution should be humane with a minimum of suffering to
the condemned.
On a lighter note I am amused by reporters who say something like "if
he doesn't get the death penalty he will spend the rest of his life in
prison." It seems to me an executed man has spent the rest of his life
in prison.
Dan, U.S. Air Force, retired