Another look at the DEATH PENALTY

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OK, so in other words you can’t make the argument that deterrance works because you’d have to get testimonials of the non-convicts who chose not to commit murders? It still makes my point. You can’t show deterrance works. Statistics are always tricky. Too many reasons could go into why murder rates drop.
 
OK, so in other words you can’t make the argument that deterrance works because you’d have to get testimonials of the non-convicts who chose not to commit murders? It still makes my point. You can’t show deterrance works. Statistics are always tricky. Too many reasons could go into why murder rates drop.
The Russian mafia, the Colombian drug cartels and the large international gangs have been very effective in using the death penalty to enforce discipline. It’s not PERFECT, but it is very effective. Very few prosecutions against those groups when their enforcement is so effective. The death penalty does deter people from testifying against them most of the time.
 
OK, so in other words you can’t make the argument that deterrance works because you’d have to get testimonials of the non-convicts who chose not to commit murders? It still makes my point. You can’t show deterrance works. Statistics are always tricky. Too many reasons could go into why murder rates drop.
Actually, deterrence can be shown just though surveys of convicts as a body and whether or not the existence of the death penalty dissuaded them form engaging in particular crimes. You have gone from counting an obviously incorrect pool to simply declaring that establishing a relevant sample couldn’t be done.

In a related situation, where localities started aggressively pursuing federal firearms charges against drug dealers as part of cracking down, they quit carrying guns because the federal firearms sentences were so much more sever than what they faced for possession, and said so when asked.

Likewise, rates of capital crimes in particular localities rise and fall inversely to the prevalence of use of the death penalty for those crimes, and sampling the populations most relevant to that change in behavior reveals that the increased possibility of the death penalty lead to a decrease in the attraction of criminal activities possibly ending with that sentence…

Yes, establishing the measure takes careful deliberation in setting up the study groups, but deterrence can be (and has been) measured in ways that pass peer review muster with enough accuracy that factors which decrease the deterrent effect have even been identified. Simply declaring deterrence does not occur or that you disbelieve the methods isn’t sufficient simply on a personal “says so” basis, especially when deterrence was long presumed to be the case by society before there were studies to back that presumption up.
 
I still don’t buy the deterrence argument. Death penalties are only awarded in murder cases. Most murder cases are in the heat of passion, not planned. The murderers don’t stop and think about not doing it because they might get the death penalty. As far as dissuading other criminal activities, I disagree with the argument that death penalty is justified because it deters other crimes. That is truly disproportional.
 
I still don’t buy the deterrence argument. Death penalties are only awarded in murder cases. Most murder cases are in the heat of passion, not planned. The murderers don’t stop and think about not doing it because they might get the death penalty. As far as dissuading other criminal activities, I disagree with the argument that death penalty is justified because it deters other crimes. That is truly disproportional.
Deterrance does work, but only in limited contexts.
In UK, we used to have a law, that if a policeman was killed during a blag, everyone involved in the blag was deemed guilty of the capital murder of the policeman.
this law had a definite deterrant effect, and it is known that villains frisked eachother to ensure that no-one was ‘tooled up’.
Likewise after the establishment of the Irish Free State, which became Eire, the police were entitled to execute summary justice upon anyone found armed. This also was effective.
What we have is a situation where draconian laws are extremely effective, and so they are.
What we decided though was that draconian laws are uncivilised, for it was too easy to missuse them.
Total security comes at a price, and that price is the freedom which you value so highly.
 
Interesting points. Deterrence is only one factor in consideration of the death penalty. I still am unpersuaded that it works. Complete tyranny works to dissuade rebellious acts but that doesn’t justify awarding the death penalty to a group of people in a fight where a police officer was killed. Is that justice for each of the people involved? The scenario you described suggests some innocent persons who just happend to be there ended up with the death penalty. There is a fairness issue for the individual convict and another fairness issue for the society.

Death penalty cases involve the detailed facts and circumstances of the offense, and societal goals as a secondary matter. Can you equate the murder Scott Peterson committed on his pregnant wife with a coked-up kid at a party who got mad and hit somebody in the head who died? I think there is too much guess work. We can easily lock people up for life without parole. That protects the society. As far as the individual is concerned, I don’t think mankind is well suited enough to make the judgments judicisously. I think it’s part of the culture of death to be so condemnatory to the convicts. I don’t feel sorry for them. Don’t get me wrong. But it is playing God in a sense to synthesize all of the factors involved and come up with death penalty sentence and be sure of its fairness. I think a judge and jury are not really equiupped for it. Human beings aren’t. And as I’ve said, in these heinous murder cases, our system is actually incapable of delivering justice. People have come to expect that but we can only try, as a goal, to achieve justice. We’ll never really know until the next life.
 
I still don’t buy the deterrence argument.
I’m not sure what I believe, but if you look over some of the work by Lott, which I cited at the beginning of this thread, he makes some reasonable arguments that it does indeed have a deterrence effect and shows some statistical information to back up the statement.
 
I’m not sure what I believe, but if you look over some of the work by Lott, which I cited at the beginning of this thread, he makes some reasonable arguments that it does indeed have a deterrence effect and shows some statistical information to back up the statement.
When the death penalty is used with savagery, it is an effective deterrant.
Attempts to build the death penalty into civilised law reduce its deterrant effect to near nonexistance.
A secondary, and unfortunate effect is that it can be difficult to get a conviction when the DP is in the ring.
In the US, this leads to 'plea bargaining. This is a denial of justice, effectively under threat, hence torture.
This is uncivilised.
 
It works: serial killers are stopped right in their tracks.
Interesting points. Deterrence is only one factor in consideration of the death penalty. I still am unpersuaded that it works. Complete tyranny works to dissuade rebellious acts but that doesn’t justify awarding the death penalty to a group of people in a fight where a police officer was killed. Is that justice for each of the people involved? The scenario you described suggests some innocent persons who just happend to be there ended up with the death penalty. There is a fairness issue for the individual convict and another fairness issue for the society.

Death penalty cases involve the detailed facts and circumstances of the offense, and societal goals as a secondary matter. Can you equate the murder Scott Peterson committed on his pregnant wife with a coked-up kid at a party who got mad and hit somebody in the head who died? I think there is too much guess work. We can easily lock people up for life without parole. That protects the society. As far as the individual is concerned, I don’t think mankind is well suited enough to make the judgments judicisously. I think it’s part of the culture of death to be so condemnatory to the convicts. I don’t feel sorry for them. Don’t get me wrong. But it is playing God in a sense to synthesize all of the factors involved and come up with death penalty sentence and be sure of its fairness. I think a judge and jury are not really equiupped for it. Human beings aren’t. And as I’ve said, in these heinous murder cases, our system is actually incapable of delivering justice. People have come to expect that but we can only try, as a goal, to achieve justice. We’ll never really know until the next life.
 
When the death penalty is used with savagery, it is an effective deterrant.
Attempts to build the death penalty into civilised law reduce its deterrant effect to near nonexistance.
~ This is simply not true, but then you’ve probably carefully avoided taking a look at the studies by Lott cited early in this thread and mentioned again just a few posts ago.
A secondary, and unfortunate effect is that it can be difficult to get a conviction when the DP is in the ring.
In the US, this leads to 'plea bargaining. This is a denial of justice, effectively under threat, hence torture.
This is uncivilised.
Once again, you make proclamations that expose your ignorance of how the system works in the US, as sentencing is determined in a separate phase from the decision to convict, and there are more options on the table for a Capital Murder conviction than just the DP.
 
No. the Church now teaches that the judgemental attitude to DP should be relegated secondary to the practical necessity of defending the public.
I’m not sure what you mean by “judgmental attitude”. The Church does not disallow judgment, she simply demands that the judgment be made justly and we have thoroughly covered the fact that the statement in the catechism allowing capital punishment only to protect the public is not a Church teaching but is simply the prudential judgment of JPII.
The Church allows the state to execute judgement, but does not detail how.
Our Lord allowed, even commanded that we demand not punishment commensurate, but that we forgive.
‘If a man take your coat, give him also your mantle’
This is your personal interpretation. The Church explicitly teaches that punishment ***must ***be commensurate in severity with the severity of the crime.
Judgement is to be set aside and replaced with sorrow and mercy.
You use terms very loosely. Justice is never to be set aside and mercy can never become automatic. Mercy is not to be offered to the unrepentant or to those who willfully and knowingly committed their crimes.

Finally, regarding all the comments about whether the death penalty acts as a deterrent: ultimately it doesn’t matter. We would hope that there is a deterrent effect - and every reason to believe that one exists - but a deterrent effect alone would not justify executing criminals nor would the lack of such an effect disallow such actions. It is the requirement of justice alone that permits or excludes any punishment.

I think a lot of people would agree with this comment:
When the death penalty is used with savagery, it is an effective deterrant.
So, if protecting society is the primary justification for capital punishment then if we acknowledge that this claim is true this would argue not for the elimination of executions but for a major expansion of their use.

The reason we don’t argue for the “savage” use of the death penalty, even though it would provide better protection for society, is because we recognize that it would be unjust.

Ender
 
[sign] Originally Posted by Voco proTatiano
No. the Church now teaches that the judgemental attitude to DP should be relegated secondary to the practical necessity of defending the public.[/sign]I’m not sure what you mean by “judgmental attitude”. The Church does not disallow judgment, she simply demands that the judgment be made justly and we have thoroughly covered the fact that the statement in the catechism allowing capital punishment only to protect the public is not a Church teaching but is simply the prudential judgment of JPII.
You simply cannot grasp.
If His Holiness had not intended as I said, but rather that commensurate judgement should be given, then he would have demanded the death penalty for all murders.
Thus the primary teaching is a matter of faith and morals, and is thus binding.
That is that the DP is not required on religious grounds, but is only required if there is no other means of protecting the public. This is NOT prudential, it is a matter of faith and morals.
What was prudential, was the judgement that some countries which claim to be civilised, had the will, and the means to take the difficult alternative
[sign]The Church allows the state to execute judgement, but does not detail how.
Our Lord allowed, even commanded that we demand not punishment commensurate, but that we forgive.
‘If a man take your coat, give him also your mantle’[/sign]
This is your personal interpretation. The Church explicitly teaches that punishment ***must ***be commensurate in severity with the severity of the crime.
No, it is not my personal judgement, it is the word of Our Lord.
If you choose to set the words of Paul at a greater importance than the words of Our Lord, the perhaps you should call yourself a Paulinist, rather than a Christian. Remember, Paul was never bishop of Rome, Peter was, and the words of Peter are given to us in the Gospel of Mark. Thus the Gospel of Mark supercedes all the writings of Paul.
[sign]Judgement is to be set aside and replaced with sorrow and mercy.[/sign]
You use terms very loosely. Justice is never to be set aside and mercy can never become automatic. Mercy is not to be offered to the unrepentant or to those who willfully and knowingly committed their crimes.
I have already made it plain that these individuals have lost their humanity, some might say the devil has taken their souls. Thus they are no longer human, but beasts.
They are no longer conscious of good and evil. They are not wicked, they are diseased, and dangerous.
They are not therefore subject to judgement under any moral code, but under utilitarian values.
The decision thus is:
They can never be released, for they are too dangerous.
To maintain their captivity with absolute certainty cannot be achieved with humanity.
Thus it is humane to allow euthanasia, to prevent the suffering of inhumane conditions.
Finally, regarding all the comments about whether the death penalty acts as a deterrent: ultimately it doesn’t matter. We would hope that there is a deterrent effect - and every reason to believe that one exists - but a deterrent effect alone would not justify executing criminals nor would the lack of such an effect disallow such actions. It is the requirement of justice alone that permits or excludes any punishment.
I think a lot of people would agree with this comment: [sign]When the death penalty is used with savagery, it is an effective deterrant.
Attempts to build the death penalty into civilised law reduce its deterrant effect to near nonexistance.
A secondary, and unfortunate effect is that it can be difficult to get a conviction when the DP is in the ring.
In the US, this leads to 'plea bargaining. This is a denial of justice, effectively under threat, hence torture.
This is uncivilised.

Snipping this out destroyed context, and you know it. [/sign] So, if protecting society is the primary justification for capital punishment then if we acknowledge that this claim is true this would argue not for the elimination of executions but for a major expansion of their use.
I did suggest that an increased use of euthanasia might be helpful, but not capital punishment.
We all remember the inhumane treatment of Saddam Hussain. That was neither humane nor just. That was plain vengeance.
This is what you get from fundamentalists, both so called Muslims, and so called Christians.
The reason we don’t argue for the “savage” use of the death penalty, even though it would provide better protection for society, is because we recognize that it would be unjust.
 
When the death penalty is used with savagery, it is an effective deterrant.
Attempts to build the death penalty into civilised law reduce its deterrant effect to near nonexistance.
A secondary, and unfortunate effect is that it can be difficult to get a conviction when the DP is in the ring.
In the US, this leads to 'plea bargaining. This is a denial of justice, effectively under threat, hence torture.
This is uncivilised.
I’m not sure how accurate your statements are. According to Dr Lott, who’s data was used to start this thread in my first post, there is no need to use the death penalty “with savagery” for it to be a deterrent.

Further, going back to Dr Lott, he would apparently use his data to also dispute your point about the modern application, under civilized law, drops the deterrent value to “near nonexistance” as you claim.

Third, you state that it is difficult to get a conviction when the death penalty is possible, and that is not based on fact either. Here we consider guilty or not first. Secondarily, is a separate sentencing hearing. I’ve sat on a jury where the death penalty could have been applied here in my state. It was a non-issue.

Your description of plea-bargaining suggest it is more a torture to the victims who were hurt by the criminal on trial than to the criminal. In fact a criminal would be happy to plea down his crime to a lessor offense, this to me is an injustice to the victims, their families and society.
 
I’m not sure how accurate your statements are. …
Further, going back to Dr Lott, he would apparently use his data to also dispute your point about the modern application, under civilized law, drops the deterrent value to “near nonexistance” as you claim.
Third, you state that it is difficult to get a conviction when the death penalty is possible, and that is not based on fact either. …
Your description of plea-bargaining suggest it is more a torture to the victims who were hurt by the criminal on trial than to the criminal. …
Forgive the multitude of snips, but its seems we are following the same theme. This is not the third or even the 30th time VpT’s claims have been challenged factually with no indication yet that he going to quit making clearly false claims or even apologize to any of the people he regularly paints in creatively unfavorable ways.
 
The death penalty will go away INSTANTLY and without controversy IF the people who oppose it can come up with an effective way of protecting society from “career sociopathic serial killers”.

There are people “out there” who enjoy killing. When they are caught and put in prison, they continue to kill innocent people.

Some have proposed incarceration 24/7. Solitary confinement 24/7.

The courts have forbidden that approach to incarceration.

So, here is the challenge:

COME UP WITH AN EFFECTIVE WAY OF PREVENTING SERIAL KILLERS FROM CONTINUING TO KILL.
 
The death penalty will go away INSTANTLY and without controversy IF the people who oppose it can come up with an effective way of protecting society from “career sociopathic serial killers”.
I wouldn’t be too sure of that. My support for the death penalty is not determined solely by the protection of society so even if that problem was resolved it would not resolve the issue for me. I will drop my support of it only if it can be shown that it is not required as a matter of justice … and perhaps not even then.

Part of the protection society receives from the execution of one felon is the deterrence effect on others. The claims that there is no deterrent effect from executions seems weak; from studies claiming deterrence exists to our own sense that the threat of punishment deters in other cases, why not here? The claims that most murders are heat of the moment actions doesn’t stand up: those types of murderers are rarely given the death penalty. I’m guessing that capital punishment usually requires some degree of premeditation. So - if executions deter murders and we are serious about protecting society - we should not eliminate the death penalty even if convicted killers could be safely warehoused for the remainder of their lives.

Ender
 
I’m not sure how accurate your statements are. According to Dr Lott, who’s data was used to start this thread in my first post, there is no need to use the death penalty “with savagery” for it to be a deterrent.

Further, going back to Dr Lott, he would apparently use his data to also dispute your point about the modern application, under civilized law, drops the deterrent value to “near nonexistance” as you claim.

Third, you state that it is difficult to get a conviction when the death penalty is possible, and that is not based on fact either. Here we consider guilty or not first. Secondarily, is a separate sentencing hearing. I’ve sat on a jury where the death penalty could have been applied here in my state. It was a non-issue.

Your description of plea-bargaining suggest it is more a torture to the victims who were hurt by the criminal on trial than to the criminal. In fact a criminal would be happy to plea down his crime to a lessor offense, this to me is an injustice to the victims, their families and society.
I have to confess that I am speaking primarily from the British experience.
There was a time, not so long ago, when ALL murders were Capital murders.
There were many acquittals where the prosecution refused to accept a verdict of manslaughter, which is not capital, but carried a mandatory life sentence, carrying a minimum of 22 years.
As for the DP having any deterrent effect, what evidence there is seems to have a generally negative correlation.
I offer you these links:
deathpenaltyinfo.org/article.php?did=167
huffingtonpost.com/cassy-stubbs/the-death-penalty-deterre_b_52622.html
soci.niu.edu/~critcrim/dp/dppapers/mike.deterence
religioustolerance.org/execut4.htm

I do accept of course that with the DP, there is zero per cent recidivism!
 
Some have proposed incarceration 24/7. Solitary confinement 24/7.

The courts have forbidden that approach to incarceration.
You have said this before, but I have never heard or seen this. Can you tell us when and how solitary confinement was illegalized? As far as I know it is still being used, and some folks go to “super-max” prisons were they are kept in solitary 24/7.
 
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