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Post by: Lormax
http://www.cnn.com/2008/CRIME/08/04/death.penalty.fat.ap/index.html
Seriously, shoot the MFer. In the head. If the first bullet doesn't do the trick I bet the 2nd one will. This'll open the door for anyone on death row to just plump themselves up and use this as a defense to continue to leech off the system. We really have become too soft in some regards...
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Post by: Darrian13
What a great(and by that I mean idiotic) defense. I am sure that the ACLU is hot on the scene defending this guy. If, this works for fatso, then every deathrower will be trying to bulk up.
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Post by: warpcrafter
If you don't think a bullet will do it, use a shotgun, to the back of the head. And have an open-casket funeral, so the families of his victims can have some satisfaction at last. (Yeah, I'm a barbarian like that!)
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Post by: Greebynog
He's clearly a monster, I say don't give him the satisfaction of death. Leave him in solitary with *just* enough plain bread to survive for the rest of his life. Much worse.
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Post by: stonefox
I can't wait to see the backlash from Europeans about those "morally reprehensible americans! They'll go to any lengths to execute someone  " if they somehow execute this guy.
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Post by: Panic
Double Post...
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Post by: Panic
yeah...
not from me, I think the UK needs to bring back Death sentence, when proof is 100% that the dude did it.
why can't they fry him... electricity don't discriminate against the fatties, just up the amps!!
PaniC...
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Post by: Frazzled
I'm shocked at the bloodthirstiness of you Americans. You'll go to any extent to murder someone. Don't you understand he's a human being, and clearly has suffered trauma due to his weight gain?
On the positive, Eduard's arrival has not stopped Medillin's pending execution.
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Post by: JohnHwangDD
You guys are weak.
I'd break him on the wheel.
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Post by: Darrian13
Too me, it is not an issue of how he dies, just that he does indeed die, soon.
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Post by: Greebynog
I do have a problem with the death penalty, but I don't think it's going to do anyone any good if I start down that road now...
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Post by: grizgrin
Greebynog: In all seriousness and not trying to be a sarcastic twit, but you are right. It won't.
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Post by: Polonius
It's actually a pretty clever defense. First off, Ohio's execution protocols aren't the best to begin with, and a lot of policy is made by wardens, not by any legislature. My Civil Procedure professor actually sued successfully for several inmates after the warden said they could not make a final statement, only a written statement that could be edited by prison staff. Even Texas allows a last statement. Of course Texas also posts the last statements on their website. http://www.tdcj.state.tx.us/stat/executedoffenders.htm
Murders and villains or not, it's a little chilling to read somebody's last words when they know, 100% that they are going to die.
Anyways, I know the ACLU gets a bad rap because they tend to defend some pretty awful dudes. Trust me, they know these are bad guys. However, the relationship between the people and their government is regulated by the constitution, which prohibits "cruel and unusual punishment." This was written at a time when Burning at the Stake, hanging in chains, and Drawing and quatering were all legal in Britain, so Cruelty varies a bit from generation to generation. My point is, while this guy is a murderer and was sentenced to die, his rights are no less valid then mine or yours. That's not liberal wishing, that's civil rights jurisprudence. It's the law of the land.
An additional point to consider is that the AMA prohibits a doctor from assisting in an execution, meaning the person setting the IV is probably not exactly an expert. The facts of the case are a little weak, and I'm sure they'll figure out some way to execute this guy, but it's a pretty interesting legal argument.
One final thing: every person is guaranteed a lawyer (that wacky consitution again!), and by law, every lawyer must work as hard as they can for the betterment of their clients' case. I'm not saying every lawyer does that, but one of the big things every law student learns in his legal ethics class is the extent to which a lawyer is an advocate for his client. All this public defender is doing is serving his clients interest to the best of his ability.
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Post by: Frazzled
Cap him with a 9mm to the back of the head. Problem solved. Whats the issue again?
I'd have a more respect for the ACLU if they didn't pick and choose which rights they sought to "protect." Find me a time they defended the Second Amendment and I'll buy you a cookie. But thats a completely different topic.
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Post by: Greebynog
grizgrin wrote:Greebynog: In all seriousness and not trying to be a sarcastic twit, but you are right. It won't.
Too true mate, too true.
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Post by: Polonius
jfrazell wrote:Cap him with a 9mm to the back of the head. Problem solved. Whats the issue again?
Amazingly, the issue is how hard it is to kill a person. It's not that it's impossible to find somebody that'll shoot a person in the back of the head, it's just hard to do it so that you know the person will die as quickly as possible. Like it or not, that's been the trend in american Death Penalty jurisprudence since the Bill of Rights, but certainly for a little over a hundred years. If anything, death penalty proponents should want executions to be as flawless as possible. the idea of simply "putting down" a person quietly and quickly is a lot less bothersome than reports of people bleeding from the back of head while some deputy keeps firing. Every botched execution makes it easier to ban the death penalty outright.
I'd have a more respect for the ACLU if they didn't pick and choose which rights they sought to "protect." Find me a time they defended the Second Amendment and I'll buy you a cookie. But thats a completely different topic.
You've got a point, but it's a pretty academic point. The second amendment is vigorously defended by gun owners (a majority of Americans) as well as the NRA (one of the largest and most powerful organizations in the country) and the Firearm industry (a major industry with money to fun lawsuits.) The ACLU picks and chooses what they fight because they tend to defend people with no other recourse. The 2nd is well protected, the 5th amendment taking's clause generally gets fought by property owners who tend to have money, the 3rd amendment has never been used in court, etc. Personally, I'd like it if the ACLU at least filed amicus briefs on behalf of 2nd amendment law, but virtually no gun law has been upheld, so it's not exactly a fight they desperatly need to get into.
If the accusation is that the ACLU is made up of, and tends to support, bleeding heart liberals and their hippy dippy politics, well, that's probably more true than not, but no less true than when the Federalist Society comes down the mountain with some neo-fascist conservative nightmare. Yin and Yang make the world go round.
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Post by: lifeafter
Polonius wrote:It's actually a pretty clever defense. First off, Ohio's execution protocols aren't the best to begin with, and a lot of policy is made by wardens, not by any legislature. My Civil Procedure professor actually sued successfully for several inmates after the warden said they could not make a final statement, only a written statement that could be edited by prison staff. Even Texas allows a last statement. Of course Texas also posts the last statements on their website. http://www.tdcj.state.tx.us/stat/executedoffenders.htm
Murders and villains or not, it's a little chilling to read somebody's last words when they know, 100% that they are going to die.
Anyways, I know the ACLU gets a bad rap because they tend to defend some pretty awful dudes. Trust me, they know these are bad guys. However, the relationship between the people and their government is regulated by the constitution, which prohibits "cruel and unusual punishment." This was written at a time when Burning at the Stake, hanging in chains, and Drawing and quatering were all legal in Britain, so Cruelty varies a bit from generation to generation. My point is, while this guy is a murderer and was sentenced to die, his rights are no less valid then mine or yours. That's not liberal wishing, that's civil rights jurisprudence. It's the law of the land.
An additional point to consider is that the AMA prohibits a doctor from assisting in an execution, meaning the person setting the IV is probably not exactly an expert. The facts of the case are a little weak, and I'm sure they'll figure out some way to execute this guy, but it's a pretty interesting legal argument.
One final thing: every person is guaranteed a lawyer (that wacky consitution again!), and by law, every lawyer must work as hard as they can for the betterment of their clients' case. I'm not saying every lawyer does that, but one of the big things every law student learns in his legal ethics class is the extent to which a lawyer is an advocate for his client. All this public defender is doing is serving his clients interest to the best of his ability.
That Texas link is really creepy. Reading that stuff makes me glad I'm not involved with any part of that process.
Does anyone know why shooting someone is deemed cruel and unusual?
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Post by: Frazzled
Originally it was discontinued in many states, not because fo cruelty to the murderers, but because the executioners tended to get squeamish.
I'm not sure what your argument is Polonius, its really hard to screw a firing squad execution of some sort. Of course if that doesn't work, the guillotine was always effective. If thats not effective stick him in a box. Drop said box into the ocean. Problem solved. Plus its Green by adding vital nutrients into the local biosphere. If its Green it has to be ok...
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Post by: Polonius
lifeafter wrote:
That Texas link is really creepy. Reading that stuff makes me glad I'm not involved with any part of that process.
Does anyone know why shooting someone is deemed cruel and unusual?
The last statements are just... sad. I know I realized I don't have the stomach for the apparatus of it all.
As for firing squad being C&U? Well, I don't think it does. It's just much more personal (somebody has to aim and pull the trigger), and the possiblity for error is higher. Utah used the firing as recently as 1996, but has since banned it for future sentances. Two other states have it as a backup.
http://en.wikipedia.org/wiki/Execution_by_firing_squad#Firing_squads_in_the_United_States
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Post by: Polonius
jfrazell wrote:Originally it was discontinued in many states, not because fo cruelty to the murderers, but because the executioners tended to get squeamish.
I'm not sure what your argument is Polonius, its really hard to screw a firing squad execution of some sort. Of course if that doesn't work, the guillotine was always effective. If thats not effective stick him in a box. Drop said box into the ocean. Problem solved. Plus its Green by adding vital nutrients into the local biosphere. If its Green it has to be ok...
I was being a bit nitpicky, I suppose. I was saying that a 9mm to the back of the head is easy to screw up. An keep in mind, screwing up isn't just measured in if he's still alive, but in how long it took to die. Given that states that used it recently have banned it, I'm guessing it's harder to administrate than we think.
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Post by: Polonius
Polonius wrote:jfrazell wrote:Originally it was discontinued in many states, not because fo cruelty to the murderers, but because the executioners tended to get squeamish.
I'm not sure what your argument is Polonius, its really hard to screw a firing squad execution of some sort. Of course if that doesn't work, the guillotine was always effective. If thats not effective stick him in a box. Drop said box into the ocean. Problem solved. Plus its Green by adding vital nutrients into the local biosphere. If its Green it has to be ok...
I was being a bit nitpicky, I suppose. I was saying that a 9mm to the back of the head is easy to screw up. An keep in mind, screwing up isn't just measured in if he's still alive, but in how long it took to die. Given that states that used it recently have banned it, I'm guessing it's harder to administrate than we think, due to the squeamishness you mentioned.
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Post by: Frazzled
That may be the case. but at the end of the day, pushing a switch, pulling a lever, or pulling the trigger is pretty much the same.
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Post by: Typeline
I know it will never and can never be done this way. But I think giving the person going to be put to death a gun with one bullet in it would be a good idea. If they have come to terms with the inevitability then they will finish the job themselves.
I've read about 12 of those last statements, and I think I might try to read all of them (over a long period of time). This is eerily entertaining.
Edit: This one is hilarious http://www.tdcj.state.tx.us/stat/clarkjameslast.htm
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Post by: JohnHwangDD
Except, those switches and levers all have the potential for error, and that's a minor problem in a world in which meat comes in neat, little, plastic-wrapped, bloodless packages.
If we still butchered our animals fresh, a lot of this silly squeamishness would go away.
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Post by: Frazzled
Agreed.
Unfortunately there are lots of people out there who aren't squeemish at all. Hence the whole need for death row in the first place.
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Post by: Darrian13
Amen to that. We should really return to firing squads.
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Post by: Gangsta_Tau
Damn murderous yanks!!!
Just kidding, I don't like fat people so do whatever you like with him
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Post by: JohnHwangDD
They should turn him into Soylent Green!
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Post by: Gangsta_Tau
I think his lard would aid in hanging.
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Post by: JohnHwangDD
Hanging is a problem for fat guys, because it's easy to accidentally pop the guys head off...
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Post by: sebster
Fun fact about Americans #2,437;
A large number of Americans are simultaneously obsessed with maintaining their freedoms, to the point of advocating personal weapon ownership to allow for violent revolution against their government, while at the same time utterly contemptuous of the legal body dedicated towards maintaining their freedoms.
Meanwhile, I’ve advocated ‘death by explosion’ for a while now. Sit the guy on top of metric crapload of explosives, throw a match and run like hell. He’ll be ripped to shreds in seconds so it can’t be painful, and the body parts flying everywhere will help remind everyone exactly what they’re really doing.
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Post by: Da Boss
Death by explosion? Hmmm.
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Post by: warpcrafter
This is why I said do it with a shotgun, you can't miss.
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Post by: Darrian13
@JohnHwangDD, his head popping off is a problem how?
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Post by: JohnHwangDD
Messy.
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Post by: reds8n
Panic wrote:yeah...
not from me, I think the UK needs to bring back Death sentence, when proof is 100% that the dude did it.
Like Barry George ..... right ?
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Post by: Panic
yeah,
just like with barry george... his evidence wasn't 100%, but it was enough to convict. he was a stalker (he admitted this on release) with gun powder residue on his person.
but no one saw him do it (i.e. not 100% sure) and no confession. so there was a possibility of innocence.
this countrys got alot of real bad dudes on life sentences where there was no doubt that they murdered alot of people...
I offer Fred and Rosemary West, Peter William Sutcliffe, Myra Hindley as examples of people who should have been killed straight after conviction... no appeal.
It sounds that mr fat ass definently 100% Raped and Murdered two young women. If it was my family i'd be suing the state for letting this farse of a defence continue.
PaniC.
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Post by: Hordini
JohnHwangDD wrote:Except, those switches and levers all have the potential for error, and that's a minor problem in a world in which meat comes in neat, little, plastic-wrapped, bloodless packages.
If we still butchered our animals fresh, a lot of this silly squeamishness would go away.
I always chuckle when people say stuff like this.
My family still butchers our own cattle and pigs, and we process any deer we kill while hunting. Trust me when I say this doesn't have much to do with being squeamish in regards to executing a human. You might get more used to the sight of lots of blood, but I doubt that takes away much of the squeamishness of a human execution. As someone who has done the deed personally on more than one occasion, killing a living animal is something that still gives me pause. It definitely gives you a certain respect over the power of life and death, and stirs up feelings you can't really replicate without having experienced yourself. Although I do think anyone who eats meat should be at least familiar with the process, and participate in it at least once, if at all possible. Just so you have a little understanding of the gravity of the whole thing.
I don't know but I would imagine when humans are involved the feelings and squeamishness are multiplied by 1,000.
And I say this as someone who is okay with execution, if the person being executed did in fact commit the crime. I guess I'm just saying it's not something to be taken lightly, either way.
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Post by: Polonius
Panic wrote:yeah,
It sounds that mr fat ass definently 100% Raped and Murdered two young women. If it was my family i'd be suing the state for letting this farse of a defence continue.
PaniC.
There are actually no legal grounds for the family of the victims to sue the state. There's a certain myth that families of victims of violent crime have legal rights. They actually don't, at least not in the criminal sphere. You can sue the guy in civil court for wrongful death (like happened to OJ), but a criminal trial is between the State and the Defendant. The reason for this is to eliminate revenge killings and honor duels and all that nonsense. Killing anybody, regardless of station, is a crime and the state will prosecute.
I'm pretty ambivalent about the death penalty. I think the state has the right to kill those that are dangerous, and I think modern courts are getting better (although still pretty bad) at convicting the right people. I'm not sure that it's necessary any more, what with modern prisons and the like, but I understand that the option belongs on the table. What bugs me is, as Hordini pointed out, is the casual or even eager way people seem to advocate it. Crime or no crime, I think a state sanctioned termination should be treated solemnly. I also think that far too much of the support for the death penalty comes from the desire to have vengeance. What do you hear after every execution? "Well, now the victims family can have closure." I don't want to minimize the human need for vengeance, or denigrate the grief of the families, but the legal system does not exist for revenge.
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Post by: Frazzled
sebster wrote:Fun fact about Americans #2,437;
A large number of Americans are simultaneously obsessed with maintaining their freedoms, to the point of advocating personal weapon ownership to allow for violent revolution against their government, while at the same time utterly contemptuous of the legal body dedicated towards maintaining their freedoms.
You're assuming the legal body is dedicated towards maintaining our freedoms. I'd proffer thats not the case. Not maliciousdly but like every bureaucracy, governemnt and the courts seek an increase of their power generally.
Meanwhile, I’ve advocated ‘death by explosion’ for a while now. Sit the guy on top of metric crapload of explosives, throw a match and run like hell. He’ll be ripped to shreds in seconds so it can’t be painful, and the body parts flying everywhere will help remind everyone exactly what they’re really doing.
Lets take the executioner out. Same to same but make it a nice claymore situation. That way there is no exeuctioner. His life is literally in his own hands.
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Post by: JohnHwangDD
Hordini wrote:JohnHwangDD wrote:Except, those switches and levers all have the potential for error, and that's a minor problem in a world in which meat comes in neat, little, plastic-wrapped, bloodless packages.
If we still butchered our animals fresh, a lot of this silly squeamishness would go away.
I always chuckle when people say stuff like this.
I'm just saying it's not something to be taken lightly, either way.
Given that I've cleaned my share of fresh animals, I don't know what you're chuckling about. It's a messy business, which is why it makes me a little nuts that people think meat comes from supermarkets.
We have this notion that everything in the real world dies in a neat, tidy, bloodless fashion when the reality of dying is very different. I agree that we shouldn't be condemning people willy-nilly. But that's something to resolve with the legal system, not the executioner.
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Post by: warpcrafter
How about that blowfish poison? Put some of it on the outside of one of those extra-thin needles that diabetics use, he'll be dead before he even feels the prick of the needle. No suffering, no mess. Of course, I'm still firmly on the side of the crap-ton of explosives method myself. Also, it costs millions of dollars to keep a scumbag on death row while they drag out the appeals proccess. That's tax dollars that could be spent on something constructive.
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Post by: JohnHwangDD
Polonius wrote:I don't want to minimize the human need for vengeance, or denigrate the grief of the families, but the legal system does not exist for revenge.
In theory, it exists to take the place of revenge, so we don't all end up blind and toothless.
But there is a basic human notion of justice and fairness, and when someone has killed another, they probably ought to be put down like any other destructive predator.
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Post by: Polonius
JohnHwangDD wrote:Polonius wrote:I don't want to minimize the human need for vengeance, or denigrate the grief of the families, but the legal system does not exist for revenge.
In theory, it exists to take the place of revenge, so we don't all end up blind and toothless.
But there is a basic human notion of justice and fairness, and when someone has killed another, they probably ought to be put down like any other destructive predator.
Well, you're combining two thoughts there. There's the fairness concept, "a person who kills should be killed himself" with a socital necessaty concept: "A person that is dangerous to others should be eliminated."
I'd argue that the criminal justice system isn't about fairness. Tort and Contract law are more interested in what's fair, although even they tend to focus more on Justice than fairness. Criminal law is based on the idea that there are certain actions that hurt the state, and thus the state can sanction those that perform those acts. The sanctions can be putative, reforming, disabling, or whatever, but the State has the right to punish those that violate it's laws. Fairness has little to do with it (as anybody familiar with drug sentancing guidelines can attest to). Fairness is concerned with accuracy, justice is obsessed with precision. Whether the death penalty is a "fair" punishment is not the question, it's if it is just.
Even your example, that a person that kills another ought to be put down, opens a lot of questions. What about self defense? Defense of others? What about a drunk driver? Or an honest bar fight that ends in a freak death? What about crimes of passion? Crimes of stupidity? What about the insane? You have to start drawing lines, and once you start, it simply becomes a matter of policy to determine what's a capital murder and what's not. Myself, I like the old school idea of "Malice Aforethought" as a good benchmark, but even that is a tricky standard.
I know I'm a minority opinion, and I really don't mean any of this personally, I just feel very... chilled by the zeal for the death penalty many people seem to express. Killing another person for the good of the state may have to happen, but I really don't think it should be celebrated. I really try to remember that most people are just spouting off, or joking, but I'm in Law School, and Criminal Law is an interest of mine, specifically prosecution. It's a bit different when you learn the law and the facts and part of my job search will require deciding if I could try a capital case. It's a heavy issue, and one that I've spent some time thinking about, so I apologize if I come off as grumpy and judgmental.
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Post by: Frazzled
Polonius wrote:[
Even your example, that a person that kills another ought to be put down, opens a lot of questions. What about self defense? Defense of others? What about a drunk driver? Or an honest bar fight that ends in a freak death? What about crimes of passion? Crimes of stupidity? What about the insane? You have to start drawing lines, and once you start, it simply becomes a matter of policy to determine what's a capital murder and what's not. Myself, I like the old school idea of "Malice Aforethought" as a good benchmark, but even that is a tricky standard.
Of course none of those reach the standard of Capital Murder (local nomenclature may vary) so are void arguments on their face.
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Post by: Phoenix
Having witnessed the erroneousness of the legal system in work second hand, I'm kind of glad these guys get appeals. Sure it may be a waste of money a lot of the time, but other times they find out they really got the wrong guy. They just need to work on streamlining the system a bit better. Perhaps wave the appeal process for guilty or no contest pleas. Maybe put in some sort of express lane that the prisoners can opt into rather than rotting for ever.
All in all, I’m very pro death (penalty, stupidity, or whatever else gets people off my freeways). But at the same time I want to make sure that the people dieing are the ones that are doing so because of their own actions, not just being in the wrong place at the wrong time.
As for method, I’m ok with the injection, guillotine, explosive collar, firing squad, CO poisoning, or letting the prisoner have their choice of a variety of things. Funny enough, I’m kind of wondering why the gas chamber uses cyanide rather than carbon monoxide to take people out. Seems like going to sleep due to oxygen displacement in your blood would be an easy way to go.
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Post by: JohnHwangDD
Polonius wrote:JohnHwangDD wrote:In theory, it exists to take the place of revenge, so we don't all end up blind and toothless.
But there is a basic human notion of justice and fairness, and when someone has killed another, they probably ought to be put down like any other destructive predator.
Well, you're combining two thoughts there. There's the fairness concept, "a person who kills should be killed himself" with a socital necessaty concept: "A person that is dangerous to others should be eliminated."
I'd argue that the criminal justice system isn't about fairness. Tort and Contract law are more interested in what's fair, although even they tend to focus more on Justice than fairness. Criminal law is based on the idea that there are certain actions that hurt the state, and thus the state can sanction those that perform those acts.
Even your example, that a person that kills another ought to be put down, opens a lot of questions. What about self defense? Defense of others? What about a drunk driver? Or an honest bar fight that ends in a freak death? What about crimes of passion? Crimes of stupidity? What about the insane? You have to start drawing lines, and once you start, it simply becomes a matter of policy to determine what's a capital murder and what's not. Myself, I like the old school idea of "Malice Aforethought" as a good benchmark, but even that is a tricky standard.
I know I'm a minority opinion, and I really don't mean any of this personally, I just feel very... chilled by the zeal for the death penalty many people seem to express. Killing another person for the good of the state may have to happen, but I really don't think it should be celebrated.
I'm in Law School, and Criminal Law is an interest of mine, specifically prosecution. It's a bit different when you learn the law and the facts and part of my job search will require deciding if I could try a capital case.
If you go back to the earliest systems, you have things like Leviticus and the Code of Hammurabi, for which the notions of fairness and justice conflate together: If you blind me, I take your eye as recompense; If you kill my brother, I'm entitled to kill you.
Modern Criminal Law recognizes that these things very easily get out of hand as societies and networks get larger - bands of vigilantes are a bad thing in the large. The notion that they somehow "offend the state" is simply wierd and distasteful to me. I see it as the expediency of centralizing things, and the modern American hyper-legalist / literalist approach only furthers the artificiality of things. By taking the victims out of the picture and focusing so heavily on the law and procedure, premeditated murder is only marginally different from having an expired license plate tag.
Really, it bothers me that the state has gotten away from the notion of acting in the interests of people, but rather acts of its own accord. The way you put it, the state is no longer answerable.
In the modern era, the law is all about splitting hairs in each of the above situations, and then finding loopholes, so in all of the above cases, the killer should go free. The only exception to this is likely to be self-defense, because we Americans are stupidly perverse that way. But that's all a dodge.
To me: self defense and defense of others should be a free pass. Drunk drivers should be summarily executed by the side of the road. Barfight? - if he started it, he goes down, same as "passion". No exception for stupidity or insanity - if someone can't understand the basic idea not to kill other people, they probably shouldn't be in society.
Personally, I cheer every time a murderer is executed. The hurdle and burden of proof is so great, it's good that someone finally pays "the ultimate price", if only to show the rest of us what that limit really is. The day that we can't execute is the day that punishment itself starts down the slippery slope towards nothingness.
I don't really think we need any more lawyers, but if you're actually trying to *help* the community, I suppose I can't fault you for that.
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Post by: Darrian13
I have read hundreds of your posts and I have never agreed more to any of them than I do to this one. Bravo!
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Post by: Gangsta_Tau
POST DELETED BY MODQUISITION
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Post by: Da Boss
I agree with Polonius that cheering the death penalty is distasteful, I said as much in the other thread where we were discussing this.
I'm sorta in two minds about the death penalty in terms of right and wrong though. I think it's okay in some cases. But it should be approached with respect.
This particular case is irritating. The guy should be told to lose the weight or accept the pain, I reckon. But I'm not a specialist in the area by any means.
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Post by: grizgrin
I think this thread serves as a wonderful reminder of the cardianl rule of online forums:
Don't take anyone seriously.
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Post by: SlaveToDorkness
I think he should be given bread & water only until he's a svelt 185 then killed in whatever means allowed by the State.
Give me Texas with their "Express Lane" Death row for violent criminals convicted by 3 or more witnesses.
Can't really see why they don't just put a shotgun to the back of their head when they are not expecting it, to me half the torture of it all is them knowing when it's happening and how, and the waiting it creates.
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Post by: grizgrin
You know, I wonder if anyone has every used C&U to try and get around the wait in prison? I don't mean the appeals process, but from what I understand there is still a substantial wait even unrelated to that.
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Post by: Greebynog
This thread really got me thinking about my own anti-capital punishment standpoint, so I've done a bit of research. Here's some links for you to look at, I'll leave you to make your own conclusions, but I think it's interesting.
http://www.deathpenaltyinfo.org/article.php?did=168
http://www.deathpenaltyinfo.org/article.php?scid=6&did=111#Released
http://www.deathpenaltyinfo.org/article.php?did=108&scid=7
I realise this is an anti-death penalty site, so bear any possible bias in mind, have a poke around there though, I've been intrigued by a lot of what there is on there. I'd love to see any statistics and studies that counter these claims (genuinely, I'd like to see the other side).
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Post by: Hordini
JohnHwangDD wrote:
Given that I've cleaned my share of fresh animals, I don't know what you're chuckling about. It's a messy business, which is why it makes me a little nuts that people think meat comes from supermarkets.
I was chuckling because you seemed to be implying that if more people were familiar with the process of slaughtering and butchering animals, they would be more accepting of the death penalty. And that some people think meat comes from supermarkets.
I'm just saying I think it might give people a better perspective on the whole life cycle, or whatever you want to call it, and help people to have a little more respect regarding the whole thing. That doesn't necessarily mean people would be more gung-ho towards the death penalty though.
I could be wrong about that, however. But keep in mind I say this as someone who is not against executing someone who has committed a heinous crime.
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Post by: sebster
jfrazell wrote:You're assuming the legal body is dedicated towards maintaining our freedoms. I'd proffer thats not the case. Not maliciousdly but like every bureaucracy, governemnt and the courts seek an increase of their power generally.
Nah dude, I didn’t mean the courts, who are ultimately there to administer the law, regardless of what the law may be. I mean the ACLU and other bodies dedicated to protecting civil liberties. It makes me laugh when you see someone pointing out how important their guns are to keep their government in line, then in the next sentence they’ll be attacking the ACLU or a similar body.
Lets take the executioner out. Same to same but make it a nice claymore situation. That way there is no exeuctioner. His life is literally in his own hands.
That’s a good one, yeah. Anything will do though, as long as it’s reasonably instant and painless and absurdly bloody at the same time. I just hate how we pretend that the death penalty is supposed to be clinical and clean. It isn’t, you’re killing someone, and ramping up the gore to comical levels really should help everyone keep that in mind.
Note that I’m not anti-death penalty, because I’m really kind of ambivalent to it. Locking someone in solitary for life is really no less horrible, and is probably less honest than just killing them. And that’s really all I’m after, a little bit of honesty in the process. The criminal did something horrible and brutal, and now we’re going to do something horrible and brutal in return, like putting them on top of a crapload of explosives or running them through a minefield.
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Post by: Frazzled
sebster wrote:jfrazell wrote:You're assuming the legal body is dedicated towards maintaining our freedoms. I'd proffer thats not the case. Not maliciousdly but like every bureaucracy, governemnt and the courts seek an increase of their power generally.
Nah dude, I didn’t mean the courts, who are ultimately there to administer the law, regardless of what the law may be. I mean the ACLU and other bodies dedicated to protecting civil liberties. It makes me laugh when you see someone pointing out how important their guns are to keep their government in line, then in the next sentence they’ll be attacking the ACLU or a similar body.
Lets take the executioner out. Same to same but make it a nice claymore situation. That way there is no exeuctioner. His life is literally in his own hands.
That’s a good one, yeah. Anything will do though, as long as it’s reasonably instant and painless and absurdly bloody at the same time. I just hate how we pretend that the death penalty is supposed to be clinical and clean. It isn’t, you’re killing someone, and ramping up the gore to comical levels really should help everyone keep that in mind.
Note that I’m not anti-death penalty, because I’m really kind of ambivalent to it. Locking someone in solitary for life is really no less horrible, and is probably less honest than just killing them. And that’s really all I’m after, a little bit of honesty in the process. The criminal did something horrible and brutal, and now we’re going to do something horrible and brutal in return, like putting them on top of a crapload of explosives or running them through a minefield.
I am not sure about "similar bodies," but as the ACLU has put forth briefs supporting Washington DC's confiscatory position on firearms, and a slew of other interesting things, I'd take that they are defending my rights as incorrect.
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Post by: Polonius
jfrazell wrote:
I am not sure about "similar bodies," but as the ACLU has put forth briefs supporting Washington DC's confiscatory position on firearms, and a slew of other interesting things, I'd take that they are defending my rights as incorrect.
I think this is exactly his point. The ACLU is mostly working against stuff like the warrantless wiretapping and various aspects of the patroit act that violate the 4th amendment. To say that because the ACLU differs on how they view the 2nd amendment means they're not defending you rights only shows that you and they have a different view of what constitute your rights. Of course, if you're a middle class white christian guy that supports the government, doesn't cause any trouble or appears to cause trouble, then no, it seems unlikely that you're going bank heavily on the ACLU for your own rights.
I don't agree with all of their positions, and they can sometimes make quit an annoyance of themselves, but I really think it's unfair to dismiss all of their work.
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Post by: CorporateLogo
What Polonius said. Disagree with the ACLU on one issue and they're automatically godless Communists out to destroy your rights?
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Post by: Polonius
jfrazell wrote:Polonius wrote:[
Even your example, that a person that kills another ought to be put down, opens a lot of questions. What about self defense? Defense of others? What about a drunk driver? Or an honest bar fight that ends in a freak death? What about crimes of passion? Crimes of stupidity? What about the insane? You have to start drawing lines, and once you start, it simply becomes a matter of policy to determine what's a capital murder and what's not. Myself, I like the old school idea of "Malice Aforethought" as a good benchmark, but even that is a tricky standard.
Of course none of those reach the standard of Capital Murder (local nomenclature may vary) so are void arguments on their face.
Well, that was my point. I was showing that there are so many types of homicide that we immediately dismiss from the capital murder argument, that in the end it becomes a judgment call. It's not "however kills shall be killed," but rather a complex method of analyzing how they killed, why the killed, what else they've done in the past, etc. States could execute the legally slowed until recently, and plenty of dumb ass folks are still on death row, committing stupid crimes. The legal bar for an insanity defense is actually very tough to reach, no matter what Law and Order may show. I'm also not certain that people like Dahmer or Manson aren't deeply disturbed, if not legally insane.
So, they may be void argument, but they weren't my arguement. They were to set up my argument, that the death penalty is a confused blend of policies, not a pure Hammurabi style fairness doctrine.
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Post by: Polonius
CorporateLogo wrote:What Polonius said. Disagree with the ACLU on one issue and they're automatically godless Communists out to destroy your rights?
Well, I find the ACLU position on gun control at best inconsistent and at worst hypocritical, but it takes the ship where the paying customers want to go, and most contributers are pro gun control. I think it's silly that a group that has consistently expanded personal rights against self incrimination, search and seizure, free speech, etc. would look at guns and say, "it's a collective, not a personal right." I've yet to found a group of people with whom I agree on every policy issue, be it political party, Church, PAC, etc., so I tend to overlook some problems here and there.
And, lets not forget that the ACLU tends to defend some awful people. Lifetime criminals, Neo-Nazis, garden variety tools, and the cranky atheists that don't like Christmas displays at city hall. You are bound to piss people off when you defend these guys, and I don't criticism of the organization personally. (I am, literally, a card carrying member myself. I think it expired, but I still carry it  )
I agree with what I see as a core belief of the ACLU, which is that just because the government or society views a person as a pariah, wackjob, criminal or jerk doesn't mean their rights evaporate. When the rights of anybody can be taken away, it makes us all a little less free.
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Post by: Wolfstan
A true life sentence would do for starters, life means life. Locked away on their own for 23.5 hours aday, no contact with anybody else but the prison staff. Everyday would allow them suffer, the 1st few years they will probably harden to it, but after 10 years I would imagine that the lonliness really starts to kick in. You also have the benefit of if if they are proved to be innocent at a later date you can release them The death penalty leaves no room for mistakes and it obviously isn't working, as people are still being killed in the US.
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Post by: Da Boss
I dunno. I think that prison should be about rehabilitation. Punishment can certainly be part of that, but what you've described doesn't have any element of rehab.
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Post by: Lormax
For those of you against it, would you all be singing the same tune if that was your daughter, or wife, that was raped and murdered by this guy?
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Post by: Da Boss
No, but I wouldn't be thinking rationally then either. I don't think the State should act in the same way as a grief stricken relative consumed with rage.
(That said, I'm not 100% against the Death Penalty, just 99%.)
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Post by: Frazzled
Why not? if the State were thinking rationally most criminals would be neutered and "put down" due to high recidivism rates. If not put down the whole "penal regiment" rears its ugly head. if the State is corporate then these would be the cancer cells rampagig and harming noncancerous productive cells. Those cells are dealt with for the survival of the corporate body, not rehabilitated.
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Post by: Polonius
Lormax wrote:For those of you against it, would you all be singing the same tune if that was your daughter, or wife, that was raped and murdered by this guy?
First off, I'm not sure very many people have spoken against the death penalty per se, only it's application. In fact, my argument was essentially that your hypo above should NOT be the factor used to determine who gets executed. Of course if somebody killed my fiance I'd want them to suffer. I'd want it to be cruel, I'd want it to be unusual, and I wouldn't give a crap about their rights. I would want revenge, and I'd want to take it out on somebody.
And then I'd stop, and I'd realize it wouldn't make me happier, or more content. She'd still be dead, and I'd have seen an ugly side to myself. God willing, I don't have to encounter that, but I would like to think that I wouldn't want to kill the murder. This isn't a legal or political argument that I'm going into, just a personal bit of, I dunno, philosophy. I'm a big believer in the concept of redemption (similar but distinct from salvation). I was raised Catholic, and while I don't practice much any more, I'm still a believer in the idea that belief in the divine must be combined with good works. It's not really a recognized part of it, but I'm firmly of the belief that no matter how awful you are, no matter what you've done, it is always possible to redeem yourself through actions. Because of this belief, on a personal level, I would have a hard time advocating for somebody to die. If they've confessed to the crime and have sought forgiveness, I believe I should accept it. If they refuse, I think they should be given the time to redeem themselves. Please understand, I'm not trying to sell anybody on my ideas here. I'm just trying to explain what it'd do in that situation.
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Post by: Polonius
jfrazell wrote:Why not? if the State were thinking rationally most criminals would be neutered and "put down" due to high recidivism rates. If not put down the whole "penal regiment" rears its ugly head. if the State is corporate then these would be the cancer cells rampagig and harming noncancerous productive cells. Those cells are dealt with for the survival of the corporate body, not rehabilitated.
Why not? Well, simply because that's the opposite of how the US was founded, I guess. The power of the state over the individual should be tempered. All that stuff about 10 guilty men going free before 1 innocent is punished. Criminals aren't cancer cells, they're not rabid dogs, and they're not monsters. They're people that have made bad choices, and should be punished for those choices, but they are still humans.
I want to steer clear of Goodwin's law, but what you advocate is a central tenant of most totalitarian, and yes, fascist regimes. The elimination of those that offend the state sounds great as long as everybody agrees on what is offensive. Slippery slope arguments are weak, but governments almost always gain power, not lose it over time. Any system that gives that level of sanctioning power to the government runs the risk of finding more and more people being declared "offensive" or "unfit."
Many, but certainly not all, advocates of the Death Penalty are conservatives who generally like the idea of a smaller, weaker central government. They don't like the idea that the Government can regulate their business, tax their income, take their property, etc. Yet many seem very gung ho on the idea that the government should be more aggressive in taking life and liberty from people. The fight against tyranny is fought on many fronts.
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Post by: CorporateLogo
Polonius wrote:
Well, I find the ACLU position on gun control at best inconsistent and at worst hypocritical, but it takes the ship where the paying customers want to go, and most contributers are pro gun control. I think it's silly that a group that has consistently expanded personal rights against self incrimination, search and seizure, free speech, etc. would look at guns and say, "it's a collective, not a personal right." I've yet to found a group of people with whom I agree on every policy issue, be it political party, Church, PAC, etc., so I tend to overlook some problems here and there.
And, lets not forget that the ACLU tends to defend some awful people. Lifetime criminals, Neo-Nazis, garden variety tools, and the cranky atheists that don't like Christmas displays at city hall. You are bound to piss people off when you defend these guys, and I don't criticism of the organization personally. (I am, literally, a card carrying member myself. I think it expired, but I still carry it  )
I agree with what I see as a core belief of the ACLU, which is that just because the government or society views a person as a pariah, wackjob, criminal or jerk doesn't mean their rights evaporate. When the rights of anybody can be taken away, it makes us all a little less free.
This is what I was getting at, though I phrased it in a very graceless manner, admittedly.
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Post by: Da Boss
I'm sure most cancer victims would be delighted if we could rehabilitate the cancerous cells rather than lopping them out. Ask any woman who has had a mastectomy, or any man whoose testicles have been lopped off, or of course, anyone with inopperable cancer.
Let me spin the argument on it's head: If your dad, in a fit of rage, killed someone, would you be as gung ho to have him executed? Everyone's got a mother.
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Post by: Phoenix
While I’m generally a supporter of the death penalty as I mentioned before, I do have some reservations about it. The primary thing being the uncertainty the system creates. If there was a way to be 100% sure the guy did it, then I’d be all for it, but there is just a lot of room for error. One of the biggest places things go wrong is in how the people who really work in the system are graded. How many times have you heard ads for elected officials like judges or district attorneys that go something like this “I’ve locked up thousands of criminals so your streets are safe” or “I have a 98% conviction rate” or “I’ve won 95% of my cases” and the list goes on and on. These sound like impressive records don’t they? The problem with this is that those criminals you locked up are criminals because you locked them up, not necessarily because they committed crimes. A 98% conviction rate is pretty good so long as 2% of the people you brought a case against were really innocent (and they are the ones that walked). The simple fact of the matter is that the people who are pushing things in the system are not judged, graded, or anyway held accountable for actually seeing that justice is upheld. They are simply rewarded for winning cases regardless of if their side is right or wrong. Police are not a whole lot better. The problem with them is that they not only have rules to follow (which is a good thing) but because of the rules and their general attitude, they can’t ever be wrong. So it hardly matters if a suspect did it or not, if they can make an arrest and testify to what they did / saw then they have done well. And the more resources they spend on going after someone, the less willing they are to admit that they might have made a mistake. This can get so bad that people (I know one personally) end up getting convicted of things that should never have gone to trial in the first place because it’s so blindingly obvious that the cops screwed up. But no one wants to put their neck out and stop the ball from rolling and a good lawyer ends up prosecuting the case and pads their conviction stats.
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Post by: JohnHwangDD
Lormax wrote:For those of you against it, would you all be singing the same tune if that was your daughter, or wife, that was raped and murdered by this guy?
I'm not nearly such a nice guy as Polonius. And I don't have nearly the same capacity of forgiveness.
So if death isn't an option, then what sort of penalty might exist?
I'm an engineer, very hard sciences. I think I could probably keep him alive, helpless, and suffering in constant agony until the day that I died, at which point he would simply starve to death or die of infection due to lack of treatment. In essence, his daily suffering would merely be the physical embodiment of the mental anguish that I would be suffering day after day after day.
At that point, God can do as he will. God's dominion starts at death, while mine would be up to that point.
So all things considered, state-sponsored execution isn't such a bad thing on the whole.
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Post by: Frazzled
Polonius wrote:jfrazell wrote:Why not? if the State were thinking rationally most criminals would be neutered and "put down" due to high recidivism rates. If not put down the whole "penal regiment" rears its ugly head. if the State is corporate then these would be the cancer cells rampagig and harming noncancerous productive cells. Those cells are dealt with for the survival of the corporate body, not rehabilitated.
Why not? Well, simply because that's the opposite of how the US was founded, I guess. The power of the state over the individual should be tempered. All that stuff about 10 guilty men going free before 1 innocent is punished. Criminals aren't cancer cells, they're not rabid dogs, and they're not monsters. They're people that have made bad choices, and should be punished for those choices, but they are still humans.
I want to steer clear of Goodwin's law, but what you advocate is a central tenant of most totalitarian, and yes, fascist regimes. The elimination of those that offend the state sounds great as long as everybody agrees on what is offensive. Slippery slope arguments are weak, but governments almost always gain power, not lose it over time. Any system that gives that level of sanctioning power to the government runs the risk of finding more and more people being declared "offensive" or "unfit."
[\quote]
Actually, this was in reply to the theory that the "offended" had moved historically from the victim to the State and that that was a good thing. I was cautioning: 1) not necessarily correct; 2) agreeing that this is not a good thing. A rational State is a Killer State in this regard. Simple logic of numbers. High recidivism means logically the criminals would be dealt with if its purely the State acting logically. I am not a proponent that this is how it should be (hence my arguing for all of the Bill of Rights).
Many, but certainly not all, advocates of the Death Penalty are conservatives who generally like the idea of a smaller, weaker central government. They don't like the idea that the Government can regulate their business, tax their income, take their property, etc. Yet many seem very gung ho on the idea that the government should be more aggressive in taking life and liberty from people. The fight against tyranny is fought on many fronts.
No. Death penalty advocates generally believe that life is so sacred that the only possible punishment that could equal it is the taking of the life of criminal. There are many of us who would add rape, and child molestation to that list for the same reason, that you have effectively robbed the victim of their life, and that society must show how heinous this crime was, that the only punishment befitting is death. I'm sure not all of us are serious when we're talking explosives etc. but the end result stands.
Its interesting that you added "liberty" to the mix though. What are you trying to argue with that statement, that murderers are getting too severe a sentence with life or otherwise?
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Post by: JohnHwangDD
Phoenix wrote:While I’m generally a supporter of the death penalty as I mentioned before, I do have some reservations about it. The primary thing being the uncertainty the system creates. If there was a way to be 100% sure the guy did it, then I’d be all for it, but there is just a lot of room for error.
I don't think there's ever going to be an absolute 100% when you talk about presenting information to a jury.
But you can get to the point at which alternatives are pretty far-fetched, like a 1-armed man or space aliens or something totally outside of normal human experience.
That is why the standard is "beyond a reasonable doubt" - that is, you need to get a dozen men and women to agree that there aren't any reasonable alternatives besides concluding that the accused committed a capital crime. And that's a fairly high bar. It's not so difficult to convince one or two people, especially if you know them. But a dozen strangers? *Much* harder. Just look at YMDC on Dakka!
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Post by: Frazzled
I've yet to convince one person on YMTC of, well anything. Excellent point JHDD.
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Post by: Polonius
jfrazell wrote:
Actually, this was in reply to the theory that the "offended" had moved historically from the victim to the State and that that was a good thing. I was cautioning: 1) not necessarily correct; 2) agreeing that this is not a good thing. A rational State is a Killer State in this regard. Simple logic of numbers. High recidivism means logically the criminals would be dealt with if its purely the State acting logically. I am not a proponent that this is how it should be (hence my arguing for all of the Bill of Rights).
Well, I may have overstated the extent to which restitution has been eliminated from criminal law. I'm really not sure what you mean by the rest of your paragraph. I would say that a rational state uses the best and cheapest methods to eliminate recidivism. In the current arena, the death penalty is quite expensive due to mandatory appeals and increased death row security. Some, but by no means all of that could be eliminated and still be constitutional, but it's probably always going to be pricier than life in prison. The deterrence factor seems negligible based on all studies. This leaves concepts of retribution (eye for eye) and restitution (compensation to the victims). We clearly disagree on the value of those two aspects of the death penalty, and that's ok.
No. Death penalty advocates generally believe that life is so sacred that the only possible punishment that could equal it is the taking of the life of criminal. There are many of us who would add rape, and child molestation to that list for the same reason, that you have effectively robbed the victim of their life, and that society must show how heinous this crime was, that the only punishment befitting is death. I'm sure not all of us are serious when we're talking explosives etc. but the end result stands.
Its interesting that you added "liberty" to the mix though. What are you trying to argue with that statement, that murderers are getting too severe a sentence with life or otherwise?
If take the concept of retribution as your basis for sentencing, then I can see your point. I'm not sure if I'm able to get past the sheer disconnect that is "Because life is so scared, we have to kill you." I think a better phrasing would be "because life has such a high and irreplaceable value, those that destroy it forfeit their own rights to life." I'm not going to argue against the long term effects of rape, but I'm leery of adding "effectively robbing the victim of life" to the pile of death worthy crimes. Isn't life in prison without possibility of parole effectively robbing the criminal of his life? Again, it becomes a hazy area of drawing boundaries.
I threw in the concept of liberty because most Death Penalty advocates are generally in favor of higher mandatory minimums, three strikes and your out laws, the war on drugs, etc. It was painting a diverse group with a single brush, but given the posts here, I don't' feel totally out of line for assuming many people would consider themselves "tough on crime." I thought I had a point, and I don't think I do. My apologies.
My point isn't to show that the death penalty is bad, or that there are no good arguments for it. I think it was necessary before the modern prison system, and unnecessary now that we can imprison people for life with very, very little chance of escape. I think that it's existence appeals to a primal, dark part of the psyche that craves vengeance. I associate much of the cheer leading for the death penalty as being overly similar to that of a lynch mob. It's pretty clearly just my personal feelings, and I really don't think less of people that support it or anything.
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Post by: Polonius
JohnHwangDD wrote:
I don't think there's ever going to be an absolute 100% when you talk about presenting information to a jury.
But you can get to the point at which alternatives are pretty far-fetched, like a 1-armed man or space aliens or something totally outside of normal human experience.
That is why the standard is "beyond a reasonable doubt" - that is, you need to get a dozen men and women to agree that there aren't any reasonable alternatives besides concluding that the accused committed a capital crime. And that's a fairly high bar. It's not so difficult to convince one or two people, especially if you know them. But a dozen strangers? *Much* harder. Just look at YMDC on Dakka!
In practice, in many areas of the country, it's a lot easier to convict then you think. Keep in mind that virtually all criminal cases (90-95%) are handled by plea bargain. The only cases that go to trial are those that are major cases that aren't slam dunk (like murder cases with sketchy witnesses) or are dependents with money. keep in mind that nearly everybody brought into a courtroom is, in fact, guilty. Everybody knows it in the system.
Still, the jury system works really well. It's a great system, the best available, and I think juries make sound decisions. The only thing I'd take away is the victims impact statements. In many states, in the penalty phase, the jury can hear testimony from the victim's family. I don't see the relevance to the issue (was the crime he was convicted of heinous enough for the death penalty), and I think it minimizes those crimes committed against the lower rungs of society.
The biggest racial disparity in the death penalty that black dependents get it more than white ones (although they do), its' that offenders that kill white people get it more often than those that kill black people. IMO, it shouldn't matter if you rape and kill the mayor's daughter or a crack whore: both should receive the same punishment.
In many ways, I actually respect Texas. For them, the death penalty is neither cruel or unusual. It happens all the time, so it's certainly not unusual, and it's done competently and well, with minimal suffering. They have the honesty to show those executed, and their statements. I think if a state finds that Murder, with Malice aforethought is punishable by death, then it should punish many (if not all) of those murders that way, barring plea bargains and the like.
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Post by: Frazzled
Polonius wrote:
Still, the jury system works really well. It's a great system, the best available, and I think juries make sound decisions. The only thing I'd take away is the victims impact statements. In many states, in the penalty phase, the jury can hear testimony from the victim's family. I don't see the relevance to the issue (was the crime he was convicted of heinous enough for the death penalty), and I think it minimizes those crimes committed against the lower rungs of society.
So you're arguing for less time for crimes including murder?
Whats wrong with victim statements? He's convicted of the crime, but now the sentencing phase occurs. Surely testimony to the impact of what has occurred should be taken into account? After that occurs in civil legislation-why here? Its incredibly relevant wand was put in place in states because there were too many occurrences happening of demonstrably light sentences (also a spur for mandatory sentencing laws).
How does it minimize crimes committed against the lower rungs of society?
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Post by: George Spiggott
How did he get so fat on a prison diet? *goes to check the calorific value of bread and water*
I blame 'the system', he wouldn't be to fat to kill if 'the system' hadn't over fed him.
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Post by: JD21290
life sentance.
spend atleast 5 hours a day exercising.
half food for the rest of his life to ensure this wont happen again.
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Post by: Polonius
jfrazell wrote:
So you're arguing for less time for crimes including murder?
Whats wrong with victim statements? He's convicted of the crime, but now the sentencing phase occurs. Surely testimony to the impact of what has occurred should be taken into account? After that occurs in civil legislation-why here? Its incredibly relevant wand was put in place in states because there were too many occurrences happening of demonstrably light sentences (also a spur for mandatory sentencing laws).
How does it minimize crimes committed against the lower rungs of society?
I'm not sure how you got that I want lighter sentences. In a death penalty case, after a person is convicted, there is a separate penalty phase where the jury then must vote on if the person should be executed. In every other case, the judge makes the ruling, and even in DP cases, the judge can overturn a death sentence. the Jury hears testimony about the murder, about aggravating factors like prior arrests, prior planning, simultaneous crimes, lack of remorse, etc., as well as mitigating factors such as mental illness, coercion, whatever.
A victims impact statement doesn't touch on what happened, how it happened, or why it happened. It generally is about who it happened to, and how it affect them. They're allowed in civil trials because the goal is to determine what the level of damages are. In a criminal trial, it's all about an act and a state of mind, neither of which have any relation to what impact the crime had on a family.
Don't even get me started on mandatory minimums and the stripping of judicial independence. It's a rant for another day. In general, I think that a judge that sees all of the facts and circumstances has a better ability to hand down sentences than a legislature.
A VIS can only work if it shows how awful the crime was. If a prostitute with no family is killed and raped, how will do it? If a well groomed white family speaks eloquently about their loss, isn't' that more effective than a family of immigrants? A jury should be given the facts of the crime, and the facts of the convicted to determine if his culpability reaches the necessary level.
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Post by: sebster
jfrazell wrote:I am not sure about "similar bodies," but as the ACLU has put forth briefs supporting Washington DC's confiscatory position on firearms, and a slew of other interesting things, I'd take that they are defending my rights as incorrect.
I don't think you understand what I'm saying, I probably have expressed myself very clearly.
1) There are a group of people who will argue for gun laws on the basis of needing gun laws to defend them against their own government. When talking about guns, they will base their arguments around personal freedoms being absolute, and will show a considerable distrust of government.
2) These same people will be utterly contemptuous of bodies like the ACLU, who are concerned primarily with protecting the rights of individuals against government. These people will be in favour of most draconian measures taken or desired by their government.
3) Holding both beliefs is really weird. As an example, on another forum a month ago I was talking to this guy in two different threads. In one thread he was talking about how he needed his guns in case his government ever got out of line and took away his freedoms. In the other thread he was defending the wire taps and gitmo and other policies of the Bush admin, not seeing how these were the very abuses of personal freedom he needed his guns to stop.
I wasn't necessarily directing this at you, but it does seem to be a uniquely American phenomenom.
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Post by: JohnHwangDD
Polonius wrote:In practice, in many areas of the country, it's a lot easier to convict then you think. Keep in mind that virtually all criminal cases (90-95%) are handled by plea bargain.
Still, the jury system works really well.
In many ways, I actually respect Texas. For them, the death penalty is neither cruel or unusual.
True. But I imagine it's pretty rare to get someone plead to a capital crime. What's the incentive? They only execute you once?
Totally agreed. It may not be perfect (nothing will ever be), but it's about as good a system as once can imagine, given that it necessarily depends upon people.
The biggest thing is to simply enforce the laws, and then to punish accordingly. The biggest failing is to not punish, or to punish selectively, because then the whole system starts to break down.
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Post by: JohnHwangDD
sebster wrote:I wasn't necessarily directing this at you, but it does seem to be a uniquely American phenomenom.
What? That we're hypocritical or don't think too deeply?
I don't think hypocrisy or shallow thought is uniquely American.
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Post by: sebster
JohnHwangDD wrote:What? That we're hypocritical or don't think too deeply?
I don't think hypocrisy or shallow thought is uniquely American.
Everyone is hypocritical, my own country is certainly no exception.
But this particular bit of hypocrisy seems uniquely American.
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Post by: Mannahnin
I agree with almost everything Polonius (and to some extent Sebster) has posted. Thanks very much.
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Post by: JohnHwangDD
sebster wrote:JohnHwangDD wrote:What? That we're hypocritical or don't think too deeply?
I don't think hypocrisy or shallow thought is uniquely American.
Everyone is hypocritical, my own country is certainly no exception.
But this particular bit of hypocrisy seems uniquely American.
Oh, OK, that's fair.
Of course, the first part is endemic to Americans because we're one of the few countries for which the citizenry actually have the explicit right to personal ownership of guns.
The second part is whereever the government thinks it knows best, so it's rampant throughout the world. For example, the Brits seem to have no concept of non-surveillance - they're perfectly happy to have cameras *everywhere*.
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Post by: grizgrin
JohnDD: Well, I dunno about happy with it. I hear different views on it from different brits I work with, and there are a LOT of them. Some are appreciative of the fact that the surviellance keeps people from just setting gak ablaze at random. Seems the whole yob culture over there, combined with a view on ASBO's by some youth as a badge of honor rather than a notice form authority and government that they are screwing up, is kinda outta control.
Some others are really hacked off by the fact that there is one camera "watching" in the country for every 14 people or so, if their own papers are correct.
Some think that more are needed, some think that less are needed.
Few are happy with the situation as it stands now.
Not too familiar with exactly how much representation John Q. get s in the passage of laws back in blighty. Not too sure how much say they have, nor what had ot be given in order to sacrifice so much freedom.
Certainly not trying to degrade the Brits or their laws and society, but that's just what's come up in my conversations with them. And this is phrased all PC for you guys, because NONE of them would have been NEARLY as nice sounding about it, regardless of their stance. They seem to be people who are pretty stubboorn, and pretty opinionated, and they are fairly blunt. Again, not bad things, but it can take some getting used to if you are not from their culture. It can take some REAL getting used to.
Oh, and John? Don't mind sebster. He just seems to enjoy trolling for Americans. He does it quite a bit. You never see him attacking anyone else, funny that.
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Post by: Polonius
JohnHwangDD wrote:sebster wrote:JohnHwangDD wrote:What? That we're hypocritical or don't think too deeply?
I don't think hypocrisy or shallow thought is uniquely American.
Everyone is hypocritical, my own country is certainly no exception.
But this particular bit of hypocrisy seems uniquely American.
Oh, OK, that's fair.
Of course, the first part is endemic to Americans because we're one of the few countries for which the citizenry actually have the explicit right to personal ownership of guns.
The second part is whereever the government thinks it knows best, so it's rampant throughout the world. For example, the Brits seem to have no concept of non-surveillance - they're perfectly happy to have cameras *everywhere*.
It's hypocrisy, but there's actually a pretty compelling social reason for it. Gun ownership isn't just a an abstract right, it's a fact of life. Most people own a gun (I'm pretty sure), and those that don't usually know somebody that does. It's a continually practiced right, much like say... political speech is. Nobody in the US would stand for the total loss of guns, or political speech, because they are a central component of the culture.
Many of the rights that the ACLU and other civil liberties groups have perused have been at the fringes of the culture. Sure, we like the idea of innocent until proven guilty, and a right not to incriminate yourself, or the right to an attorney; but for most people they're abstract. They don't break the law or get falsely accused of it. The average gun owner is a red blooded american patriot, the average guy getting a public defender or getting interrogated by the cops is a scum bag.
So, while it's hypocritical, a big part of it is just self bias: why worry about rights that you don't use or need (or think you need).
And trust me, Americans get fired up about far more than guns, but we're unique in our zest for them.
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Post by: sebster
JohnHwangDD wrote:Oh, OK, that's fair.
Of course, the first part is endemic to Americans because we're one of the few countries for which the citizenry actually have the explicit right to personal ownership of guns.
The second part is whereever the government thinks it knows best, so it's rampant throughout the world. For example, the Brits seem to have no concept of non-surveillance - they're perfectly happy to have cameras *everywhere*.
Sure, having gun ownership written into the constitution makes the US position a lot different to elsewhere in the world. My source of puzzlement is more to do with being nominally so concerned with personal rights at one point, and so disinterested or condemning of the bodies that really do protect our civil rights.
As grizgrin said, the situation in Britain is a lot more complicated than that. Its driven by government response to tabloid media driving up fears of rising crime and immigration, and despite strong support from Daily Mail readers, there's been plenty of resistance and complaints.
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Post by: sebster
grizgrin wrote:Oh, and John? Don't mind sebster. He just seems to enjoy trolling for Americans. He does it quite a bit. You never see him attacking anyone else, funny that.
When there's conversations about issues in other countries I'll be happy to talk about them. If someone started a thread on the politics and morality of the Chinese Olympics I'd certainly come down as critical on the Chinese government. If someone started a thread on my own country I'd certainly criticise the politically driven immigration policies of the Howard government, or the recent burst of wowserism from the Rudd government. If we were to talk about my home state, I'd be the first to raise the complete lack of talent in any of the major parties, not to mention the bizarre small town mindset... despite having more than a million people in Perth.
And yet, I love my country and am particularly parochial about my home state... despite being able to see and comment on their failings. One of the things I love about America has been it's ability to do the same, personified by the counter-culture movments but having been around for a long time before that. And I say 'one of the things' because I really like American, find it's people friendly and welcoming. It's also an utterly gorgeous, diverse country I really want to travel to in the next few years. In fact, I'm pretty sure I mentioned that last point in the thread on international travel.
Anyway though, thanks for expressing your opinion. Always good to know who'll give you the benefit of the doubt and who'll rush in and call someone an anti-American troll.
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Post by: Frazzled
sebster wrote: If someone started a thread on the politics and morality of the Chinese Olympics I'd certainly come down as critical on the Chinese government.
Sounds like a job opportunity Sebster. Go for it.
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Post by: sebster
jfrazell wrote:Sounds like a job opportunity Sebster. Go for it. 
What does Dakka Dakka pay for starting a thread these days?
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Post by: Frazzled
Twice as much as I get for being a Mod
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Post by: grizgrin
Hey seb.
Actually, I'm not trying to name call, so much as I am making an observation. Possibly a fine line, I admit. Every thread I see you in, you are bashing Americans. Admittedly, I don't see you in a lot of threads, so I guess we don't "hang out" in a lot of the same places. But yeah, where I see you, that's what you are doing.
Given that, what the heck else is a guy to think? Oh sure, I could start searching all your threads, and finding out what the real sebster is about, and attempting thereby to gain a deeper picture of you as a person. However, that's just a bit involved. And researching posters is not what I came to Dakka to do. Researching our games, that's a bit closer to the mark.
I'm sure there's a lot more to you as a person. There would have ot be, otherwise you wouldn't be able to type a post at all. However, I call it like I see it, and that is what I have seen of you. If and when I see more and different material from you, my view will change. Until then, that is what my opinion will remain; in this case a summation of what I have seen.
Enjoy your trip.
A bit more on topic, I heard a quote form somewhere that someone else is almost guaranteed to remember better but I guess that I will throw out there anyway. "If you want to get anything done, you have to be a radical." I find some sense to that, given our society here in the states. We are continually swinging back and forth between extremes of any type of issue. Gun control is a good example, in that some people favor more freedoms regarding them, and others favor taking them all away for reasons of safety. That's a lot of what our society is suppossed to be like, go one direction for a while and then when that is no longer useful, go another. Hopefully we end up more "tacking into the wind" and making some kind of progress rather than "going in circles".
This guy saying he's too fat to execute via lethal injection? I'll be interested to see how it plays out. Personally, I think it's a crap arguem ent, b/c if it was doctors would never be able to operate on the really large, or morbidly obese. There is an anesthesiologist somewhere who can be consulted to provide an opinion on how much ketamine this guy should be able to absorb before he is knocked out. There is a nurse somewhere who can find a vein on this guy. Worst comes to worst, dose him by mouth or by patch. There's all kinds of ways to get around his weight issue without needing to resort to C&U.
And as far as the people here who are arguing that firing squad is the way to go, I'd like to hear form some of the folks in here who have actually pointed a firearm at someone and killed them. First times a doozie, I'd bet, and that would be an opinion I would respecton the topic. Everyone else is just kind of flapping their gums.
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Post by: sebster
grizgrin wrote:Hey seb.
Actually, I'm not trying to name call, so much as I am making an observation. Possibly a fine line, I admit. Every thread I see you in, you are bashing Americans. Admittedly, I don't see you in a lot of threads, so I guess we don't "hang out" in a lot of the same places. But yeah, where I see you, that's what you are doing.
Given that, what the heck else is a guy to think? Oh sure, I could start searching all your threads, and finding out what the real sebster is about, and attempting thereby to gain a deeper picture of you as a person. However, that's just a bit involved. And researching posters is not what I came to Dakka to do. Researching our games, that's a bit closer to the mark.
I'm sure there's a lot more to you as a person. There would have ot be, otherwise you wouldn't be able to type a post at all. However, I call it like I see it, and that is what I have seen of you. If and when I see more and different material from you, my view will change. Until then, that is what my opinion will remain; in this case a summation of what I have seen.
Enjoy your trip.
It's perfectly understandable that you don't really know much about me, I don't remember us crossing paths at all, and no-one should be expected to look up another poster's history just to have a conversation. But I've found if I don't much about a person it's better to give them a little benefit of the doubt, or ask them to clarify something before dismissing them. It makes life a little more pleasant, and means that just sometimes you might end up learning something new, instead of reflexively putting everyone's arguments into little boxes for easy dismissal... 'he's just being anti-American so I won't think about that'.
A bit more on topic, I heard a quote form somewhere that someone else is almost guaranteed to remember better but I guess that I will throw out there anyway. "If you want to get anything done, you have to be a radical." I find some sense to that, given our society here in the states. We are continually swinging back and forth between extremes of any type of issue. Gun control is a good example, in that some people favor more freedoms regarding them, and others favor taking them all away for reasons of safety. That's a lot of what our society is suppossed to be like, go one direction for a while and then when that is no longer useful, go another. Hopefully we end up more "tacking into the wind" and making some kind of progress rather than "going in circles".
That isn't just the nature of US politics, or even just the US or politics. It's just kind of how the world works, we take stuff from all over the place, including the extremes, and we try it. If it works we (generally) keep it, and if it doesn't we (generally) try something else. It's a pretty inefficient way to progress, but without perfect knowledge it's pretty much how things have to be.
And as far as the people here who are arguing that firing squad is the way to go, I'd like to hear form some of the folks in here who have actually pointed a firearm at someone and killed them. First times a doozie, I'd bet, and that would be an opinion I would respecton the topic. Everyone else is just kind of flapping their gums.
Just another argument for death by explosion.
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Post by: JohnHwangDD
In many cases, the exercise of civil rights is zero-sum. For example, if someone wants to make a speech, then they impose their voice upon others. If someone wants to stage a protest march, then that space is not available to others. This is why many would say that those people should shut up and not make so much noise.
In contrast, my owning a gun takes nothing away from you. This is much more personal, so it's much dearer to our hearts. And it's property, so it's *real*! Everybody in America could own a gun, and that would be just fine.
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Post by: JohnHwangDD
grizgrin wrote:Gun control is a good example, in that some people favor more freedoms regarding them, and others favor taking them all away for reasons of safety.
And as far as the people here who are arguing that firing squad is the way to go, I'd like to hear form some of the folks in here who have actually pointed a firearm at someone and killed them.
If people were really serious about banning the first thing would be to ban TVs and cigarettes (heart disease and cancer are the top 2 killers in the US, with about half of all deaths).
"Accidents" are pretty far down after that, and if one were to break those down into things that can be taken away, the ranking of dangerous things would be like this:
1. Automobiles
2. Swimming Pools
3. Firearms
So the idea that firearms are something to be heavily-regulated is wierd to me, given the other things that kill way more people.
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Post by: Frazzled
JohnHwangDD wrote:In many cases, the exercise of civil rights is zero-sum. For example, if someone wants to make a speech, then they impose their voice upon others. If someone wants to stage a protest march, then that space is not available to others. This is why many would say that those people should shut up and not make so much noise.
In contrast, my owning a gun takes nothing away from you. This is much more personal, so it's much dearer to our hearts. And it's property, so it's *real*! Everybody in America could own a gun, and that would be just fine.
Life, liberty, and the pursuit of property. Got to love John Locke.
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Post by: Greebynog
grizgrin wrote:JohnDD: Well, I dunno about happy with it. I hear different views on it from different brits I work with, and there are a LOT of them. Some are appreciative of the fact that the surviellance keeps people from just setting gak ablaze at random. Seems the whole yob culture over there, combined with a view on ASBO's by some youth as a badge of honor rather than a notice form authority and government that they are screwing up, is kinda outta control.
Some others are really hacked off by the fact that there is one camera "watching" in the country for every 14 people or so, if their own papers are correct.
Some think that more are needed, some think that less are needed.
Few are happy with the situation as it stands now.
Not too familiar with exactly how much representation John Q. get s in the passage of laws back in blighty. Not too sure how much say they have, nor what had ot be given in order to sacrifice so much freedom.
Certainly not trying to degrade the Brits or their laws and society, but that's just what's come up in my conversations with them. And this is phrased all PC for you guys, because NONE of them would have been NEARLY as nice sounding about it, regardless of their stance. They seem to be people who are pretty stubboorn, and pretty opinionated, and they are fairly blunt. Again, not bad things, but it can take some getting used to if you are not from their culture. It can take some REAL getting used to.
Oh, and John? Don't mind sebster. He just seems to enjoy trolling for Americans. He does it quite a bit. You never see him attacking anyone else, funny that.
I have to agree with pretty much everything here, and that's coming from a geniune Brit.
I'm one of the many who deplore the mass surveilance in this country, London, where I live, is the most watched city in the world, and there's just no legitimate reason for a lot of it. Our government is currently trying to impose mandatory ID cards on us, with a huge database of information on every citizen to go with it. This would allow the government to easily get data about an entire life, and I for one am so far against it it hurts.
The "yob culture" is a big issue in Britain, but mostly for people completley unnaffected by it, middle class housewives from small, backwater towns. The situation is massivley blown out of proportion in the media, and as such gives the government the ammunition it needs to impose draconian controls.
The problem we have in Britain is a complete apathy towards politics by so many people here, and the lack of a real protest culture like France, for instance. When tuition fees for university students were introduced, where were the riots?
As for being a stubborn bunch, guilty. I think that Brits might appear blunt to an outsider, but we're usually quite hard to offend, and sort of expect that of others, probably unfairly. The sense of humour is unique to Britain too, and I imagine all but indecipherable from abuse to someone unused to it.
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Post by: Phoenix
JohnHwangDD wrote:If people were really serious about banning the first thing would be to ban TVs and cigarettes (heart disease and cancer are the top 2 killers in the US, with about half of all deaths). "Accidents" are pretty far down after that, and if one were to break those down into things that can be taken away, the ranking of dangerous things would be like this: 1. Automobiles 2. Swimming Pools 3. Firearms So the idea that firearms are something to be heavily-regulated is wierd to me, given the other things that kill way more people. I always find it amusing the role media and perception play in things like this. JohnHwangDD here is probably correct in saying that (in the US) more people die due to automobiles and simming pools than to guns. Hummm...lets do some data mining shall we... USA, 2004 (a year I have numbers for both) Firearm related fatalities (including murder, accident, suicide and more) = 29,569 Automotive deaths (including drivers, passengers, pedestrians, etc.) = 38,444 Deaths caused by lightning = 32 The funny thing is how much culture plays into it. Of those firearm related fatalities, just over 1/3 were homicide. So with 11000 murders the US ranks way way up there for violent crime. But are guns really the reason? I always like to compare the US to Switzerland on that issue. In the US, having guns is a right. In Switzerland, having a gun is a requirement (mostly). However, even when you adjust for population, Switzerland's murder rate is 1/5th of that in the US. So obviously there is something else going on here other than just a lot of people with guns. The question is, what is it? I guess people just expect car death since we have a hard time living without them. They just become a necessary evil that ocasionaly kills us. And when it does, we put up flowers and little shrines at intersections where our loved ones die and move on with life. However when someone gets shot, everyone gets up in arms (pun intended). I suppose its because we don't "need" guns like we "need" cars or something like that.
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Post by: Da Boss
One thing about the US is that it is far too big to talk about as one entity. I mean, Detroit (I think it's detroit- that's the place near the canadian border right?) might have a lot of gun deaths, or certain areas of LA, but then head out to Berkley or New Hampshire and there's a lot less.
Switzerland is much smaller, and though fairly culturally diverse in many ways, it is more socially homogenous.
Well, that's what I think anyway. But whenever you look at stats like that it's important to see the wider context rather than simply adjusting for population. Comparing the US and switzerland is not very easy to do because of this.
/geographical stats nerd.
That said, here in Ireland we haven't got many guns and we are ranked quite highly in terms of how free we are in our day to day lives. If Irish people don't like a law being enforced by the government (or the EU) we'll just ignore it en masse. This happened earlier in the year when they tried to introduce new legislation for drivers that would put a lot of people of the roads, and everyone said they would ignore it, the Gardaí said they wouldn't (couldn't) enforce it, and the government had to back down. We're cantankerous bollockses, even without guns.
We're also not under massive amounts of surveilence, have pretty free press, and a lot of political and economic freedom, while still being quite socialist.
(All of that said, Ireland is still a shithole in many respects, with massive tax rates, massive corruption, massive wastage on government projects and a pretty piss poor infastructure for a first world country)
This is a little bit off topic for the debate, but I often see the fallacy that because we don't have guns us Europeans are obviously under the yoke of our oppressive governments, and I wanted to make it clear that this is not always the case.
The brits are all crazy PC anyway, you're not even allowed to smack children over there
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Post by: JohnHwangDD
Yeah, the US averages 40,000 automobile fatalities and around 4,000 drownings annually. My numbers tend to have firearms fatalities floating around 1,000 per year.
I'm surprised that you have 30,000 firearms fatalities per year. That is a huge discrepancy, and I am wondering what your source is.
____
Oh yeah, we're not supposed to smack our children over here, either.
At least, not with anything that leaves marks that can be photographed and entered as evidence in a court of law.
So I'm now wondering if American and British parents ought to be using rubber hoses, or maybe waterboarding...
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Post by: Da Boss
My dad used to boot me up the arse for anything from walking in the yard in my socks to back chat, and it never did me any harm.
Once I tried to fight him when he was drunk, and he punched me in the hip. That was pretty funny. The moral of the story is to never fight a guy who's been 20 years in the Garda Siochána. No guns = resolving all violent situations with sticks and fists = tough bastards.
But now I'm waaaaaaaay off topic.
(I often wonder if yob culture would be as prevailent if you instituted the good old kick in the arse method. But hey, most british folk I meet are lovely people, if a bit under educated in their history  )
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Post by: Redbeard
Polonius wrote:
What bugs me is, as Hordini pointed out, is the casual or even eager way people seem to advocate it. Crime or no crime, I think a state sanctioned termination should be treated solemnly. I also think that far too much of the support for the death penalty comes from the desire to have vengeance. What do you hear after every execution? "Well, now the victims family can have closure." I don't want to minimize the human need for vengeance, or denigrate the grief of the families, but the legal system does not exist for revenge.
I believe in the death penalty for a far more practical reason. As a taxpayer, the idea of putting someone in jail "for life" at a cost of $50k/year strikes me as absurd. The jails are overcrowded, and people are paroled well before they've actually "paid their debt" to society, and the prevalance of repeat offenders seems to show that not everyone is being rehabilitated.
So, I believe the death penalty should automatically apply in two cases:
1) You were sentenced to life in prison. Well, your life just got a lot shorter, and we saved a lot of money and reduced overcrowding the jails for everyone else.
2) You are convicted of anything after having already served one term in jail. Some people never learn, we should cut our losses and spend our time, energy, and money on those who aren't habitual offenders.
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Post by: grizgrin
Greeby: You are the first brit i have met to call that on the yob issue in britain. I appreciate your perspective and opinion, as one who can only get his news on it 2nd hand at best. I must admit most of the sources I have are either a)sensationalist media or b) 50+ yr old white males (narrow demographic sample prob. cotriubtes to narrower range of opinions).
As far as the Brit sense of humor, I'm one of the few Americans I know who actually enjoys it. However, I have learned not to partake myself. But it's fun to listen to, til you get some wettin-his-panties-Nancy-boy with thin skin. Freakin merciless!
I'd have to wonder about Da Boss' child rearing methods and their uutility in addressing the situation. Sounds like he and I are fairly like-minded, albeit I have never had much reason to spank my kids at all. He and I may differ in degree. However, if John and Da Boss are really looking to dodge the bullet in court, then what they are looking for is a phone book for a major metropolitan area, or beating the bottoms of the feet because they don't bruise (Thank you, Charles).
Phoenix: in switzerland gun ownership is (almost) REQUIRED??? I am enthralled. Tell me more about my new favorite place on earth. This sounds better than Disney.
Legislating guns, cigarettes, TV's, and fast food: I don't think they should outlaw any of it, however I think there should be a ridiculous amount of testing done with requirements to make the data easily available on a 8th grade reading level. Clear, concise, complete. Caveat Emptor.
Topic: No, he's not too fat for a bullet. Applied at the right spot, he can't have THAT much fat on him.
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Post by: Squig_herder
Greebynog wrote:He's clearly a monster, I say don't give him the satisfaction of death. Leave him in solitary with *just* enough plain bread to survive for the rest of his life. Much worse.
You dont have to give him the satifaction, give it to me! i'll kill him for you!
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Post by: sebster
JohnHwangDD wrote:In many cases, the exercise of civil rights is zero-sum. For example, if someone wants to make a speech, then they impose their voice upon others. If someone wants to stage a protest march, then that space is not available to others. This is why many would say that those people should shut up and not make so much noise.
In contrast, my owning a gun takes nothing away from you. This is much more personal, so it's much dearer to our hearts. And it's property, so it's *real*! Everybody in America could own a gun, and that would be just fine.
Except there is the counter right of public safety. The freedom to walk down the street without being threatened by the weapons of random nutters. If you want to disagree then you have to argue that everyone has the right to their own Abrams or tactical nuke… unless of course those need to be banned due to the right of the public to a certan level of safety.
It really becomes a case of which rights is greater in individual cases. When talking about the right of an individual to purchase her own howitzer personal safety likely triumps. When talking about the right of the individuals to purchase his own shotgun, the right of gun ownership likely triumphs. Somewhere in between there’s a debate to be had on each case.
But to dress up the argument for gun ownership as purely a matter of freedom with no reduction in any other freedom… it’s just plain wrong.
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Post by: sebster
Redbeard wrote:I believe in the death penalty for a far more practical reason. As a taxpayer, the idea of putting someone in jail "for life" at a cost of $50k/year strikes me as absurd. The jails are overcrowded, and people are paroled well before they've actually "paid their debt" to society, and the prevalance of repeat offenders seems to show that not everyone is being rehabilitated.
So, I believe the death penalty should automatically apply in two cases:
1) You were sentenced to life in prison. Well, your life just got a lot shorter, and we saved a lot of money and reduced overcrowding the jails for everyone else.
2) You are convicted of anything after having already served one term in jail. Some people never learn, we should cut our losses and spend our time, energy, and money on those who aren't habitual offenders.
Hang on, what? A guy gets caught in a break and enter, does his time then a year after release gets caught stealing a purse… and you would kill him?
I mean, there’s hardline, then there’s draconian, then there’s psychotic.
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Post by: sebster
JohnHwangDD wrote:Yeah, the US averages 40,000 automobile fatalities and around 4,000 drownings annually. My numbers tend to have firearms fatalities floating around 1,000 per year.
I'm surprised that you have 30,000 firearms fatalities per year. That is a huge discrepancy, and I am wondering what your source is.
There’s between 800 to 1,000 accidental gun deaths a year. A lot of pro-gun sites will use this figure as the only real gun deaths, arguing that homicide and suicide gun deaths would have occurred by other means anyway. To an extent they have a point, but they’re drawing a long bow in excluding all other deaths. And if they present the 1,000 odd deaths in isolation without pointing out they’ve excluded homicide/suicide deaths they’re being disingenuous, or have been misled by a source that was disingenuous.
Meanwhile, there is around 40,000 gun related deaths in the US each year, once you include homicides and suicides. Type US firearm fatalities into google, you’ll see the numbers repeated a few times on the first page. Note it’s impossible to tell how many of these would have occurred if no gun had been available, but it’s ludicrous to assume they all would have, just as its ludicrous to assume that none would have. It’s also impossible to tell if any proposed gun law would have stopped a person accessing a gun in each case, and it’s ludicrous to assume that all access would have been stopped, just as its ludicrous to assume none would would have.
But there is no doubting the US is an absolute outlier in gun deaths, especially amongst developed nations. I personally put it down more to culture and ineffectual enforcement of existing gun laws than a need for more extensive laws, but I’m by no means an expert.
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Post by: JohnHwangDD
Oh, OK, I wasn't aware that you were counting suicides and homicides.
In that case, do we adjust for DBC and automotive suicide?
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Post by: Ahtman
If we do can we then bring Japan's suicide rates into play as theirs is monstrous and they have more gun control.
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Post by: sebster
JohnHwangDD wrote:Oh, OK, I wasn't aware that you were counting suicides and homicides.
In that case, do we adjust for DBC and automotive suicide?
It's one of those things, as long as you spell out exactly what your number includes and excludes reasoning behind using it you're probably going okay. It's when people just throw out a figure like 1,000 or 40,000 without explaining what it includes and what it doesn't include that we get into trouble. It leads to people comparing swimming pool accidents to gun accidents while happily ignoring the number of firearm related homicides.
Suicides by firearm are generally included because there's a high correlation between gun ownership and suicide. I don't know how much has been done to examine the relationship though, as related factors like living in the country could explain much of the relationship (as people in the country are more likely to have a gun, and are more likely to kill themselves).
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Post by: Hordini
Woah, people in the country are more likely to kill themselves? Mind going into a bit more detail? What are the likely causes, besides a higher likelihood of having a gun?
How big is the difference between their chances and people who live in urban areas?
I would definitely agree that people in the country are more likely to have a gun though.
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Post by: sebster
Hordini wrote:Woah, people in the country are more likely to kill themselves? Mind going into a bit more detail? What are the likely causes, besides a higher likelihood of having a gun?
How big is the difference between their chances and people who live in urban areas?
I would definitely agree that people in the country are more likely to have a gun though.
I don't have a source, I learnt about in a seminar from a guy from BeyondBlue, an Australian non-profit depression group. He was talking about Australia specifically but did seem to imply it's a worldwide thing.
I did a quick bit of googling and found plenty of sites that support the rural/urban divide, but solid numbers are hard to come by. I remember it being statistically significant, but not an order of magnitude or anything.
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Post by: JohnHwangDD
Um, guns don't cause suicide. If anything, suicidal tendencies spur gun purchases that are realized later.
There's a high correlation between the two because guns are merely an efficient tool for killing people. Whether you point it at yourself (suicide) or someone else (homicide), makes little difference.
In the suicide case, when someone gets past the show-off / grab attention stage of cutting across their wrists, it's simply a question of finding a the "right" method. Whether they choose DBC, single-vehicle fatality, jumping, poisoning, or firearm makes little difference - these are all very effective approaches. Having no guns means that they just choose another method. Aside from the amount of pain they suffer and the amount of cleanup they impose on others.
IMO, if one wanted to break the correlation between the guns and suicide, it might be enough to show some documentaries on *failed* suicides.
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Post by: Redbeard
sebster wrote:
Hang on, what? A guy gets caught in a break and enter, does his time then a year after release gets caught stealing a purse… and you would kill him?
Yes. This hypothetical criminal obviously didn't learn from his time in jail. Within a year of release he's out terrorizing innocent people again. On what basis do you believe that this hypothetical person deserves to live in a civilized society? And, if we can't trust him to live among us, why should we pay $50k/year for the rest of his life to support his ass while he's in jail?
I mean, there’s hardline, then there’s draconian, then there’s psychotic.
It's not psychotic, it's practical. There are some people who simply cannot function according to societies rules. What do you do with them? Keep them locked up forever? Ship them to Austrailia? Is it really any worse to condemn someone to a quick death than it is to lock them in a 4"x8" cell for 30 years?
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Post by: Frazzled
Hardcore Redbeard. Me likey.
But be magnanimous - the Three Strikes rule is pretty effective in this regard.
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Post by: Grignard
Ahtman wrote:If we do can we then bring Japan's suicide rates into play as theirs is monstrous and they have more gun control.
One can also argue that you should have a right to do with your life what you will, and if you choose to end it, then a firearm is generally regarded as one of the better methods, and people should have access to that.
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Post by: Redbeard
Depends on the severity of the crime, I supose. Three strikes may be enough for someone stealing purses.
How would you like it to be your wife/girlfriend who was raped by someone after they got out of jail for similar offences twice before?
The right for innocent people not to be victims trumps the rights of criminals in all cases, in my opinion.
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Post by: Lormax
Phoenix wrote:In the US, having guns is a right. In Switzerland, having a gun is a requirement (mostly). However, even when you adjust for population, Switzerland's murder rate is 1/5th of that in the US. So obviously there is something else going on here other than just a lot of people with guns. The question is, what is it?
An armed society is a polite society
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Post by: Frazzled
Agreed. However, I'd posit that one event is not a repeat offender. Now I'm all for sentences that would insure one offense puts him away for a long long time in this circumstance (actually I support execution in this instance).
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Post by: Redbeard
Phoenix wrote:
In the US, having guns is a right. In Switzerland, having a gun is a requirement (mostly). However, even when you adjust for population, Switzerland's murder rate is 1/5th of that in the US. So obviously there is something else going on here other than just a lot of people with guns. The question is, what is it?
The US is an inherently violent society with extremely mixed up priorities. Movies depicting fairly extreme violence are pushed through the rating system, often getting no more than a ' PG' rating, whereas showing a nipple is automatic grounds for an 'R'. The human body is to be shunned, but blowing it apart is ok, and even fun. Violence is glorified in video games as well.
Even the sports in the US tend towards the glorification of violence. American Football (while I'm a big fan of the game) emphasizes violent collisions. Boxing wasn't violent enough, so MMA fills that niche. We even get it though the mindless TV drivel of 'American Gladiators'.
Combine this with disparities in income far greater than in Europe, and you can see why those who are among the 'have nots' often seek to lash out with what they've seen glorified throughout the society.
Other mixed up priorities: The US drinking age is considerably higher than most of Europe, while the driving age is much lower. Rather than treat alcohol as something to be enjoyed in moderation from a young age, it's this forbidden thing that's suddenly available. Rather than treating driving as a privilledge to be earned, it's considered a right. The consequence of this is that the US also has the highest drunk driving rates. You're allowed to (again with the violence) join the military and train to kill other human beings before you're allowed to have a glass of wine with your dinner.
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Post by: reds8n
Da Boss wrote:
The brits are all crazy PC anyway, you're not even allowed to smack children over there 
 err.... wrong
oh this might be of interest Prior to 1998, British parents were afforded the right to use “reasonable chastisement” to discipline their children but the subjective term “reasonable” was never well explained. In September of that year, the European Court of Human Rights decided that this law did not adequately protect children’s rights and so the Children’s Act of 2004 sought to clarify the laws surrounding smacking. Under Section 58 of the Act, smacking remains legal as long as it does not cause visible bruises, grazes, scratches, swelling or cuts. As of June 2007, these conditions provoked a Ministerial review of Section 58 of the Children’s Act with some Ministers again calling for an outright ban on smacking children. Scotland operates some smacking bans, and strict definitions of “reasonable” punishments. The Northern Ireland Commissioner for Children and Young People is seeking a full and outright ban on smacking children.
Again this is one of those cases which is pretty much blown out of all proportion by both sides of the media. It's another one of those laws that will get dragged up every now and again when someone somewhere.
That said... · Since Sweden banned smacking a decade ago child deaths at the hands of parents have fallen to zero. In Britain they run at one a week. Smacking has been banned in 12 European countries in the past 30 years.
· The British government has refused to move from its position that parents should be allowed to use "reasonable chastisement".
· Children's charities point out that hitting someone over the age of 18 could put the assailant in court. Hitting a child is perfectly lega
So.. eventually it will in all likelihood become illegal.. throughout the whole of Europe anyway.
....... When it happens I guess it would be a good time to buy shares in manufacturers of green card perhaps ?
[/hijack]
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Post by: Phoenix
JohnHwangDD wrote:I'm surprised that you have 30,000 firearms fatalities per year. That is a huge discrepancy, and I am wondering what your source is.
It was from the Center for Disease Control. I'm having trouble finding the article I used before, but here is one with data from the 90's. Death rates haven't changed all that much.
http://www.libraryindex.com/pages/194/Guns-Injuries-Fatalities.html
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Post by: Phoenix
Redbeard wrote:I believe in the death penalty for a far more practical reason. As a taxpayer, the idea of putting someone in jail "for life" at a cost of $50k/year strikes me as absurd. The jails are overcrowded, and people are paroled well before they've actually "paid their debt" to society, and the prevalance of repeat offenders seems to show that not everyone is being rehabilitated.
I think that we could learn a good lession from south east Asia. I'd like to see caining introduced as a form of punishment. Not only does a good horse whipping seem to straighten out people (particularly the ones guilty of soft crimes like embezelment) but its a whole heck of a lot cheaper than maintaining prisons. If we put in a system like that, all the petty crime that gets people less than a year in prision can just go to caining and be done in a day. No fus, no mus, and a heck of a lot cheeper. In the end though, we'll still need some prisions to keep the really nasty ones off the streets. The problem with all of this is that a huge political road block will be put up and the ones who are going to be spear heading it are going to be construction companies and the prison guard union (both of which have huge loby power).
So, I believe the death penalty should automatically apply in two cases:
1) You were sentenced to life in prison. Well, your life just got a lot shorter, and we saved a lot of money and reduced overcrowding the jails for everyone else.
2) You are convicted of anything after having already served one term in jail. Some people never learn, we should cut our losses and spend our time, energy, and money on those who aren't habitual offenders.
While 1 sounds great, 2 sounds like a problem. In California, we had what was called the 3 strikes law. What it did was that if you were ever convicted 3 times for anything, you went to jail for life. The problem was that without further clarification, people would get life for 3 counts of shop lifting, or counts of not paying their parking tickets or other very petty things like that. So while I'm down for getting rid of the people that can't function in society and don't have the sense to leave it, I'm also not interested in executing teenagers that show up in court with one count of J-walking and 1 for truancy.
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Post by: Phoenix
Grignard wrote:One can also argue that you should have a right to do with your life what you will, and if you choose to end it, then a firearm is generally regarded as one of the better methods, and people should have access to that.
Again in my pro-death stance, I'm all for doctor assisted suicide. Dr. Kevorkian is now out of jail and still preaching for the cause. And while I'm certain that most doctors are not going to be interested in doing that sort of "procedure", there are obviously some that will, so I think it would be a good thing. They'll just need to standardize the procedure and put in appropriate paperwork.
Of course, I guess the negative side effect is that Hot Topic will go out of business once all their clientele are gone, but it’s a small price to pay.
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Post by: JohnHwangDD
Phoenix wrote:I think that we could learn a good lession from south east Asia. I'd like to see caining introduced as a form of punishment. Not only does a good horse whipping seem to straighten out people (particularly the ones guilty of soft crimes like embezelment)
Um, SEA isn't the only place where they do this. Sharia-based places penalize with strokes of the lash. And they aren't afraid to give hundreds of strokes as penalty. ____ Now if you could order a few thousand strokes for a child molestation, that would be OK. I think a group of strong guys could easily whip and cane a man to death.
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Post by: Phoenix
JohnHwangDD wrote:Phoenix wrote:I think that we could learn a good lession from south east Asia. I'd like to see caining introduced as a form of punishment. Not only does a good horse whipping seem to straighten out people (particularly the ones guilty of soft crimes like embezelment)
Um, SEA isn't the only place where they do this.
Sharia-based places penalize with strokes of the lash. And they aren't afraid to give hundreds of strokes as penalty.
____
Now if you could order a few thousand strokes for a child molestation, that would be OK. I think a group of strong guys could easily whip and cane a man to death.
The whole idea (or at least my version) is that it can be used as a way to get though lesser offences where fines are not enough but jail time is too expensive. Its sort of a middle ground. From the research I've done on the subject, the wet bamboo method is very effective. So much so that they limit the number of strokes a prisioner can be given to something like 10. More that that and you risk killing them. Using whips tends to be about as painful from what I understand, but the damage is shoter lasting and people can take more at once (hence people being given hundreds...or perhaps that's their death penalty). All in all, the plan wouldn't really apply to child molestation cases since most of those would end up being long term prison sentences anyway.
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Post by: JohnHwangDD
Phoenix wrote:JohnHwangDD wrote: Sharia-based places penalize with strokes of the lash. And they aren't afraid to give hundreds of strokes as penalty. Now if you could order a few thousand strokes for a child molestation, that would be OK. I think a group of strong guys could easily whip and cane a man to death.
The whole idea (or at least my version) is that it can be used as a way to get though lesser offences where fines are not enough but jail time is too expensive. Its sort of a middle ground. From the research I've done on the subject, the wet bamboo method is very effective. So much so that they limit the number of strokes a prisioner can be given to something like 10. More that that and you risk killing them. Using whips tends to be about as painful from what I understand, but the damage is shoter lasting and people can take more at once (hence people being given hundreds...or perhaps that's their death penalty). All in all, the plan wouldn't really apply to child molestation cases since most of those would end up being long term prison sentences anyway.
Just penalties can be fines and imprisonment, adding corporal punishment would allow for fines, lashes, strokes, and imprisonment. ____ If a child molester is subject to long term imprisonment, then 10 strokes and 100 lashes each day for the rest of his life isn't a bad thing to tack on.
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Post by: Grignard
Phoenix wrote:Grignard wrote:One can also argue that you should have a right to do with your life what you will, and if you choose to end it, then a firearm is generally regarded as one of the better methods, and people should have access to that.
Of course, I guess the negative side effect is that Hot Topic will go out of business once all their clientele are gone, but it’s a small price to pay.
Zing! Ouch.
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Post by: Grignard
Polonius wrote:
There are actually no legal grounds for the family of the victims to sue the state. There's a certain myth that families of victims of violent crime have legal rights. They actually don't, at least not in the criminal sphere. You can sue the guy in civil court for wrongful death (like happened to OJ), but a criminal trial is between the State and the Defendant. The reason for this is to eliminate revenge killings and honor duels and all that nonsense. Killing anybody, regardless of station, is a crime and the state will prosecute.
I'm pretty ambivalent about the death penalty. I think the state has the right to kill those that are dangerous, and I think modern courts are getting better (although still pretty bad) at convicting the right people. I'm not sure that it's necessary any more, what with modern prisons and the like, but I understand that the option belongs on the table. What bugs me is, as Hordini pointed out, is the casual or even eager way people seem to advocate it. Crime or no crime, I think a state sanctioned termination should be treated solemnly. I also think that far too much of the support for the death penalty comes from the desire to have vengeance. What do you hear after every execution? "Well, now the victims family can have closure." I don't want to minimize the human need for vengeance, or denigrate the grief of the families, but the legal system does not exist for revenge.
You know Polonius, I bet you were on the debate team in high school, because I'm not sure I've seen a post on the internet or listened to a conversation that made me think more about the issue being discussed. I mean you've brought up both sides of the capital punishment issue, one which makes me want to be the executioner, the other the one that absolutely freaks me out about it. I tried to respond at work, actually, but something bugged with I.E. ( I'm trying to get the State of Tennessee to go to Firefox, good luck with that).
First off, I disagree with you on the concept of dueling. What is more barbaric, two gentlemen settling an argument privately, or a modern state that marches unwilling conscripts into the mouths of cannon and machineguns. Not all encounters of this sort are lethal, it all depends on the nature of the offense. I think you'd find that historically, many things like this were resolved by the seconds, and never came to an encounter, unlike what the movies say. Would the world not be a better place if nations at war elected champions to fight their battles? Perhaps the United States should have taken that Iraqi dude up on his offer, is what I think. Regardless, I'm not going to say what exactly would happen, but someone who does something like that to those I care about had best look for the lowest and hardest of cover.
That said, it spooks me the way people advocate the state ending lives. The way capital punishment is done in this country frankly spooks me, I dont know a better word for it. I find the concept of creating machines to facilitate the seperation of the killer from killing to be simply weird. I can't in good conscience advocate the use of a dehumanizing device, the real purpose of which is to separate the killer from the victim and has nothing to do with the welfare of the prisoner being executed. I believe that if you're going to kill someone, you need to use a weapon, and look them in the face while you do it. In the US we often criticize certain middle eastern governments for the "crude" punishments, particularly capital punishments, used on criminals. I honestly think a man willing to behead a criminal is more civilized than someone willing to push a button and end a life.
Polonius wrote:Lormax wrote:For those of you against it, would you all be singing the same tune if that was your daughter, or wife, that was raped and murdered by this guy?
First off, I'm not sure very many people have spoken against the death penalty per se, only it's application. In fact, my argument was essentially that your hypo above should NOT be the factor used to determine who gets executed. Of course if somebody killed my fiance I'd want them to suffer. I'd want it to be cruel, I'd want it to be unusual, and I wouldn't give a crap about their rights. I would want revenge, and I'd want to take it out on somebody.
And then I'd stop, and I'd realize it wouldn't make me happier, or more content. She'd still be dead, and I'd have seen an ugly side to myself. God willing, I don't have to encounter that, but I would like to think that I wouldn't want to kill the murder. This isn't a legal or political argument that I'm going into, just a personal bit of, I dunno, philosophy. I'm a big believer in the concept of redemption (similar but distinct from salvation). I was raised Catholic, and while I don't practice much any more, I'm still a believer in the idea that belief in the divine must be combined with good works. It's not really a recognized part of it, but I'm firmly of the belief that no matter how awful you are, no matter what you've done, it is always possible to redeem yourself through actions. Because of this belief, on a personal level, I would have a hard time advocating for somebody to die. If they've confessed to the crime and have sought forgiveness, I believe I should accept it. If they refuse, I think they should be given the time to redeem themselves. Please understand, I'm not trying to sell anybody on my ideas here. I'm just trying to explain what it'd do in that situation.
You may not practice, but you definitely follow Judeo-Christian morality. I respect your beliefs, and honestly I think you have the right idea, but its not going to work for me. I'm not a believer, and if someone did something like that to my family or friends, well, I would make sure my smiling face is the last thing they would see, and the state would have nothing to do with it. That is why I can never understand why so many people who profess Christian faith in this country are pro-death penalty, while from what I understand ( while not a particularly religious person, I have a decent knowledge of scripture ) Jesus pretty much says that sort of thinking is wrong-headed. Somewhat related, I find it entertaining when I hear atheists who are against the death penalty on a moral basis.
Polonius wrote:jfrazell wrote:Why not? if the State were thinking rationally most criminals would be neutered and "put down" due to high recidivism rates. If not put down the whole "penal regiment" rears its ugly head. if the State is corporate then these would be the cancer cells rampagig and harming noncancerous productive cells. Those cells are dealt with for the survival of the corporate body, not rehabilitated.
Why not? Well, simply because that's the opposite of how the US was founded, I guess. The power of the state over the individual should be tempered. All that stuff about 10 guilty men going free before 1 innocent is punished. Criminals aren't cancer cells, they're not rabid dogs, and they're not monsters. They're people that have made bad choices, and should be punished for those choices, but they are still humans.
I want to steer clear of Goodwin's law, but what you advocate is a central tenant of most totalitarian, and yes, fascist regimes. The elimination of those that offend the state sounds great as long as everybody agrees on what is offensive. Slippery slope arguments are weak, but governments almost always gain power, not lose it over time.
I see Jfraz's argument, and I'm absolutely shocked to hear that from him. I am also completely aware that various totalitarian systems on both the left and right political axis have expressed that. What can I do *shrug*?
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Post by: sebster
Redbeard wrote:Yes. This hypothetical criminal obviously didn't learn from his time in jail. Within a year of release he's out terrorizing innocent people again. On what basis do you believe that this hypothetical person deserves to live in a civilized society? And, if we can't trust him to live among us, why should we pay $50k/year for the rest of his life to support his ass while he's in jail?
It's not psychotic, it's practical. There are some people who simply cannot function according to societies rules. What do you do with them? Keep them locked up forever? Ship them to Austrailia? Is it really any worse to condemn someone to a quick death than it is to lock them in a 4"x8" cell for 30 years?
You're declaring people are incapable of following society's rules after two offences. I personally know three people who would be dead under your plan, all of whom are currently productive members of society.
I don't know, maybe you're taking the piss here, maybe you haven't really thought it through, or maybe you haven't met a lot of the people who've been locked up a few times, or maybe you really want to kill more people. But what you're talking about is beyond Stalinism, maybe a small step behind Pol Pot.
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Post by: sebster
JohnHwangDD wrote:Um, guns don't cause suicide. If anything, suicidal tendencies spur gun purchases that are realized later.
That's speculation stated as fact. There may be some truth in it, it may be one of the causes of the correlation, just as there being more guns in the country is. But it's completely wrongheaded to assume it's the definitive (and only) cause).
There's a high correlation between the two because guns are merely an efficient tool for killing people. Whether you point it at yourself (suicide) or someone else (homicide), makes little difference.
In the suicide case, when someone gets past the show-off / grab attention stage of cutting across their wrists, it's simply a question of finding a the "right" method. Whether they choose DBC, single-vehicle fatality, jumping, poisoning, or firearm makes little difference - these are all very effective approaches. Having no guns means that they just choose another method. Aside from the amount of pain they suffer and the amount of cleanup they impose on others.
IMO, if one wanted to break the correlation between the guns and suicide, it might be enough to show some documentaries on *failed* suicides.
I'm not sure there's much value in focusing on gun suicide and trying to stop that, compared to trying to stop suicide at large. But this is all getting a long way from the point, earlier you said there were around 1,000 gun fatalites in the US each year, when there's actually around 40,000.
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Post by: Frazzled
Grignard wrote:
I see Jfraz's argument, and I'm absolutely shocked to hear that from him. I am also completely aware that various totalitarian systems on both the left and right political axis have expressed that. What can I do *shrug*?
As I said I was taking someone else's argument to its logical extreme. Its not what I'm advocating.
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Post by: reds8n
Grignard wrote:You may not practice, but you definitely follow Judeo-Christian morality. I respect your beliefs, and honestly I think you have the right idea, but its not going to work for me. I'm not a believer, and if someone did something like that to my family or friends, well, I would make sure my smiling face is the last thing they would see, and the state would have nothing to do with it. That is why I can never understand why so many people who profess Christian faith in this country are pro-death penalty, while from what I understand ( while not a particularly religious person, I have a decent knowledge of scripture ) Jesus pretty much says that sort of thinking is wrong-headed. Somewhat related, I find it entertaining when I hear atheists who are against the death penalty on a moral basis.
The frequent crossover between hard right Christians and pro-death penalty is a frequent source of wonderment this side of the pond. I guess as a society we're much less religious than the majority of the states-- if pushed most people profess some vague form of faith that they seem to half remember from school and have combined with various bits of new age and "alternative" thinking it seems-- if you go to a church regularly you are, being honest here, generally either A: elderly or B: viewed as a bit of a weirdo. NO sledging attempt there I assure you. I live in a cathedral city, one could argue the most important cathedral for the CoE, and I don't know anyone who goes to church on anything like a regular basis. Amongst my peer group none of us are baptised or christened.
I know it might seem weird with our House of Lords etc, but frankly the amount of power, even it is based on $s alone the church seems to wield stateside seems most peculiar and outright alien to me/us.
Oh... just to clarify : You're not claiming that atheists can't make or claim decisions on a moral basis are you ? Surely you're not saying that morality is pointless/needless without god/gods ?
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Post by: Frazzled
The argument is that life is sacred. Therefore capital punishment is our ultimate statement that life is sacred, and the only appropriate punishment possible.
Red8N: Can atheists be moral? This is whole other and interesting thread (again posting opportunity). I'm not saying they can't - its a philosophy and real life question.
The only avowed atheists I've met personally have been clinical level narcissists that didn't care a wit for anyone except themselves, including their own children (I mean clinical as in determined by psychiatrists). The only big ones I've seen were Hitler (who can be argued might have been an occultist) and the great communist killers who were highly adapt at being amoral (Stalin, Pol Pot, Chairman Mao, Lenin).
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Post by: reds8n
jfrazell wrote:The argument is that life is sacred. Therefore capital punishment is our ultimate statement that life is sacred, and the only appropriate punishment possible.
Indeed, but surely then one should leave such a monumental decision to God and.. well... turn the other cheek etc etc yes ? I guess it's really no different than the way that anyone "cherry picks" parts of their own morality to try and interpret the world in which we live. Guess it makes more sense than the Catholic church's stance on contrcaeption anyway.
*takes hint about second point* Sorry, my bad.
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Post by: Frazzled
I don't think its cherry picking. The new testament doesn't say don't judge, it says (basically) you have to be without sin yourself if you are going to do so. It also says, do not murder. Capital punishment is not murder and is thus kosher  I can understand the more "peacenicky" view you're espousing that Christians should have as well as it also has strong roots and interpretations.
Actually the C church's stance is pretty straightforward in the theory. All human life is sacred. human life begins at conception (but does not exist in exigent parts akak organs or fingers). Therefore all babies/zygotes/fetuses are human life and therefore sacred. You can agree or disagree but its pretty straightforward.
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Post by: Polonius
Grignard wrote:
You know Polonius, I bet you were on the debate team in high school, because I'm not sure I've seen a post on the internet or listened to a conversation that made me think more about the issue being discussed. I mean you've brought up both sides of the capital punishment issue, one which makes me want to be the executioner, the other the one that absolutely freaks me out about it. I tried to respond at work, actually, but something bugged with I.E. ( I'm trying to get the State of Tennessee to go to Firefox, good luck with that).
First off, I disagree with you on the concept of dueling. What is more barbaric, two gentlemen settling an argument privately, or a modern state that marches unwilling conscripts into the mouths of cannon and machineguns. Not all encounters of this sort are lethal, it all depends on the nature of the offense. I think you'd find that historically, many things like this were resolved by the seconds, and never came to an encounter, unlike what the movies say. Would the world not be a better place if nations at war elected champions to fight their battles? Perhaps the United States should have taken that Iraqi dude up on his offer, is what I think. Regardless, I'm not going to say what exactly would happen, but someone who does something like that to those I care about had best look for the lowest and hardest of cover.
That said, it spooks me the way people advocate the state ending lives. The way capital punishment is done in this country frankly spooks me, I dont know a better word for it. I find the concept of creating machines to facilitate the seperation of the killer from killing to be simply weird. I can't in good conscience advocate the use of a dehumanizing device, the real purpose of which is to separate the killer from the victim and has nothing to do with the welfare of the prisoner being executed. I believe that if you're going to kill someone, you need to use a weapon, and look them in the face while you do it. In the US we often criticize certain middle eastern governments for the "crude" punishments, particularly capital punishments, used on criminals. I honestly think a man willing to behead a criminal is more civilized than someone willing to push a button and end a life.
I actually wasn't on the debating team, although I earned my BA in philosophy and I'm in my third year of law school, so I've had some training in analyzing an issue and stating an assertion. I had a professor who once taught us, "The more certain you are in your stand on a complex issue, the less you know about it." It's very true, the more you think about the Death Penalty, Abortion, Affirmative Action, etc. the more the issues become exceedingly murky. In a bit of a tangent, I'd read somewhere that explained that this phenomenon is the reason for the weakening of the American Liberal/Progressive movement in the late 70s. The war in Vietnam was bad, racism was bad, basic environmentalism was good. These were simple ideas. Gun Control, Global Warming, Free Trade: these are incredibly complicated. Just a note.
I'm really not sure where you got dueling from, but it's an interesting point. I'm libertarian enough to say that Dueling laws might be unnecessary. I know that historically, a duel had to be canceled if the offending party apologized or made suitable restitution, and actual duels to the death were very rare in this country. I'd disagree with the assertion that duels were ever a proxy for war. Possibly in ancient Greece, but it's hard to imagine any country under economic and internal pressure conceding because of a duel, but YMMV.
I guess I'd also point out that duels are not honor killings. Duels were a means for resolving points of honor between gentlemen, a category to which very few murders and rapists would belong. I realize that people want personal vengeance, and I see why the want the state to get it for them (if the state stops you from killing them, they should do it themselves, right?). It's a transference that the state doesn't want: its' job is to exact justice on the perp, up to and including protecting him from you. The rule of law can be a bitch at times, but it prevents every suburb from turning into Tikrit.
Polonius wrote:Lormax wrote:For those of you against it, would you all be singing the same tune if that was your daughter, or wife, that was raped and murdered by this guy?
First off, I'm not sure very many people have spoken against the death penalty per se, only it's application. In fact, my argument was essentially that your hypo above should NOT be the factor used to determine who gets executed. Of course if somebody killed my fiance I'd want them to suffer. I'd want it to be cruel, I'd want it to be unusual, and I wouldn't give a crap about their rights. I would want revenge, and I'd want to take it out on somebody.
And then I'd stop, and I'd realize it wouldn't make me happier, or more content. She'd still be dead, and I'd have seen an ugly side to myself. God willing, I don't have to encounter that, but I would like to think that I wouldn't want to kill the murder. This isn't a legal or political argument that I'm going into, just a personal bit of, I dunno, philosophy. I'm a big believer in the concept of redemption (similar but distinct from salvation). I was raised Catholic, and while I don't practice much any more, I'm still a believer in the idea that belief in the divine must be combined with good works. It's not really a recognized part of it, but I'm firmly of the belief that no matter how awful you are, no matter what you've done, it is always possible to redeem yourself through actions. Because of this belief, on a personal level, I would have a hard time advocating for somebody to die. If they've confessed to the crime and have sought forgiveness, I believe I should accept it. If they refuse, I think they should be given the time to redeem themselves. Please understand, I'm not trying to sell anybody on my ideas here. I'm just trying to explain what it'd do in that situation.
You may not practice, but you definitely follow Judeo-Christian morality. I respect your beliefs, and honestly I think you have the right idea, but its not going to work for me. I'm not a believer, and if someone did something like that to my family or friends, well, I would make sure my smiling face is the last thing they would see, and the state would have nothing to do with it. That is why I can never understand why so many people who profess Christian faith in this country are pro-death penalty, while from what I understand ( while not a particularly religious person, I have a decent knowledge of scripture ) Jesus pretty much says that sort of thinking is wrong-headed. Somewhat related, I find it entertaining when I hear atheists who are against the death penalty on a moral basis.
Well, I try to practice the morality, I'm not always successful :S I would never expect any person to copy my view, it's my belief and it works for me.
As for Christian Churchs that support the Death Penalty, well, it's not entirely impossible, although the theological argument is similar to the YMTC line of reasoning that Terminators don't have terminator armor. In short, there are a few verses (Romans 13:3-4 in particular, and some old testament stuff) that seem to allow it, and four gospels whose central point is to forgive and be merciful. I'd argue that even the Roman's verse was written at a time when the state had little interest in imprisoning people for life (although it did sell them into slavery), and that the "wrath of the sword" doesn't have to be fatal anymore. The main churches that support the death penalty are more fundamentalist, more conservative, and generally more southern. They serve people that by huge margins support the death penalty, and while I'd never accuse a church of altering it's theology to gain popularity, it hasn't hurt their cause. In a parting shot, I'd like to remind those churches that the verses that allow them to support executions also insist that christians pay taxes and support the government.
As for aetheists, I dont' think it's at all unusual that a secular humanist would oppose the death penalty (in fact I'm not sure I've met anyone that hasn't). As Jfrazzel points out, life is sacred. He believes that life is so sacred taking it can only be punished by the perp losing his own. Another ( IMHO more viable) train of thought is that life is so sacred that even those that destroy are still, in themselves, living humans, and there is no action that could strip a persons unalienable right to live. Not all atheists (or agnostics) think this way, Ayn Rand herself was pro death penalty, and one of her Characters in Atlas Shrugged simply kills a person "because he wasn't human enough."
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Post by: reds8n
jfrazell wrote:I don't think its cherry picking. The new testament doesn't say don't judge, it says (basically) you have to be without sin yourself if you are going to do so. It also says, do not murder. Capital punishment is not murder and is thus kosher  I can understand the more "peacenicky" view you're espousing that Christians should have as well as it also has strong roots and interpretations.
Respectfully, I do think that's cherry picking, although given the somewhat contradictory nature of the the bible in parts that is understandable. I'll admit Paul is the one who pretty much waters down/integrates ( take your pick) Christianity and made it much more acceptable to the powers that were. However to my mind the new testament, at least the bits with Jesus in, seem quite clear with regards to this sot of thing. That said they were pretty much expecting the return and the apocalypse pretty much any second then so I suppose we have to take that into account.
Actually the C church's stance is pretty straightforward in the theory. All human life is sacred. human life begins at conception (but does not exist in exigent parts akak organs or fingers). Therefore all babies/zygotes/fetuses are human life and therefore sacred. You can agree or disagree but its pretty straightforward.
I don't disagree with that, but seeing as the purpose of contraception is to prevent the "divine spark" from rooting in the first place, I see contraception at least-- abortion is clearer I'll grant you-- as being no more "wrong" than celibacy.Seeing as, at least as far as I understand it, the celibacy aspect of the priesthood was only really added years, if not centuries later, and given what we now know about the spread of things like STDs, and given the recent welcome and special rules they extended to defecting married CoE priests, I find their lack of movement on this stance quite baffling. They changed the papal infallibility and the world didn't shatter.
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Post by: Frazzled
Oh sorry, didn't see you were discussing contraception.
Again, this is my understanding of C policy (not C myself so don't hold against me). I thinnnkkkk...that the position is that most types actually mess with the fertilized egg-which under doctrine is now life-hence bad. But again I don't really understand the structure of the argument on this aspect very well, and know some of it can be a bit convoluted.
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Post by: JohnHwangDD
jfrazz - the reason the argument is difficult is because non-expert religious people are trying to impose religion upon science.
This nearly always fails in the same way as decreeing the Earth to be flat, or at the center of the universe.
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Post by: Greebynog
JohnHwangDD wrote:jfrazz - the reason the argument is difficult is because non-expert religious people are trying to impose religion upon science.
This nearly always fails in the same way as decreeing the Earth to be flat, or at the center of the universe.
Zing! John, I know we've disagreed before (probably unnecessarily on my part), but that's bang on. The single biggest wrong the catholic church does is telling people in AIDs ridden countries not to use condoms.
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Post by: sebster
jfrazell wrote:The argument is that life is sacred. Therefore capital punishment is our ultimate statement that life is sacred, and the only appropriate punishment possible.
Red8N: Can atheists be moral? This is whole other and interesting thread (again posting opportunity). I'm not saying they can't - its a philosophy and real life question.
The only avowed atheists I've met personally have been clinical level narcissists that didn't care a wit for anyone except themselves, including their own children (I mean clinical as in determined by psychiatrists). The only big ones I've seen were Hitler (who can be argued might have been an occultist) and the great communist killers who were highly adapt at being amoral (Stalin, Pol Pot, Chairman Mao, Lenin).
If you've met no more than few atheists in your life you're either nine years old or you really need to get out more. There's quite a lot of us out there.
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Post by: JohnHwangDD
Yes, but we tend not to broadcast it. We aren't so insecure that we need to wear our religion (or lack thereof) on our shirtsleeves. Or around our necks. So it makes it difficult for a lot of people.
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Post by: sebster
JohnHwangDD wrote:Yes, but we tend not to broadcast it. We aren't so insecure that we need to wear our religion (or lack thereof) on our shirtsleeves. Or around our necks. So it makes it difficult for a lot of people.
Yeah, that's pretty much what I was getting at, albeit in a pretty obtuse way.
We also tend not to advertise it because so many folk feel its an invitation to debate our beliefs, and that can get really tiring after a while. This is something we share in common with Christians, funnily enough.
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Post by: Frazzled
JohnHwangDD wrote:jfrazz - the reason the argument is difficult is because non-expert religious people are trying to impose religion upon science.
This nearly always fails in the same way as decreeing the Earth to be flat, or at the center of the universe.
1. According to my boy you're right. HE's the center of the universe and coolest kid in (soon to be) 8th grade. Yep, no self esteem issues there
2. The earth isn't flat? Oh  ...
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Post by: Frazzled
Greebynog wrote:JohnHwangDD wrote:jfrazz - the reason the argument is difficult is because non-expert religious people are trying to impose religion upon science.
This nearly always fails in the same way as decreeing the Earth to be flat, or at the center of the universe.
Zing! John, I know we've disagreed before (probably unnecessarily on my part), but that's bang on. The single biggest wrong the catholic church does is telling people in AIDs ridden countries not to use condoms.
Wo the horsey there Jonesy. I was trying to describe what I think is the reasoning behind the C Church's stance on birth control. I'm not Catholic. I don't care. Just trying to bring enlightenment to you great unwashed masses
To the other topic-ayah I'm only describing the self avowed atheists I've met. On the flip side I don't go around wearing "Jesus freak" on my arm either.
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Post by: JohnHwangDD
jfrazell wrote:To the other topic-ayah I'm only describing the self avowed atheists I've met. On the flip side I don't go around wearing "Jesus freak" on my arm either.
From a driving standpoint, there are very few in-your-face atheists. But there are a lot more in-your-face Christians.
At least if you count Darwin animals vs. Jesus fishes and NotW stickers (where the  did *that* come from?)
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Post by: Ahtman
NotW?
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Post by: Arctik_Firangi
I wish I was fat.
Just because I want to die at low altitude from a powerful explosion, and I'll rain down upon the streets...
EDIT: I need a deffkopta
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Post by: Greebynog
Anyone seen The Thin Blue Line? I watched it last night, it's pretty revealing.
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Post by: JohnHwangDD
Ahtman wrote:NotW?
Not of this World - sometimes they spell it out.
I see this as a sticker on a lot of cars. The O is like a halo, and the T is a cross.
It's definitely X-ian because of the imagery and correlation with Jesus fishes, but beyond that, I can't say.
I definitely like the Darwin animals though. They warm my heart.
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Post by: Ahtman
Wow that is lame.
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Post by: Hordini
JohnHwangDD wrote:I definitely like the Darwin animals though. They warm my heart.
Yeah, nothing says heartwarming like ripping off a religious symbol and modifying it to mock the religion's followers. It shows so much class, too.
Someone should open a heartwarming little store where they can sell those Darwin fish with legs along with dildo crosses and pictures of Muhammad. There's probably one somewhere already.
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Post by: JohnHwangDD
When a religion consistently goes "full slow", they deserve what they get. That is, if religion doesn't prevent their followers from acting like 'tards, then they should be treated like the 'tards they demonstrate themselves to be.
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Post by: dogma
JohnHwangDD wrote:When a religion consistently goes "full slow", they deserve what they get.
That is, if religion doesn't prevent their followers from acting like 'tards, then they should be treated like the 'tards they demonstrate themselves to be.
Um, what? That is absolutely equivalent to saying "Because a black man shot my father all black men are evil." That type of thinking is exactly the reason fundamentalists are gaining more power in the world. The failure to understand and compromise simply serves to generate greater polarization of perspectives; people take sides and stop settling issues with words, and start settling them with bullets.
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Post by: JohnHwangDD
Right, that's what I meant.
We should kill all the Christians. :S
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Post by: dogma
You should really learn to speak more precisely. Because it very much sounds as though you are trying to hold all members of a given religion accountable for the actions of a small segment of their population.
Stereotypes are never a good way to determine the type of treatement which any specific group deserves (which is itself a logically deficient concept), as they inevitably reflect only the most vocal elements of that group.
Also, at no point did I suppose that you meant to advocate the extermination of Christians. Rather, I meant to critique your assumption that the members of a given faith are somehow responsible for the actions of one another. You seem to have ignored this point. I'm curious as to why?
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Post by: SlaveToDorkness
Becasue he's a Jackass who's flame-baiting anyone who is a Christian. On behalf of all of us...feth you, John.
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Post by: JohnHwangDD
@Nurgleboy: Why don't you go "feth" yourself, first. Whatever "feth" means... But anyhow, much thanks for proving my point about X-ian 'tards.
@dogma: At least you know that isn't what I meant. Transliterating to race, I'm making the Cosby argument: "if the black community chooses to support, enable, and/or celebrate black men who shoot people, take drugs, and father children out of wedlock, then they lower themselves in respectability." I'll let you transliterate the Cosby argument back to religion, and see if my original statement still makes any sense.
But in the case of your example, I guess you wanted me to respond with the OJ card, as a living example?
So really, who's baiting whom?
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Post by: reds8n
Feth
The Tree god of tanith in the warhammer 40k universe made famous by the Tanith first and only.
officially anyway, although they also seem to use it as a general replacement word for.. err.... "coitus" .
It's a bit rich to claim that the darwin animal symbols are a rip off when the Christian cross itself is swiped from older pagan symbols .
In fact most ofthe early translations of the bible didn't have Jesus hanging on a cross at all, at the time of Jesus' life most Roman deaths in this manner were in fact on a plain uncrossed stake.
If you go to early copies of the Bible they make reference to Jesus in fact having been cruxified on a tree :
Acts 5:30 : King James Bible
"The God of our fathers raised up Jesus, whom ye slew and hanged on a tree."
As does 1 Peter 2:24 ;
King James Bible
"Who his own self bare our sins in his own body on the tree, that we, being dead to sins, should live unto righteousness: by whose stripes ye were healed."
The cross was used at all by the early Christian church, it didn't really come into widespread usage until the reign of Constantine and his enthusiastic drive to try and unify the disparate factions of his empire. So really the cross itself is stolen.
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Post by: JohnHwangDD
Who knew?
Next, you'll be telling us that Easter and Christmas were ripped off Roman celebrations like Saturnalia and so forth...
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Post by: Hordini
Oh, congratulations for pointing that out! It's true that many religious symbols are borrowed from older religions and traditions. However, this isn't some groundbreaking discovery that Christians and other religious people have been kept in the dark about for the past 2,000 years.
My point was that the Darwin animals were ripped off for the sole purpose of ridiculing a Christian symbol. It doesn't really matter whether or not the symbol was used as a pagan symbol in the past, or even if it still is. It's clearly identifiable in the mainstream as a Christian symbol, and that's what the Darwin animals are referencing and trying to ridicule.
Or are you just claiming that the Darwin fish animals aren't a rip off of the Jesus fish?
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Post by: Lorek
JohnHwangDD wrote:When a religion consistently goes "full slow", they deserve what they get.
That is, if religion doesn't prevent their followers from acting like 'tards, then they should be treated like the 'tards they demonstrate themselves to be.
So what about when a religion "goes full violent"? From your logic, we should round up all the Muslims and blow them up because a few radicals are conducting suicide bombings.
Your comment above is reactionary, ill-informed, and reflects very, very poorly on you. Religions don't DO anything. It's the followers, or so-called followers, of a religion that take action, and they often use religion as an excuse to act crappy to each other (that's right, I quoted David Lister). Each person is to be held responsible for their actions, not the belief system that they follow (and it's likely not the only belief system that they follow).
Also, religion cannot "prevent" anyone from doing anything. They can advocate one way or another, but they do not control their members (yes, I know some cults brainwash people, but that's the exception to the norm). Once again, each individual is responsible for their own actions.
Which brings us to you, JohnHwangDD. Your action in this thread is a broad, bigoted attack on an entire religious group. I guess Canada wasn't a big enough target for you, so you have earned yourself a week's vacation with your hate speech.
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Post by: dogma
JohnHwangDD wrote:
@dogma: At least you know that isn't what I meant.
No, that's not true at all. You very likely meant exactly what I inferred from your statement. I simply gave you the benefit of the doubt as directly confronting the ignorance of your elucidated perspective would have been unproductive.
JohnHwangDD wrote:
Transliterating to race, I'm making the Cosby argument: "if the black community chooses to support, enable, and/or celebrate black men who shoot people, take drugs, and father children out of wedlock, then they lower themselves in respectability." I'll let you transliterate the Cosby argument back to religion, and see if my original statement still makes any sense.
But in the case of your example, I guess you wanted me to respond with the OJ card, as a living example?
So really, who's baiting whom?
When was this ever a question of baiting? I'm trying to have a discussion about a comment which I believe was ill-concieved. You seem either unwilling, or unable, to do so for your insistance on arguing from a deliberately obfuscate position.
In any case, that is not a valid argument. It hinges on the existence of a tangible 'black community' which can be held responsible for the actions of its members. Such a community can only exist when one attempts to reason inductively in order to create a general 'truth' of blackness (or religiosity). As inductive reasoning is never capable of generating proof the argument is devoid of logical weight.
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Post by: Grignard
Hordini wrote:Oh, congratulations for pointing that out! It's true that many religious symbols are borrowed from older religions and traditions. However, this isn't some groundbreaking discovery that Christians and other religious people have been kept in the dark about for the past 2,000 years.
My point was that the Darwin animals were ripped off for the sole purpose of ridiculing a Christian symbol. It doesn't really matter whether or not the symbol was used as a pagan symbol in the past, or even if it still is. It's clearly identifiable in the mainstream as a Christian symbol, and that's what the Darwin animals are referencing and trying to ridicule.
Or are you just claiming that the Darwin fish animals aren't a rip off of the Jesus fish?
What irks me about it is that Darwin fish, while cute, don't really make any sense.
If anyone who is actually a scientist has one of these they're just trying to irk people or just aren't thinking very hard about it.
Biological evolution is not something you "believe" in, or have "faith" in. It is scientific theory backed up by observation, nothing less, nothing more. You can no more "believe" in evolution than you can "believe" in gravity, thermodynamics, or quantum theory. It has nothing to do with religion. Believing in it is like believing in the bowling ball sitting in my closet.
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Post by: sebster
Yeah, the folk with the Darwin fish bumper stickers are having a bit of a go at Christianity. Yes, they're using someone else's symbol but that's what satire does. And they've used the symbol in some very light satire, relative to crucifix dildoes and the like it really is on the minor end of the scale. It’s harmless and if anyone finds it to be anywhere near the worst thing their faith suffers, then they should be very grateful they’re not part of any faith that really does cop it.
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Post by: Frazzled
edit-closing this thread now. Its been fun but has reached its useful life.
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