0
lawrocket

Capital punishment - a middle ground

Recommended Posts

I am not philosophically opposed to capital punishment. But I know that capital punishment is likely overly sentenced and has too many problems with its application. Death row in the US has WAY too many people. There are also issues with racial disparities.

The more I think about it, the more I am coming to the conclusion that the types of crimes that are giving the death penalty should be limited. Primarily, the application of the felony-murder rule to give the death sentence, I think, should be stopped.

FOr those of you who don't know, a death that occurs in the commission of certain types of felonies automatically makes the person who commited the felony lliable for murder 1 and open to the death penalty.

Example. Some dude decide to hold up a liquor store. One guy on lookout, one in the getaway car, one the stick-up man and another to raid the cash register. During the robbery, a citizen intervenes, spooks the stick-up man, and the stick-up man kills him.

Under the felony murder rule, that's murder 1 and the shooter can possibly (maybe even "probably") get the death penalty. But there's more.

All the accomplices get in on felony-murder under accomplice liability. The getaway driver may also get the death penalty.

To me, there is something wrong with this. Something correct, too, but a little bit of overkilll, pun intended. Personally, I think that the felony-murder rule should make the possibility of life in prison, but not the death penalty.

It'll lessen the number of people on death row. It'll make the system more just in my eyes. And I also think that the racial disparit can be greatly reduced, since minorities and other underprivileged are typically those who are understandably committing most property-related crimes.

Just my thoughts...


My wife is hotter than your wife.

Share this post


Link to post
Share on other sites
Your post is too long, and it's too late. But I'd just like to say, this *simpson's* avatar is no bette than the jim carrey one. I enjoyed seeing a REAL picture of you in that other thread....or was that bogus too?
--
A conservative is just a liberal who's been mugged. A liberal is just a conservative who's been to jail

Share this post


Link to post
Share on other sites
Interestingly, those who commit murder have a very low recidivism rate. So, a guy kills someone, gets 25 to life, serves 30, gets out, likely not to murder again....But, child molesters, very high recidivism rate. Molest a kid, get 7 years, out on parole in 3. Off to molest again. The system is wacked! I don't know what the solution is, or where to begin.

Share this post


Link to post
Share on other sites
Quote

Interestingly, those who commit murder have a very low recidivism rate. So, a guy kills someone, gets 25 to life, serves 30, gets out, likely not to murder again....But, child molesters, very high recidivism rate. Molest a kid, get 7 years, out on parole in 3. Off to molest again. The system is wacked! I don't know what the solution is, or where to begin.



Hard to commit that 2nd murder when you've spent your life in the pen. Let 'em out in 3, they're likely to re-offend. I'd bet the recidivism rate would be higher for murders if we let 'em out sooner. I agree that child molesters need stiffer sentences too, though.
--
A conservative is just a liberal who's been mugged. A liberal is just a conservative who's been to jail

Share this post


Link to post
Share on other sites

Have you read this one yet? " Confessions of a Crimanal Lawyer" by Seymour Wishman. Interesting read. Laughed my ass off. By the way. I need a good traffic lawyer in LA next month. HELP[:/]

I hold it true, whate'er befall;
I feel it, when I sorrow most;
'Tis better to have loved and lost
Than never to have loved at all.

Share this post


Link to post
Share on other sites
Singapore has one of the lowest crime rates overall (for any type of crime) in the world. Part of the reason is the near complete lack of corruption. The other part, is the absolute crazy punishments for breaking the law there.

Not only is the death penalty appropriate for first degree murderers (including their accomplices), expansion of the use, while streamlining the appeals process, should be debated (like for pedophiles). A separate judiciary might be an answer to address the backlogs, and the shortcomings of the current framework.
So I try and I scream and I beg and I sigh
Just to prove I'm alive, and it's alright
'Cause tonight there's a way I'll make light of my treacherous life
Make light!

Share this post


Link to post
Share on other sites
Quote


Example. Some dude decide to hold up a liquor store. One guy on lookout, one in the getaway car, one the stick-up man and another to raid the cash register. During the robbery, a citizen intervenes, spooks the stick-up man, and the stick-up man kills him.

Under the felony murder rule, that's murder 1 and the shooter can possibly (maybe even "probably") get the death penalty. But there's more.

All the accomplices get in on felony-murder under accomplice liability. The getaway driver may also get the death penalty.

To me, there is something wrong with this.



I think this is a perfectly suitable modification. It would be far more criminal for these people to get charged with manslaughter or even 2nd degree murder.

They went with intent to commit crime using firearms, quite prepared to use lethal force. If someone dies in the process, it was hardly unpremeditated.

Now if your example was one of the accomplices getting shot by the citizen and the bad guy getting charged for his death as murder 1, yeah, that seems a bit funky to me.

Share this post


Link to post
Share on other sites

I agree with St. Aquinas that the death penalty is acceptable philosphically. However, in the fiscal environs in which we're in today, I feel that it's definitely overused. THe nation is broke and death penalty opponents have made it more expensive to kill someone than to incarcerate them for life.

Believing fully that the national debt is one of the greatest threats we face as a nation, I cannot helpbut oppose the death penalty in most cases these days.

Changed my mind on this for fiscal and not philosphical reasons. The death penalty should not be abolished nor its use totally eliminated, however.

My US$0.02.

:)

Vinny the Anvil
Post Traumatic Didn't Make The Lakers Syndrome is REAL
JACKASS POWER!!!!!!

Share this post


Link to post
Share on other sites
Quote

Example. Some dude decide to hold up a liquor store. One guy on lookout, one in the getaway car, one the stick-up man and another to raid the cash register. During the robbery, a citizen intervenes, spooks the stick-up man, and the stick-up man kills him.

Under the felony murder rule, that's murder 1 and the shooter can possibly (maybe even "probably") get the death penalty. But there's more.

All the accomplices get in on felony-murder under accomplice liability. The getaway driver may also get the death penalty.

To me, there is something wrong with this. Something correct, too, but a little bit of overkilll, pun intended. Personally, I think that the felony-murder rule should make the possibility of life in prison, but not the death penalty.



So we kill 4 birds with one stone. Why is that a problem? I have problems with criminals being given a guarantee that based on their level of participation they can limit how far the punishment goes. Maybe knowing that if the guy who's inviting you to be his driver on a robbery in effect will be making decisions that may cost you your life might make you reluctant to be his driver and many of these guys might not get people to assist them in the first place.

No-one offers us potential victims any such guarantee (if you walk down 6th street you are guaranteed that nothing worse than a mugging will happen to you, if you take 8th street however the risk raises to being raped but you are guranteed that murder is not a possibility). We have no such limmited risk profiles, why should they? Maybe adding a little uncertainty to the mix might deter some. (You think you are about to assist in a robbery but who knows, you might face the death penalty if your partner in crime goes nuts. Is it worth the risk?)

Quote

And I also think that the racial disparit can be greatly reduced, since minorities and other underprivileged are typically those who are understandably committing most property-related crimes.



Maybe them commiting less of those crimes might result in fewer of them being represented in the prison system or death row. I have always had a problem with the racial disparity argument. It is like saying rape and sexual harrasment laws are unfair because men or disproportionately represented relative to women in such trials.
My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

Share this post


Link to post
Share on other sites
Quote

I think this is a perfectly suitable modification. It would be far more criminal for these people to get charged with manslaughter or even 2nd degree murder.

They went with intent to commit crime using firearms, quite prepared to use lethal force. If someone dies in the process, it was hardly unpremeditated.

Now if your example was one of the accomplices getting shot by the citizen and the bad guy getting charged for his death as murder 1, yeah, that seems a bit funky to me.



I'm not arguing anything different with the exception that the highest possible penalty for a murder conviction under the felony murder rule should be life in prison without parole.

I'm merely arguing that the death penalty should be reserved for the worst of the worst. I don't think it could be reasonably said that the getaway man is the worst of the worst. A bad guy? Yes. A criminal who should be punished? Yes.

But not with the death penalty. Also, the court system and penal system will be spared a lot of expense with appeals, etc. Financially, it would make sense.


My wife is hotter than your wife.

Share this post


Link to post
Share on other sites
Just my thoughts,

My son is the one shot and killed by the stick-up man. I'm in the back of the store with a shot gun. I quickly give the stick up man the death penalty right there on the spot.

Seeing that he has a look out, I quickly without thinking give him the death penalty with a shot to the chest.

The getaway driver speeds off fearing for his own life, leaving me dropping to the floor in tears and greaving over my dead sons body.

Just my thoughts, how much will it cost me in court fees and or time in prison for giving the two worthless pieces of trash what they had coming to em.

Share this post


Link to post
Share on other sites
>how much will it cost me in court fees and or time in prison for giving
>the two worthless pieces of trash what they had coming to em.

Well, that depends. If you shot the lookout just because he was there - did the father of the lookout give you "what you deserved" first for killing his son in cold blood? If you shot him because he was pointing a gun at you, then you were defending yourself and will likely not see the inside of a courtroom.

Share this post


Link to post
Share on other sites
Let's assume your hypothetical incident is clearly accurately video & audiotaped:

Quote

My son is the one shot and killed by the stick-up man. I'm in the back of the store with a shot gun. I quickly give the stick up man the death penalty right there on the spot.



If he was still armed, you'd probably not be charged. If he saw you coming, dropped his gun, begged you not to shoot him, and you shot him anyway, you'd probably be charged & have to stand trial. The jury's verdict would be hard to predict.

Quote

Seeing that he has a look out, I quickly without thinking give him the death penalty with a shot to the chest.



Bill beat me to it; it probably depends on whether he was visibly armed. If he was, I'd say chances are about 75% the average DA's office would not charge you. If he was not armed, I'd say chances would be about 80-90% that you would be charged, depending on whether the DA did or did not think you reasonably presumed he was armed. Then it's up to the jury; sympathy for you will almost certainly be an important factor.

Quote

Just my thoughts, how much will it cost me in court fees and or time in prison for giving the two worthless pieces of trash what they had coming to em.


Time in prison - a jury might acquit you outright. If you were convicted, I'd bet the average judge would give you the minimum sentence permitted by law for the most serious offense of which you were convicted.

Legal fees - Depends. How much you got?

Share this post


Link to post
Share on other sites
Quote

Well, that depends. If you shot the lookout just because he was there - did the father of the lookout give you "what you deserved" first for killing his son in cold blood? If you shot him because he was pointing a gun at you, then you were defending yourself and will likely not see the inside of a courtroom.



I don't want to sound like a violent vigilante type but I suspect most people upon seeing their son murdered right before their eyes might kill all parties to the crime rather than just the trigger man. Not right, but still a human reaction in the moment.
My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

Share this post


Link to post
Share on other sites

> Legal fees - Depends. How much you got?

With all the unknowns we have decided not to shop there that day.:P

I'm a firm believer in Capital Punishment, and living in Texas, a state that is the most strict and with a greater resolve to follow through I sometimes thing we are way to slow in executing the Guilty.

Now I know there are those who think there is a posibility that we could execute an innocent victim. I think if we have Video and Eyewittnesses to prove beyond any doubt their guilt they should be on a fast pace to receive the Happy Juice. That should trim down our death row roster and provide additional space for the next group coming in. The remainder can have the countless appeals before taking the same walk if still found guilty.

Share this post


Link to post
Share on other sites
Quote

Texas [is] ... way too slow in executing the Guilty.



...and, as DNA testing is beginning to show, Texas & Florida are way too fast in executing the not guilty. The imprisoned can some day be freed; the executed cannot be re-animated.

Share this post


Link to post
Share on other sites
>but I suspect most people upon seeing their son murdered right before
>their eyes might kill all parties to the crime rather than just the trigger man.

I agree. But that applies to the father of the lookout as well as the father of the customer.

But in any case, if you shot a man out of anger rather than self-defense, I'd expect the case to go to court, where you would be charged with manslaughter at most. If it were the case you described, I would hope you'd get off with a very light sentence (and loss of your right to carry a gun.)

Share this post


Link to post
Share on other sites
The linked story shows how easy it is to get wrongfully convicted.

In this case a pediatric pathologist appears to have made quite a few mistakes, resulting in innocent parents being sent to jail for killing their children.

http://www.canada.com/globaltv/national/story.html?id=6f76f2ef-bde0-4abb-8618-64fbbdf62c60&k=82354

Share this post


Link to post
Share on other sites
Quote

I agree. But that applies to the father of the lookout as well as the father of the customer.



If he was there at the time and in the heat of the moment (provided he was not there as an accomplice) then yes I could also sympathise with him killing after watching the father of the first victim kill his son in cold blood. It is just human reaction.

Quote

But in any case, if you shot a man out of anger rather than self-defense, I'd expect the case to go to court, where you would be charged with manslaughter at most. If it were the case you described, I would hope you'd get off with a very light sentence (and loss of your right to carry a gun.)



I agree with the principle of restraint but I am not sure the reactions of a man who just watched his son murdered, are reflective of his level of self control or ability to own a gun. Yes there is risk that if he is allowed to keep his guns after this and if another one of his sons is murdered before his very eyes he might go on a killing rage agin, but that is no more likely for him than for anyone else
My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

Share this post


Link to post
Share on other sites
<<
FOr those of you who don't know, a death that occurs in the commission of certain types of felonies automatically makes the person who commited the felony lliable for murder 1 and open to the death penalty.

Example. Some dude decide to hold up a liquor store. One guy on lookout, one in the getaway car, one the stick-up man and another to raid the cash register. During the robbery, a citizen intervenes, spooks the stick-up man, and the stick-up man kills him.

Under the felony murder rule, that's murder 1 and the shooter can possibly (maybe even "probably") get the death penalty. But there's more.

All the accomplices get in on felony-murder under accomplice liability. The getaway driver may also get the death penalty.

To me, there is something wrong with this. Something correct, too, but a little bit of overkilll, pun intended. Personally, I think that the felony-murder rule should make the possibility of life in prison, but not the death penalty.>>>>

Fuckem. Put them all to death. Save society lots of trouble.

Just my redneck opinion.

And by the way, I despise most lawyers. (Although I jump with one - she's cool)
"We saved your gear. Now you can sell it when you get out of the hospital and upsize!!" "K-Dub"

"

Share this post


Link to post
Share on other sites
Quote

Interestingly, those who commit murder have a very low recidivism rate. So, a guy kills someone, gets 25 to life, serves 30, gets out, likely not to murder again....But, child molesters, very high recidivism rate. Molest a kid, get 7 years, out on parole in 3. Off to molest again. The system is wacked! I don't know what the solution is, or where to begin.




We can put the murderers on the next island next to the molestors island... that way they wont kill the molestors in prison... the Aluetians have to be good for SOMETHING... I think they would make great prisons.>:(

Personally I have changed my opinion of the death penalty over my lifetime. I do not think ANY human has the right to decide on which day another human being gets to die... and I do not want the stigma of being responsible for state sponsored murder on my conscience.
I also wonder how soooo many good Christians can be SOOOO vociferous in their support of the death penalty... when right there in the Bible... it says JUDGE NOT LEST YE BE JUDGED...

Share this post


Link to post
Share on other sites
I'm not morally opposed to the concept of the death penalty. There are some people who by their actions have put themselves beyond the reach of human decency and have forfeit their right to live.

But the world will have to be a much more perfect place before I can support the right of the state to decide whose life should be taken. That's what I can't understand about people who support the death penalty. Most of them won't even trust the government to deliver the mail, but they'd let that same government hand down and execute life and death rulings ? Makes no sense to me, none at all.

Consider that the first thing the nations of Eastern Europe did when they broke free of Soviet rule was to abolish their death penalties. Countries like Poland, the former Czechoslovakia, Romania, and Hungary knew too well how the death penalty was abused by corrupt and dictatorial rulers.

Consider also that most European countries have not only abolished capital punsihment, but life sentences as well. A typical stretch for murder in Europe is no more than 20 - 30 years. I'm not saying that's the course for us to follow, but in fact we do release plenty of murderers after similar lengths of time and they have shown themselves to be the least likely group of criminals to re-offend. So while I'm not endorsing it, I wouldn't reject it out of hand either, it's worthy of more debate.

DNA and medical evidence are no magic wand to protect the innocent either. Some DNA crime labs have been run so badly they've been shut down by court orders. And sadly, there are doctors and technicians who are little more than paid perjurers, who will repeat any testimony they're given by corrupt prosecutors. And those same prosecutors have often fought tooth and nail to PREVENT the re-examination of DNA evidence in old cases where strong doubts exist as to a person's guilt. Even when the DNA evidence has shown clearly that the convicted person could not have committed a crime, prosecutors issue cute statements like, "this still doesn't prove his innocence". Which of course it does prove, but what else would you expect from government officials trying to protect their sorry asses.

And finally, the death penalty presents too much of an opportunity for politicians to wave the bloody shirt at election time. That's simply disgusting, that anyone would waste a vote on any candidate who runs around promising to kill more people. Robespierre kept coming back and telling the French people he just needed to kill a few thousand more "traitors" and things could go back to normal. the French finally decided to make things normal by whacking his head instead and making an end of it.

As long as the average citizen cannot afford the kind of lawyers OJ, Robert Blake, or Phil Spector can hire, I don't see how the death penalty can be fairly applied to anyone.

Your humble servant.....Professor Gravity !

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

0