Hm, at the risk of sounding like a beelding heart pinko, I must say that I find the death penalty a cruel and obsolete way of punishment. But some will argue that it's the only way of securing that say a mass muderer does not kill again.
The death penalty in this sense is the perfect...what's the word, not punishment, because you ain't feeling nothing when you're dead....the perfect solution? And as such, it requires a perfect judicial system. And I do not believe such a one exists anywhere in the world; different religions believe that ultimately, there is one.
So if this is taken into account, we really cannot allow ourselves the risk of killing an innocent.
I believe the dictionary defines murder as "unlawful killing". In the case of the execution of an innocent, it falls in my book into that category. So what should we do? Execute the jury, for convicting the man/woman? Nah, that has to do with guilt, not punishment. Execute the judge for sentecing the person to death? Nah, his duty is do administer punishment according to the law *on people found guilty by the jury*, as I understand it.
So also here there's a little flaw
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Another question is resocialization vs punishment - and here a cynic would say - what serves society best? In some cases the former, in others the latter. Some people (and some democrats will probably not agree) *cannot* be resocialized - they are too far out. My father works as a shrink, and that's his professional opinion. He's explained the reasoning behind it and (maybe because my lack of knowledge in the area) I've found it to be rather compelling.
So, in these cases, we're left with two further options; punishment, an eye for an eye in a certain sense, or removal from society so as to present no further threat. The death penalty, to me, is not really more than a very short term punishment. Lots of fear in a very short time, but then that's that. Incarceration with guys like Bubba who have sayings like "tight butts drive me nutts" would be more severe; here, the criminal (or innocent) would have the time to get punished, and would know about it..
But I am a firm believer in the principle that a society should not stoop to the lowest common denominator of human behaviour. Punishment is, in a way, an emotional reaction. Mr Spock would settle for having the problem solved. Unfortunately, for these hard cases, the ony way to have the problem solved is by removing them from society, either by putting them to death, or by putting them in jail. I vote for the latter.
Now, some penalties in the US I find a bit extreme. Like when a man is sentenced to 245 years in prison. Why stop there - it's the rest of the individual's natural life, so why not just say so. Or raise it to 245 million year, for good measure.
On the other hand, I find the punishments in this country far too weak. A gang of refugees had a gang rape on a young 15 year old Danish woman, and the hardest punishment was I believe three years in jail. Aggravated assault, well, out in a few. Murder, see ya in 8 to 12.
But side issues
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StSanta
JG54 "Grünherz"
"If you died a stones throw from your wingie; you did no wrong". - Hangtime