Is the Death Penalty Justifiable?

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kennethamy
 
Reply Sat 28 Nov, 2009 07:56 am
@Fido,
Fido;106581 wrote:

Fido sees the interconnectedness of all things, and of all people, and of events in time and space...


For all I know, all things are interconnected. But it certainly does not follow from that, that all thing are relevant. Otherwise all argument, and all philosophical discussion would become an exercise in free-association.

---------- Post added 11-28-2009 at 10:17 AM ----------

Inquisition;106342 wrote:
The state does not have the right to take life. If it does (which it does) it is only because the people allow it.

.


I don't know whether it is right of the State to take a life, but certainly, the State has a right to take a life if, by that you mean a legal right, and I don't know whether there are any other rights. The State gives itself that right.
 
manored
 
Reply Sat 28 Nov, 2009 09:22 am
@Inquisition,
Inquisition;106534 wrote:
The state does not have the right to wage war either. In fact (at least my point of view) the state is illegitimate on all grounds. You also mentioned free people. I assure you there can be no free people within a state unless your definition of freedom is something less than true freedom.
While that is true, with absolute freedom we would have the world's population drop rather sharply =)

As kennethamy said, there arent really any rights other than legal rights, so what rights are you talking about here?

Fido;106581 wrote:

Fido sees the interconnectedness of all things, and of all people, and of events in time and space... We would all like a simple answer to every simple question... Reality never gets more simple than the truth can express...Justice, as one result of morality may seem like the pile of snakes, but it is a gordian knot for the man with the right knife... To know justice in gross we must know it in miniture...And people have been working with the concept for millenia... In any dispute between two people justice for one is the same as justice for another...It is a quality each must share to have, and what that is depends upon the situation and the people involved... It is never hard, and fixed, and never something one can cart off without the consent of the other...You cannot steal justice, nor impose it by force...It is a form of relationship...
Everone sees so, even if people dont notice or think they are seeing so, for it is an obvious and natural aspect of the universe. That is not a good enough justification for answering something other than what was asked.
 
Fido
 
Reply Sat 28 Nov, 2009 12:02 pm
@Shostakovich phil,
It is a Caucasian White Chalk Circle dooods... You can ask a simple question looking for a simple answer, and I could give you one; but if you know the sort of answer you are looking for you should just take the answer that looks like you like... If you want to know the sitution without prejudice, and really need the truth then life and reality are a complex web for the mind to master, and to catch the simple like flies... I ain't crap, and you ain't flies so get off me and do your job, if you consider the job of philosophy worth doing....
 
kennethamy
 
Reply Sat 28 Nov, 2009 12:08 pm
@Fido,
Fido;106659 wrote:
It is a Caucasian White Chalk Circle dooods... You can ask a simple question looking for a simple answer, and I could give you one; but if you know the sort of answer you are looking for you should just take the answer that looks like you like... If you want to know the sitution without prejudice, and really need the truth then life and reality are a complex web for the mind to master, and to catch the simple like flies... I ain't crap, and you ain't flies so get off me and do your job, if you consider the job of philosophy worth doing....


"It is a puzzlement" The King of Siam.
 
manored
 
Reply Sun 29 Nov, 2009 01:38 pm
@Fido,
Fido;106659 wrote:
It is a Caucasian White Chalk Circle dooods... You can ask a simple question looking for a simple answer, and I could give you one; but if you know the sort of answer you are looking for you should just take the answer that looks like you like... If you want to know the sitution without prejudice, and really need the truth then life and reality are a complex web for the mind to master, and to catch the simple like flies... I ain't crap, and you ain't flies so get off me and do your job, if you consider the job of philosophy worth doing....
I ask questions especting answers to the questions I asked, and that is all. If I ask a question and you dont answer it, that is a discourtesy, or an attempt of concealing ignorance. Either way, I dont like it then I make a question and the person I am making the question to doesnt answers. Who does?

Something similar applies if I make a comment and someone responds by commeting something with not even an initial relation to what I commented.

This whole thing is also know as "Getting out of topic", wich is generally disliked because if everone decides to discuss something different there is no discussion whatsoever.

And, we are, by the way, getting off topic, so lets get back on it =)
 
Fido
 
Reply Sun 29 Nov, 2009 02:57 pm
@manored,
manored;106901 wrote:
I ask questions especting answers to the questions I asked, and that is all. If I ask a question and you dont answer it, that is a discourtesy, or an attempt of concealing ignorance. Either way, I dont like it then I make a question and the person I am making the question to doesnt answers. Who does?

Something similar applies if I make a comment and someone responds by commeting something with not even an initial relation to what I commented.

This whole thing is also know as "Getting out of topic", wich is generally disliked because if everone decides to discuss something different there is no discussion whatsoever.

And, we are, by the way, getting off topic, so lets get back on it =)

If you look at the history of science you can see that progress waited not on the answers to questions, but upon the right question to ask because when people knew what they were looking for the question was answered before asked... Now; I am not a scientist, though I have read about science, a lot, and that is the way it seems to me, that the proper question is only suggested by a certain level of knowledge...The mathematics was not more complex for the Ptolemaic conception of the universe, but the preconceptions parading as knowledge prevented the asking and answering of the question essential to a proper understanding...In a sense, you need to know, or at least guess the answer properly to ask the question in such a way that it can be answered...

When people do not trouble first to define their terms, as Voltair suggested, then their questions are more of a mental circle jerk... They really want to justify their prejudices...Look at how many years humanity has been concerned with justice, and how many pages Aristotle, for one, devoted to the subject in one form or another... What it is can never be defined as a absolute, and there are many a seeming dead end that may hide a key to understanding the whole code...

If I may offer an example....Galaleo at one point of his career defined acceleration as the change of speed over distance; and this is natural, intuitive, obvious and immediate...Yet, many years later he defined acceleration in the modern terms of rate of change of speed with respect to time... This is a change from a definition which inhibited scientific development to one which did not...The answer to the question what is acceleration waited on a definition of time, and time waited on a clock accurate enough to subdivide the seasons and days into hours and minutes...The contemporaries of Thomas Aquiness deliberately attempted to make a weight driven mechanical clock, but their efforts waited on an understanding and control of differential motions of all sorts...The invention of mechanical clocks walked hand in hand with mechanical progress of all sorts...Galileo was born in 1564, and died in 1642, the year on Newton's Birth; and he was contemporary with many of the great philosophers, writers, and scientists of near modern history...In the middle of the fourteenth century, some of the energy that had once expended itself on the building of cathedrals was diverted to the constructon of great clocks which were, like the churches, a point of civic pride...This quest for time was part of a great attempt by people to harness natural forces which could be regulated and coordinated...It is in the works of a great mathematician and ecclesiastic, Nicholas Oresmus, who died in 1382 that the metaphore of the universe as a vast mechanical clock created and set running by God so that all the wheels run as harmoniously as possible, is found...It was a notion with a future for science and metaphysics; but behind all that it is obvious that the capital which was building up the city was coming to own time, along with the lives of men....The greatest force of nature harnassed in the middle ages was the will of humanity...

Inevitably, it is because no instance of justice can be found formed in any modern society that may be applied without regard to the characters of those involved, and to the kinds of acts humanity is want to engage in- that no act of law may be called just which attempts to punish measure for measure...People are individuals and need individual justice, not to end their lives when their lives have become pitiful wrecks, but at every stage of life...There is no justice that is not reciprical, the same for each on every side of a question...There is no society that kills that does not deserve death... If the state with impunity can kill, then they can deny the stuff of life to one man on the say of his neighbors and country men...It is this unjust power of one over another which is turned to the tyranny of a few men over all men... All murder and violence is the result of injustice...Some times, that injustice runs the reach of a whole society, so what is it when one acts unjustly in the eyes of an unjust society??? Justice is found in a society when it is found in the people...But what have we??? A just people seek justice through their social forms, but what can the people do when their social forms inhibit justice, and keep the peace with law, and not too well???
 
manored
 
Reply Tue 1 Dec, 2009 03:14 pm
@Fido,
Fido;106911 wrote:
If you look at the history of science you can see that progress waited not on the answers to questions, but upon the right question to ask because when people knew what they were looking for the question was answered before asked... Now; I am not a scientist, though I have read about science, a lot, and that is the way it seems to me, that the proper question is only suggested by a certain level of knowledge...The mathematics was not more complex for the Ptolemaic conception of the universe, but the preconceptions parading as knowledge prevented the asking and answering of the question essential to a proper understanding...In a sense, you need to know, or at least guess the answer properly to ask the question in such a way that it can be answered...
I dont see how the progress of science relates to holding a conversation with someone.
 
SSInvictus
 
Reply Tue 1 Dec, 2009 03:33 pm
@Shostakovich phil,
One who takes life, does not have the right to demand it back.

This is my motto on Death Sentence.

Mordern Democracy should have adopted that instead of making the [Swearing-here] message that an unjustifable "murder, pedophile, schizophrenic" should have a second chance in Life.

Second Chance?

Go you human rights. What a oblique of human rights.

So you want to respect the "Human rights" by giving a second chance to someone who disrespected the "Human rights".

Yet, I will debunk my motto; Social Injustice.

That is how I justify my sins by downloading Torrent Modez and not giving a rats ass about it.

Bwahaha.
 
Fido
 
Reply Tue 1 Dec, 2009 06:58 pm
@manored,
manored;107358 wrote:
I dont see how the progress of science relates to holding a conversation with someone.

How about a rational discorse on science???The point is that you can ask what acceleration is all you want, but if you do not have a concept of time which can be reflected in moving bodies, the universe as a clock for example, then you do not reach the correct answer... You do not reach the truth through an expectation of what the truth is... It seems that there is some of that on this forum...People ask a question and get mad if it goes astray... I used to read the encyclopedia because it was the best book in the house, and I have an appreciation for the complexity of life and of these questions...Most if not all of them are related to questions or activities asked or in the past...

So we can get back on track; no law treating people and their experience as equal ever does justice to their equality, because we are in theory politically equal, and equal by identity -and unique as individuals...Law cannot seem to grasp this point... Inevitably it is the powerful making laws for the weak, the rich making laws for the poor, and the dead making laws for the living... We cannot change the course set for us by people long dead and dust though we would not use any other article of theirs as our own... The dead should rule the dead...And living people should rule themselves in the application of their laws....Consent would be nice, and civilized...

---------- Post added 12-01-2009 at 08:14 PM ----------

[SS].Invictus;107362 wrote:
One who takes life, does not have the right to demand it back.

This is my motto on Death Sentence.

Mordern Democracy should have adopted that instead of making the [Swearing-here] message that an unjustifable "murder, pedophile, schizophrenic" should have a second chance in Life.

Second Chance?

Go you human rights. What a oblique of human rights.

So you want to respect the "Human rights" by giving a second chance to someone who disrespected the "Human rights".

Yet, I will debunk my motto; Social Injustice.

That is how I justify my sins by downloading Torrent Modez and not giving a rats ass about it.

Bwahaha.

The death penalty is not to take human life, but to protect human life from animals of one sort or another...What if it does not work, but serves to demean all life, and to spread vengeance, and resentment???It is not just about making a handful feel better, like they are actually doing something...They are doing nothing and the feeling they are doing is making doing something more unlikely... How do we prevent crime??? Building a nation might help...Giving each community control over their own might help...I have a long list of thing that might help, and not one of them forbids death... Some people invite death... Even a saint might dance a jig at the prospect of killing some monsters... But we should not ever be casual about it...Life is the most wonderful and amazing experience... We wish others dead and die... What having we taken from anyone we will not suffer the loss of??? It is unseemly to wish death into our lives when death always wins... Justice always loses and for justice I wish... Losers like us make good company...
 
Aedes
 
Reply Tue 1 Dec, 2009 07:21 pm
@kennethamy,
kennethamy;106430 wrote:
DNA testing has been a great advance. The possibility of executing an innocent person will become so small as to be negligible.
The integrity of DNA testing still requires that you've got the right police work to get victim DNA from the perpetrator or perpetrator DNA on the victim, and then prove beyond a reasonable doubt that the transfer of DNA could only have happened as a result of the crime in question. In other words, it's a great test but it doesn't atone for many of the other more circumstantial areas of case-building.
 
kennethamy
 
Reply Tue 1 Dec, 2009 07:40 pm
@Aedes,
Aedes;107436 wrote:
The integrity of DNA testing still requires that you've got the right police work to get victim DNA from the perpetrator or perpetrator DNA on the victim, and then prove beyond a reasonable doubt that the transfer of DNA could only have happened as a result of the crime in question. In other words, it's a great test but it doesn't atone for many of the other more circumstantial areas of case-building.


Nothing is absolutely certain. If your standard is absolute certainty, then it is not achievable.
 
Fido
 
Reply Tue 1 Dec, 2009 07:46 pm
@Aedes,
Aedes;107436 wrote:
The integrity of DNA testing still requires that you've got the right police work to get victim DNA from the perpetrator or perpetrator DNA on the victim, and then prove beyond a reasonable doubt that the transfer of DNA could only have happened as a result of the crime in question. In other words, it's a great test but it doesn't atone for many of the other more circumstantial areas of case-building.

Everybody is innocent and everyone is guilty...Do you think you could exculpate the Germans in regard to Jews... Instead, people try to balance guilt against innocence, but law does not...It sees all actions in black and white... Fortunatly, people can often see things in degrees of guilt, but this must happen within the legal community...Most murders are not premeditated and happen in hot blood and are never followed by others... I have heard many people say they would kill, but not ever heard one who has ever killed say so lightly...
 
Aedes
 
Reply Tue 1 Dec, 2009 08:08 pm
@Fido,
Fido;107450 wrote:
Everybody is innocent and everyone is guilty...Do you think you could exculpate the Germans in regard to Jews... Instead, people try to balance guilt against innocence, but law does not...It sees all actions in black and white... Fortunatly, people can often see things in degrees of guilt, but this must happen within the legal community...Most murders are not premeditated and happen in hot blood and are never followed by others... I have heard many people say they would kill, but not ever heard one who has ever killed say so lightly...
No, the law does not see things in pure black and white, because there are grades of murder, grades of manslaughter, graded sentencing guidelines, and guilt versus innocence is ascertained by a jury of laypeople. It's not binary.

kennethamy;107448 wrote:
Nothing is absolutely certain. If your standard is absolute certainty, then it is not achievable.
Missing my point, but thanks for reading it.
 
kennethamy
 
Reply Tue 1 Dec, 2009 08:10 pm
@Aedes,
Aedes;107468 wrote:
No, the law does not see things in pure black and white, because there are grades of murder, grades of manslaughter, graded sentencing guidelines, and guilt versus innocence is ascertained by a jury of laypeople. It's not binary.

Missing my point, but thanks for reading it.


Maybe the term "atone" threw me off. I could not imagine what you might mean by it.
 
prothero
 
Reply Tue 1 Dec, 2009 08:12 pm
@Shostakovich phil,
Depends on which end of the rope you are on.
 
IntoTheLight
 
Reply Tue 1 Dec, 2009 08:12 pm
@Fido,
Fido;106148 wrote:
You don't have to put words in my mouth because I already have plenty..


Replying to Kennethany and having him/her put words in your mouth?

Get used to it.

That's one of the reasons I've blocked this bungler.

-ITL-

---------- Post added 12-01-2009 at 06:23 PM ----------

There are two main reasons why I oppose the DP in the USA:

1) Racial inequality.

Historically, up to 2009, minorities have been sentenced to death much more than Whites (that racial majority) - which I think suggests inherent racism in the Justice system.

2) New DNA Evidence

There have been many people tired (and sentenced) for crimes they didn't comimit. New DNA evidence has freed several death row inmates in several states. One can only guess how many other inmates were put the death for crimes they didn't commit.

-ITL-
 
kennethamy
 
Reply Tue 1 Dec, 2009 08:36 pm
@prothero,
prothero;107473 wrote:
Depends on which end of the rope you are on.


Why would that be? It might be that whether you believe it is justifiable would depend on that.
 
Aedes
 
Reply Tue 1 Dec, 2009 08:51 pm
@kennethamy,
kennethamy;107470 wrote:
Maybe the term "atone" threw me off. I could not imagine what you might mean by it.


Aedes wrote:
In other words, it's a great test but it doesn't atone for many of the other more circumstantial areas of case-building
I'll rephrase it. DNA evidence is extremely strong at identifying whose DNA sample is collected as evidence. That is ALL DNA does. It will tell you who that drop of blood, that hair, that severed hand, or that used condom belonged to.

But it is just one data point, and there can be myriad reasons why specimen X is found in place Y, so the cogency of the other evidence is what allows DNA to be useful. In other words, DNA is a link in the chain, but it doesn't turn the other links from coal into diamonds.
 
kennethamy
 
Reply Tue 1 Dec, 2009 08:57 pm
@Aedes,
Aedes;107488 wrote:
I'll rephrase it. DNA evidence is extremely strong at identifying whose DNA sample is collected as evidence. That is ALL DNA does. It will tell you who that drop of blood, that hair, that severed hand, or that used condom belonged to.

But it is just one data point, and there can be myriad reasons why specimen X is found in place Y, so the cogency of the other evidence is what allows DNA to be useful. In other words, DNA is a link in the chain, but it doesn't turn the other links from coal into diamonds.


Yes. I agree with that. But DNA can be decisive. Indeed, it already has been. So it can supersede all those lumps of coal.
 
Aedes
 
Reply Tue 1 Dec, 2009 09:07 pm
@Shostakovich phil,
No, it cannot supercede anything unless a cogent case can be made to explain it. Finding a hair on someone's dead body that matches his wife doesn't make her the killer -- a coherent, plausible story needs to come together. Even if (for the sake of this argument) DNA doesn't give false positives or false negatives, the problem is that DNA doesn't answer the question "Did Mr. Y kill Mr. X?" It only tells you who this or that sample belongs to.
 
 

 
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