Display:
It goes on and on, and on and on. Why does one group or the other insist that their answer is the only correct, moral one?  The inevitable answer: "becaue it is."

The New York State law.

Death Penalty and Sentencing Information">.

Imposition of the death penalty is extraordinarily rare.

Since 1967, there has been one execution for every 1600 murders, or 0.06%. There have been approximately 560,000 murders and 358 executions from 1967-1996 FBI's Uniform Crime Report (UCR) & Bureau of Justice Statistics (BJS).

Approximately 5900 persons have been sentenced to death and 358 executed (from 1973-96). An average of 0.2% of those were executed every year during that time. 56 murderers were executed in 1995, a record number for the modern death penalty. This represented 1.8% of those on death row. The average time on death row for those 56 executed - 11 years, 2 months ("Capital Punishment 1995", BJS, 1996), an all time record of longevity, breaking the 1994 record of 10 years, 2 months.

Death penalty opponents ("opponents") state that "Those who support the death penalty see it as a solution to violent crime." Opponents, hereby, present one of many fabrications. In reality, executions are seen as the appropriate punishment for certain criminals committing specific crimes. So says the U.S. Supreme Court and so say most death penalty supporters ("advocates").

Opponents equate execution and murder, believing that if two acts have the same ending or result,  then those two acts are morally equivalent. This is a morally untenable position. Is the legal taking of property to satisfy a debt the same as auto theft? Both result in loss of property. Are kidnaping and legal incarceration the same? Both involve imprisonment against one's will. Is killing in self defense the same as capital murder? Both end in taking human life. Are rape and making love the same? Both may result in sexual intercourse.

How absurd. Opponents' flawed logic and moral confusion mirror their "factual" arguments - there is, often, an absence of reality. The moral confusion of some opponents is astounding. Some equate the American death penalty with the Nazi holocaust. Opponents see no moral distinction between the slaughter of 12 million totally innocent men, women and children and the just execution of society's worst human rights violators.

The Michigan law.

Against the Death Penalty

The Criminal Justice Legal Foundation has collected many recent deterrence studies, including ones by Hashem Dezhbakhsh, Paul H. Rubin, Joanna M. Shepherd, H. Naci Mocan & R. Kaj Gittings and others claiming a deterrent effect to the death penalty.  These studies may be found HERE.  The following are academic critques of this new research:

The Death Penalty: No Evidence for Deterrence

In an article entitled The Death Penalty: No Evidence for Deterrence, John Donnohue and Justin Wolfers examined recent statistical studies that claimed to show a deterrent effect from the death penalty. The authors conclude that the estimates claiming that the death penalty saves numerous lives "are simply not credible." In fact, the authors state that using the same data and proper methodology could lead to the exact opposite conclusion: that is, that the death penalty actually increases the number of murders. The authors state: "We show that with the most minor tweaking of the [research] instruments, one can get estimates ranging from 429 lives saved per execution to 86 lives lost. These numbers are outside the bounds of credibility." (The Economists' Voice, April 2006).

The Uses and Abuses of Empirical Evidence in the Death Penalty Debate

A new edition of the Stanford Law Review contains an article entitled Uses and Abuses of Empirical Evidence in the Death Penalty Debate. The article examines and performs comparison tests on recent studies that have claimed a deterrent effect to the death penalty. Authors John J. Donohue of Yale Law School and Justin Wolfers of the University of Pennsylvania state their goal and conclusions: "Aggregating over all of our estimates, it is entirely unclear even whether the preponderance of evidence suggests that the death penalty causes more or less murder." (58 Stanford Law Review 791 (2005)).



I can swear there ain't no heaven but I pray there ain't no hell. _ Blood Sweat & Tears
by Gringo (stargazing camel at aoldotcom) on Thu Aug 23rd, 2007 at 02:29:42 PM EST
I wholeheartedly agree with the sentiment that the world is not black and white. And I'll be the first to admit that I am wrong about many things.

But maybe death penalty proponents should consider this: innocent people are convicted for crimes they did not commit. This include crimes that in some jurisdictions carry the death penalty. There is no justice system in the world where exactly zero innocent persons are convicted. Mistakes happen.
In other words, there's a rather decent change that people have been put to death for crimes they did not commit.
And the people who put them to death probably isn't in a great deal of hurry to figure out whether they just have made a fuck-up of monumental proportions, so the true number of false convictions is probably not forthcoming anytime soon.

Even if I wasn't morally opposed to the idea of putting people to death, that alone would still give me pause.

"The basis of optimism is sheer terror" - Oscar Wilde

by NordicStorm (michael<-at->sturmbaum.net) on Thu Aug 23rd, 2007 at 03:00:05 PM EST
[ Parent ]
Opponents equate execution and murder, believing that if two acts have the same ending or result,  then those two acts are morally equivalent. This is a morally untenable position. Is the legal taking of property to satisfy a debt the same as auto theft? Both result in loss of property. Are kidnaping and legal incarceration the same? Both involve imprisonment against one's will. Is killing in self defense the same as capital murder? Both end in taking human life. Are rape and making love the same? Both may result in sexual intercourse.

Well theres a rather forced argument. I'd argue that of the set of executions, there is a subset where the person has been incorrectly found guilty. In those cases then execution and murder are equivalent. I'd argue that unless you could prove 100% that every death penalty case the correct person had been executed for the crime, then execution was immoral. One murder by the state is one murder too many.

An ineteresting book that discusses the second part iks the autobiography of Albert Pierrepoint, the UK's last official hangman. at the end of the book he states that of all the people he hanged, he can't think of a single case where the death penalty had even the slightest deterrant effect

Any idiot can face a crisis - it's day to day living that wears you out.

by ceebs (ceebs (at) eurotrib (dot) com) on Thu Aug 23rd, 2007 at 03:04:37 PM EST
[ Parent ]
I think that's the salient point.

If the death penalty has no deterrent effect then it is merely a barbaric ritual of revenge.  Only if it has deterrent effect is it useful, in the sense of reducing the sum of violence in the society.

I have never seen any data that seemed to me conclusive, that showed a measurable deterrent effect.

Reducing neurotoxin levels in people's houses, air, and diets (lead abatement) probably has done more to reduce violent crime than any number of hangings.  If the death penalty were highly deterrent then countries which practise it should have far lower violent crime rates per mio pop than the rest of the world.  Last time I checked that did not seem to be the case.

The difference between theory and practise in practise ...

by DeAnander (de_at_daclarke_dot_org) on Thu Aug 23rd, 2007 at 03:43:01 PM EST
[ Parent ]
Yes, it really seems to come down to the matter of whether the death penalty can be seen as saving lives.  Both sides argue forcefully and with countless studies. In the end I've seen it argued that there are just too few executions to be able to produce statistically accurate results. Another irony.

I can swear there ain't no heaven but I pray there ain't no hell. _ Blood Sweat & Tears
by Gringo (stargazing camel at aoldotcom) on Thu Aug 23rd, 2007 at 03:53:46 PM EST
[ Parent ]
In line with a new Act developed in the late Eighties, the Finnish 'Penal' system was refocused on rehabilitation. I can't find the official explanation, but look at this article and especially the chart 'By the numbers'

Number of prisoners per 100,000 inhabitants in 2002:
Finland: 52
US: 702
Russia: 664

http://www.boosman.com/blog/2003/01/the_finnish_prison_system.html

These figures happen to be closely tracked by the inequality of income.

You can't be me, I'm taken

by Sven Triloqvist on Thu Aug 23rd, 2007 at 04:02:52 PM EST
[ Parent ]
Slowly but surely we'll convert all of ET to the cause of Truth, Justice and the Finnish WayTM!

I wonder what the stats are on repeat-offenders, but surely it must be lower in Finland (for one thing, less people per capita who could potentially be a repeat-offender).
I've had arguments with people who seem to think Finnish prisoners have it too good (which usually ends with me invoking Goodwin's law in one form or another). As I said above, what's the point of having prisons to begin with it if you come out in worse shape than when you went in?

"The basis of optimism is sheer terror" - Oscar Wilde

by NordicStorm (michael<-at->sturmbaum.net) on Thu Aug 23rd, 2007 at 04:17:03 PM EST
[ Parent ]
I can't help but believe there are cultural differences at work.  

I can swear there ain't no heaven but I pray there ain't no hell. _ Blood Sweat & Tears
by Gringo (stargazing camel at aoldotcom) on Thu Aug 23rd, 2007 at 04:35:27 PM EST
[ Parent ]
Of course. Historical cultural differences. I think the worst thing the Finns ever did was to supply the Hakkapeliitta for the 30 year war of then owner of Finland, Sweden. If you want to know why the classic Teuton is blond, then just go back to these Finnish mercenaries who gave even raping and pillaging a badder name.

Other than that the Finns have been quietly suffering their neighbours.

You can't be me, I'm taken

by Sven Triloqvist on Thu Aug 23rd, 2007 at 04:45:08 PM EST
[ Parent ]
well, there was the civil war and its very ugly aftermath, with lots of executed reds, even women and underage boys and girls..

You have a normal feeling for a moment, then it passes. --More--
by tzt (tztmail at gmail dot com) on Thu Aug 23rd, 2007 at 06:16:33 PM EST
[ Parent ]
Quite a few executed whites too. Such is 'civil' war

You can't be me, I'm taken
by Sven Triloqvist on Fri Aug 24th, 2007 at 07:44:03 AM EST
[ Parent ]
Quite a few executed whites too.

Sure, of course, but the aftermath saw only executed reds, since they were the losers.

Some exact numbers from the War Victims Project:

Killed in action: 5324 Reds, 3279 Whites
Executed or murdered: 7207 Reds, 1321 Whites
Died in prison camps: 11785 Reds, 6 Whites
Died after being released: 597 Reds, 0 Whites
Missing: 1818 Reds, 42 Whites
Other causes: 695 Reds, 173 Whites
Total: 27426 Reds, 4821 Whites, 2030 Others

(Sorry for the digression)

You have a normal feeling for a moment, then it passes. --More--

by tzt (tztmail at gmail dot com) on Fri Aug 24th, 2007 at 03:12:47 PM EST
[ Parent ]
Why does one group or the other insist that their answer is the only correct, moral one?

Because killing innocent people is fucking evil. And we know that the death penalty results in the death of innocents and has  no measurable benefits other than the satisfaction of a savage impulse to revenge: all cost, no benefit.

But hey, God told us to do it.

It doesn't matter if it is moral to kill the guilty - not a position I accept - unless you can guarantee that you never, ever, err in executions.

by Colman (colman at eurotrib.com) on Thu Aug 23rd, 2007 at 04:11:02 PM EST
[ Parent ]
I agree with your valid point. What about putting innocent people in prison for life? Afterall, the vast majority of those convicted of homicide do end up with long prison sentences vs. being executed.  Can we ever be sure, regardless of the sentence? Is the US system of justice so flawed that we need to start over? Is trial by jury a bad idea or is it only when the death penalty is an option?

I can swear there ain't no heaven but I pray there ain't no hell. _ Blood Sweat & Tears
by Gringo (stargazing camel at aoldotcom) on Thu Aug 23rd, 2007 at 04:30:52 PM EST
[ Parent ]
But at the very least there's the prospect that you might be freed (however small a probability that may be). If you're dead, you're dead.
And the only way to be a 100% certain that innocent people aren't put to death is by not having a death penalty at all.

"The basis of optimism is sheer terror" - Oscar Wilde
by NordicStorm (michael<-at->sturmbaum.net) on Thu Aug 23rd, 2007 at 04:34:50 PM EST
[ Parent ]
As I said, it goes on and on and the arguments have been well rehearsed and documented.

THE RISK OF EXECUTING THE INNOCENT

I can swear there ain't no heaven but I pray there ain't no hell. _ Blood Sweat & Tears

by Gringo (stargazing camel at aoldotcom) on Thu Aug 23rd, 2007 at 04:55:41 PM EST
[ Parent ]
The arguments for white racial superiority, male superiority, burning witches  and treating gays with electroshock therapy were also well rehearsed. Doesn't mean that one side aren't dead wrong.

In this case it would be the one calling for the retention and use of the death penalty.

by Colman (colman at eurotrib.com) on Thu Aug 23rd, 2007 at 05:15:12 PM EST
[ Parent ]
If you've put a person in prison and later find out you can do something about it, pay some form of reparation to the individual involved. Trial by Jury appears a  better option than all of the others that I can think of.

Any idiot can face a crisis - it's day to day living that wears you out.
by ceebs (ceebs (at) eurotrib (dot) com) on Thu Aug 23rd, 2007 at 04:35:24 PM EST
[ Parent ]
Actually, there is no real "prison for life" in many European countries. The penalty will be called that way, but e.g. in France, it is pretty much a given that nobody gets more than 30 years minimum term, and can be freed after that...

Un roi sans divertissement est un homme plein de misères
by linca (antonin POINT lucas AROBASE gmail.com) on Thu Aug 23rd, 2007 at 06:18:43 PM EST
[ Parent ]
 
Can we ever be sure, regardless of the sentence?

Of course not.

Is trial by jury a bad idea or is it only when the death penalty is an option?

It seems to be the least bad idea. Sort of like democracy: it's still fallible.
by Colman (colman at eurotrib.com) on Fri Aug 24th, 2007 at 02:38:20 AM EST
[ Parent ]
I don't know. We don't have any juries in Finland, and from my limited experience it seems to work rather well. I couldn't say which judicial system works best, though.

"The basis of optimism is sheer terror" - Oscar Wilde
by NordicStorm (michael<-at->sturmbaum.net) on Fri Aug 24th, 2007 at 06:16:58 AM EST
[ Parent ]

Display:
Login
. Make a new account
. Reset password
Occasional Series