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#26 | |||
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Member [07%]
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You have distilled a pretty complex philosophical and judicial question down to a single sentence that puts forth your understanding of the purpose of punishment. |
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#27 | ||||||||||||||||||||||||
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Core Member [227%]
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Yes.
Usually not - only the death penalty can assure this, but this isn't relevent.
No. This is what laws are for. Punishment is just the consequences of the action.
Maybe, maybe not, but again, this isn't relevent.
No. Punishment exists specifically because something did not protect society.
No. Punishment is simply the consequences of someone's (unlawful) actions. That individual can make amends, but that has no bearing on the punishment.
No. This is what parents are for. It's too late to learn that you should have obeyed a law after you have broken it.
There isn't any conflict. Punishment is the prescribed consequences of breaking the law. Period. Punishment isn't about deterrence, reform, rehabilitation, public safety, or anything else. |
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#28 | |||||||||
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Member [11%]
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The purpose of a legal system is to protect the citizenry. If we escalate crime or murder in the community, the act of punishment defies the purpose of the legal system that allows it. The law does not intend to preserve justice. Instead its stated purpose in this country is to promote life and liberty. Punishment and justice serve as a means to reach those goals and do not represent the ends in and of themselves.
Thrill killers act out of unreasonable motivations. By definition they are not acting logically. Reasonable deterrents have no effect on a man operating without reasonable capacity.
Local communities do have the right to enforce this punishment. However they must follow the law. The law is the way our rights are enacted. In this case, the overarching right is laid out in the fifth amendment. Every local community can enact punishments, as long as they are consistent with the personal rights provided by the constitution. If we are willing to throw away the constitutional rights provided every citizen, then the concept of rights for a local community become a meaningless farce. |
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#29 | |||
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Core Member [103%]
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The 4 people mentioned in the original link were all young men, hence the "young men like this" statement. |
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#30 | |||
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Core Member [227%]
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Many things could influence murder rates other than having the death penalty. Simply showing a correlation between the two doesn't isn't justification one way or the other. |
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#31 | |||
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Member [03%]
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As Warrior said, this isn't necessarily true. |
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#32 | |||
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Member [12%]
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Saying something over and over again doesn't make it right. Judges, politicians, and citizens have vastly different perspectives on the purpose of punishment. Your particular perspective is not universally shared (nor, I am confident, is it shared by a majority of the citizens of the US). Personally, I have the complete opposite perspective. I believe that the only proper purpose of punishment is deterrence (and some public safety in certain cases). I don't think there is anything you can say that would change my views on this matter but you certainly won't change my views simply by repeatedly proclaiming that your views are objectively correct. |
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#33 | ||||||
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Core Member [227%]
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I make no claim that my views are objectively correct. Clearly people disagree with me. I keep repeating myself hoping someone will come up with an argument I have not heard before that might change my mind. So far, no one has.
Nor does it really serve any purpose from my perspective either. I may support the death penalty, but it can still be quick and clean with minimal observation beyond those carrying it out. |
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#34 |
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New Member [01%]
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IMHO, quick death is too merciful for many criminals. I'd like to see the worst offenders (child abusers and rapists) locked up alone in windowless concrete boxes forever.
Murderers who can't be reformed might deserve capital punishment, though. I don't know, seems a bit barbaric, and it is very expensive. |
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#35 |
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Member [15%]
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I've always been pretty ambiguous about the death penalty. I understand the logic that murder should be punished with murder, but that assumes a perfect legal system that we do not have. Capital punishment is an absolute punishment. I think you need absolute proof beyond a shadow of a doubt (as opposed to reasonable doubt) to justify that kind of punishment. That kind of certainty simply does not exist in most cases.
As for public hanging; the emotional shock value from witnessing a public hanging cuts both ways. Those related to the perpetrator may feel very angry that their loved one was given such a harsh treatment (especially if prejudice is suspected). This could lead to more crime. Also, the second someone is hanged extrajudicially, public outrage will skyrocket. |
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#36 |
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Veteran Member [66%]
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I think the blame for this incident lies with the parents for raising these little bastards to think like this. I say let the parents swing with the kids. Too bad abortion can't be retroactive.
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#37 |
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Veteran Member [67%]
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This infuriates me:
To view links or images in this forum your post count must be 2 or greater. You currently have 0 posts. |
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#38 |
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Core Member [147%]
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The government shouldn't have the right to kill people. It's strange that many people in this thread posting in favor of giving the government the right to kill people have posted in other threads against giving the government the right to tax people, or prohibit guns etc. Your beliefs are inconsistent.
And I think it's because of emotions. Some crimes are, indeed, incredibly heinous. These crimes evoke in us an irrational, emotional reaction. All this stuff about deterrence is just so much justification. Likewise the "the government has to kill people so that private citizens won't take the law into their own hands!" Private citizens are rational beings capable of controlling themselves. The can and should be expected to do so even in the face of heinous crimes against their loved ones. Lets use reason when making policy instead of emotion, especially when it comes to policies of life or death. |
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#39 | |||
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Core Member [106%]
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Stop watching the news...it's part of the problem. |
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#40 | |||||||||
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Core Member [227%]
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I don't see anything inconsistent with those beliefs. They seem to be fairly unrelated. (Although I don't understand how anyone can argue the government doesn't have the right to tax people.)
I agree with the latter part of your statement, but there is nothing irrational about punishment having to fit the crime. In my opinion, the death penalty meets this criteria for some crimes.
Reason and logic have their (important) place, but they are not the only factors. I agree that this issue is of extreme importance. So much so that I'm not willing to limit myself to only listening to the rational arguments. If someone has something to add, they should add it. Maybe I will agree, maybe not, but the issue is serious enough that ideas should be aired out. |
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#41 | |||
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Core Member [147%]
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But it's more than people airing their ideas. It's killing people as an emotional response. Logic isn't the only thing in the world and of course emotions should be considered. But I don't think they should be considered in cases of life or death. |
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#42 | ||||||
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Veteran Member [67%]
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You present the theory of reason over emotion. Now, in theory reason will always hold sway. But theory is sometimes lacking where the rubber meets the road. Life is not lived in theory, it is lived in practice. Life is tenuous, precious, it's everything. The life of one is connected and bonded to all others who are connected and bonded to it. It's all we have in this universe. There is nothing more important in this short life than the love we have for our families, friends and neighbors. Every life is woven into the fabric of every other life it touches, some more than others. When a life is removed by evil the wound is shared by all those other lives, especially the closest lovedones. The wounds are lifetime wounds. This is practice, not theory. There is no punishment that can account for this so in theory, capital punishment serves no purpose. But punishment is not the issue nor is deterence. The issue is to recognize evil and remove it from this world as you would any malignancy that in the future could come back. |
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#43 |
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Core Member [147%]
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Ray, you don't know anything about my life or whether I have cause to have put my theory into practice or not. Just saying "life is theory in practice and reason isn't always enough" doesn't cut it.
Either you are a person who makes decisions about whether someone will live or die based on emotion or you are not. Also, the point of law is to remove mob rule and emotional reactions from the system. Law is supposed to be impartial and based on reason over emotion. That's what it was created for and that is the role it fills in our society. |
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#44 | |||
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Core Member [227%]
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Maybe I misunderstood you, but I'm don't mean the debate should happen every time there is a capital crime committed. I only mean when the debate is whether to have the death penality or not and if so, when it should be applied. I think people should speak their mind at that time, if only because they may have a point overlooked previously that could have a major impact on the discussion. After that, application should follow the rules and regulations laid out and the appropriate courtroom process. |
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#45 | ||||||
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Member [12%]
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Okay. There are several previous topics that have focused on this issue. I recommend checking out this
Deterrence is used to discourage behaviors that other people dislike. Parents use it to influence their children's behavior, the strong use it to influence the weak, and most relevantly, laws, police, and the courts use it to influence citizens' behavior. Criminals are singled out because criminal laws define the behavior that law-makers would like to discourage. I would argue that these laws aren't usually arbitrary; they reflect certain shared values of the law-makers. I would also like to point out that punishment does not need to be applied directly to deter. Expected punishment can deter. For example, I have been informed through many sources that there is a possibility that I will be imprisoned by the State if I murder someone. As such, I would factor in this expected cost before considering whether or not to commit a murder. |
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#46 | |||
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Core Member [147%]
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I took you to mean what you describe here, but I also take such things as going without saying. Of course we should all give our opinions and ideas on any issue we're interested in. I didn't mean that we should all shut up about it or that anyone who disagrees with me should shut up about it. I just meant to express my own thoughts on the matter. |
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#47 | ||||||||||||
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Member [40%]
MBTI: intj
Join Date: Jun 2008
Posts: 1,608
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Deterrence is a practical consideration, not an ethical one.
Hypothetically, if guilt COULD be established with 100% accuracy, would you be in favor of capital punishment for murder?
You are simply stating a personal preference. It's not an persuasive argument.
And I could present you with stats on killers who got off easy and the victim was left with the short end of the stick. |
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#48 | ||||||
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Member [11%]
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I can't answer for Lucid, but I would still be against capital punishment for any crime, assuming the criminal could be safely detained. It's important to separate the difference between the two situations though.
Continuing your theme Ray, evil is a nice theory, but in practice better tools can describe the phenomena. Abandoning old superstitious theories will offer more practical gains in preserving life, which we both value highly. |
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#49 | |||
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Core Member [147%]
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I still don't think the government should have the right to kill people. But if you could establish with 100% accuracy I'd have much less of a problem with it and other than that whole government over extending its authority thing I'd be fine with it. |
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#50 | ||||||
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Core Member [137%]
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It's interesting how many people, despite self-identifying as INTJs, are going with the Ray9 "this infuriates me [therefore by implication it's wrong]" strategy of deciding how to punish crimes. It strikes me as odd that Lucid's plea to use reason in these matters is not getting more traction in the discussion.
Last edited by yoginimama; 10-08-2009 at 09:07 AM.
Reason: clarification
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