alonzomourning23
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[quote name='sgs89']Whether an innocent person is likely to be wrongfully executed is not really the issue. After all, one could design the death penalty in such a way that there would be NO risk of an innocent person being murdered. For example, reserve the death penalty for cases where the murder was on film [/quote]
Ok, thats a good idea as long as the film is of decent enough quality
Bad idea, confessions are often gained on the assumption of leniency, of the defendant being scared, confused, threatened and occasionally even physical force is used. Here's an article on false confessions from psychology today http://www.psychologytoday.com/articles/pto-20030430-000002.html. A few choice excerpts:
http://www.psychologytoday.com/articles/pto-20030430-000002.html
Witnesses are human like everyone else. They lie (often for immunity, leniency or personal reasons and grudges) and they are sometimes well meaning but just wrong. Memory is not precise and memories often differ significantly from what originally occured, especially as more and more time passes. Sometimes it's not even that, you just have two people with similar physical characteristics and people confused the two.
And, actually, witnesses that appear certain and have precise memories of the events are, as a whole, less accurate than those who have a good idea of what happened but do have lingering uncertainty about their memory. Unfortunately, the more accurate group makes much less desirable witnesses.
Why should society decide primarily on a moral basis? Society and the people have to live with the results of these decisions. Therefore how practical it is, how beneficial it is should be the basis of these decisions. All these executions have done nothing to ensure the safety of society, and if there's a practical way to help limit future victims that should take precedence over any concept of "justice".
If you were to execute only those who are absolutely, 100% guilty, of no benefit to society, and an innocent person was never executed, then moral reasons would be acceptable. There would be no downside to executions other than monetary since the person would be of no use to society sitting in their cell or in the ground.
So you are aware that your suggestions, such as limiting appeals, time limits etc. will decrease the time available for new evidence, increase the burden on those who have incompetent public (or private) attornies, increase the amount of innocent people executed etc., right? I'm not sure why executing the guilty people is so important that you're willing to increase the risks to those wrongly convicted.
In my opinion anyone wrongly imprisoned is a victim, anyone wrongly executed is a victim, they are victims just as those who were raped and murdered on the street. If I'm reading your opinion correctly you don't agree, or at least not to the same degree.
Personally I don't think society is properly educated, or patient enough, to allow what would be required to do the best we can to ensure it is properly carried out.
Ok, thats a good idea as long as the film is of decent enough quality
, there was a confession,
Bad idea, confessions are often gained on the assumption of leniency, of the defendant being scared, confused, threatened and occasionally even physical force is used. Here's an article on false confessions from psychology today http://www.psychologytoday.com/articles/pto-20030430-000002.html. A few choice excerpts:
In December, the convictions of five men who confessed to the 1989 rape and beating of a jogger in New York's Central Park were reversed after an imprisoned rapist took sole responsibility for the assault. .....
Although it is difficult, if not impossible, to estimate the number of false confessions nationwide, a recent review of one decade's worth of murder cases in a single Illinois county found 247 instances in which the defendants' self-incriminating statements were thrown out by the court or found by a jury to be insufficiently convincing for conviction. (The Chicago Tribune conducted the investigation.)...
Suspects with low IQs are particularly vulnerable to the pressures of police interrogation..Suspects with compliant or suggestible personalities and anxiety disorders may be hard-pressed to withstand an interrogation......"A drug addict may not be particularly suggestible but may have a strong desire to get back out on the street.".....Self-incriminating statements are often the result of a kind of cost-benefit analysis.....The most common explanation given after the fact is that suspects "just wanted to go home."
This often indicates an inability to appreciate the consequences of a confession, a situation that police cultivate by communicating that a confession will be rewarded with lenient sentencing. Police may also offer mitigating factors--the crime was unintentional; the suspect was provoked...
http://www.psychologytoday.com/articles/pto-20030430-000002.html
at least two eye witnesses, etc.
Witnesses are human like everyone else. They lie (often for immunity, leniency or personal reasons and grudges) and they are sometimes well meaning but just wrong. Memory is not precise and memories often differ significantly from what originally occured, especially as more and more time passes. Sometimes it's not even that, you just have two people with similar physical characteristics and people confused the two.
And, actually, witnesses that appear certain and have precise memories of the events are, as a whole, less accurate than those who have a good idea of what happened but do have lingering uncertainty about their memory. Unfortunately, the more accurate group makes much less desirable witnesses.
The point is that the debate about the death penalty should be a moral one at its base, not a practical one.
Why should society decide primarily on a moral basis? Society and the people have to live with the results of these decisions. Therefore how practical it is, how beneficial it is should be the basis of these decisions. All these executions have done nothing to ensure the safety of society, and if there's a practical way to help limit future victims that should take precedence over any concept of "justice".
If you were to execute only those who are absolutely, 100% guilty, of no benefit to society, and an innocent person was never executed, then moral reasons would be acceptable. There would be no downside to executions other than monetary since the person would be of no use to society sitting in their cell or in the ground.
For the same reason, arguments about the death penalty being more expensive to administer than the cost of keeping someone in prison for life without parole really miss the point. We could certainly reduce the cost of administering the death penalty -- limit the number of appeals, place a time limit for executions to be carried out, etc. The fact that our system allowed Stan Williams to be on death row for 24 years (and to file countless appeals at taxpayer expense) is not an argument against the death penalty. It is an argument against the way we currently administer the death penalty.
So you are aware that your suggestions, such as limiting appeals, time limits etc. will decrease the time available for new evidence, increase the burden on those who have incompetent public (or private) attornies, increase the amount of innocent people executed etc., right? I'm not sure why executing the guilty people is so important that you're willing to increase the risks to those wrongly convicted.
In my opinion anyone wrongly imprisoned is a victim, anyone wrongly executed is a victim, they are victims just as those who were raped and murdered on the street. If I'm reading your opinion correctly you don't agree, or at least not to the same degree.
Personally I don't think society is properly educated, or patient enough, to allow what would be required to do the best we can to ensure it is properly carried out.