selfbnd411 -> RE: Studes Say Death Penalty Deters Crime (6/11/2007 6:53:29 PM)
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quote:
ORIGINAL: Vendaval Could you explain the last sentence please? The meaning is not clear to me. So if I understand you correctly, you would base the criminal justice system on mathematical equations, without any questions of ethics? "The cost to society of allowing innocent, productive members of society far exceeds the cost of executing those who prey on good citizens." Let's take a recent murder case--the 18 y/o woman who just graduated from high school and was abducted from the Target parking lot. She was going to go to college, and who knows what she could have been--a doctor, a lawyer, a teacher, a stockbroker. Any one of those professions would add millions of dollars in value to the Gross Domestic Product--I'm not just talking about her salary, I'm talking about the value of the goods she would produce. Or in the case of a teacher, the productive capacity her instruction would add to the students she educates. Compare that to the murderer--likely a ne'er'do'well, who tended to take more from society than he put in. Not only was he not producing, he chose to destroy someone who could have produced. His crime was not just against the person he killed or her family; it was against all society. That's why the charges in any crime read "The People of the State of California vs XXX." The person has infringed upon the rights of all the people, not just those of the victim. Secondly, no I wouldn't base the justice system on ethics per se. If you look at the basic structure of our government--the political philosophy upon which it is based, you see that our laws and society are not (or rather, should not be) based on the ethical judgements of any single individual. Locke argued that people have complete autonomy in a state of nature--they may do as they wish, but they are always at risk of having their liberty destroyed by those who are stronger than them. Thus, they band together and surrender some of their liberty in exchange for the protection accorded by banding together. They lose some liberty but they protect the bulk of it. Government is a contract between the people and the government to protect the liberty of individuals in exchange for all individuals obeying the law. Synergy's question was illogical and a trap. He wanted me to say "Oh I would not kill an innocent person," or "Oh I would kill an innocent person." I reject the concept that anyone is killing anyone. The juror who votes for death does not kill the individual being executed, guilty or not. The executioner does not kill the individual, guilty or not. The Government, acting as the agent of all the people, merely executes the contract. The individual, guilty or not, has been found to have violated the terms of the contract, and must pay the penalty for such. He has killed himself. This is why I said there were no ethics involved. It's not a question of whether I would be killing the individual. As a juror, mine is only to determine whether he is guilty of violating the contract. Whether I vote for life or death is immaterial. I included the statistics to demonstrate that the error rate is very low. It's statistically impossible to have a 0% error rate. Government cannot make policy based on the concept that if it cannot have perfection, it shall do nothing. One might say "We'll launch a health care initiative that will save 98% of the victims of Illness X," and then have that proposal rejected because it does not save 100% of such victims. It's illogical to expect perfection from anything involving humans.
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