January 22, 2011
— Gabriel Malor This has been slowly bubbling into the major media, though it's been coming for a long time. Hospira, the sole U.S. company that makes sodium thiopental, one of the drugs used for lethal injections, has announced that it will produce no more. Hospira has objected in the past to use of the drug for capital punishment, but claims to regret having to end production because the anesthetic has legitimate medical uses in hospitals.
Hospira said it decided in recent months to switch manufacturing from its North Carolina plant to a more modern Hospira factory in Liscate, Italy. But Italian authorities demanded a guarantee the drug would not be used to put inmates to death - an assurance the company said it was not willing to give."We cannot take the risk that we will be held liable by the Italian authorities if the product is diverted for use in capital punishment," Hospira spokesman Dan Rosenberg said. "Exposing our employees or facilities to liability is not a risk we are prepared to take."
Italian Health Ministry officials were not immediately available for comment.
All but one of the 35 states that employ lethal injection use sodium thiopental. In nearly every case, they use it as part of a three-drug combination that sedates and paralyzes the inmate and stops the heart.
. . .
In the fall, states including Arizona, Arkansas, California and Tennessee turned to sodium thiopental made in Britain. That supply dried up after the British government in November banned its export for use in executions.
Arizona, California, Kentucky, Ohio, and Oklahoma have had delays because of shortages, which will no doubt become worse when the small existing supply expires this year. Switching to a new drug will certainly provoke another round of legal challenges, despite the Supreme Court's recent rejection of the "cruel and unusual" argument.
Long-time readers of the blog know that I oppose capital punishment in most cases, though not on any bogus constitutional "cruel and unusual punishment" grounds. Drug shortages seem to me to be another contrived roadblock to lethal injection.
There is an elaborate legal dance to execution in this country. Carrying out a sentence of death has become a secular ritual, with exacting requirements for timing, procedure, and participants. Even judges who uphold the death penalty seem to add to these requirements, making it in fact harder to complete executions. That's really what the shortage worries are about. Hospira has upset the ritual.
I never understood the hand-wringing over whether a drug or a procedure could be found to kill that is relatively quick and painless because it seems to me that thousands of veterinarians employ such a drug every day. Unless you're now going to tell me that they've actually been torturing our elderly animals to death, the drug problem seems to have a pretty common-sense solution.
Indeed my home state still has some common sense:
Oklahoma has gone a different route, switching to pentobarbital, an anesthetic commonly used to put cats and dogs to sleep. The state has conducted two executions with that drug.
Pentobarbital is also used in Oregon's physician-assisted suicides, as well as legal suicides in the Netherlands and (until it was banned) Australia.
Posted by: Gabriel Malor at
07:10 AM
| Comments (292)
Post contains 548 words, total size 4 kb.
Posted by: Soothsayer at January 22, 2011 07:15 AM (uFokq)
Posted by: Dang at January 22, 2011 07:15 AM (TXKVh)
Posted by: Crimso at January 22, 2011 07:18 AM (VqeEm)
Posted by: EC at January 22, 2011 07:18 AM (f4TZ2)
Posted by: Gabriel Malor at January 22, 2011 07:19 AM (XVaFd)
To paraphrase Clinton, executions should be safe, legal, fast, and common for murderers.
Posted by: Vic at January 22, 2011 07:20 AM (M9Ie6)
Posted by: greatwhileitlasted at January 22, 2011 07:21 AM (HqFeB)
Posted by: Timbo at January 22, 2011 07:30 AM (ph9vn)
Posted by: moi at January 22, 2011 07:31 AM (Ez4Ql)
Posted by: moki at January 22, 2011 07:32 AM (dZmFh)
Posted by: Doktor "Scissors" Gosnell at January 22, 2011 07:35 AM (FcR7P)
Posted by: Zakn at January 22, 2011 07:35 AM (zyaZ1)
Posted by: Krugman: NOBEL at January 22, 2011 07:35 AM (fy8R6)
Posted by: moi at January 22, 2011 07:35 AM (Ez4Ql)
Rifle rounds are still relatively inexpensive. Just sayin' is all...
Seriously, this is a silly gesture on their part. I suspect a large enough dose of just about any general anesthetic would do the job. The whole reason we need anesthesiologists and CRNAs when you get put under is essentially to make sure you don't die.
Posted by: Insomniac at January 22, 2011 07:36 AM (OrJBb)
Posted by: moi at January 22, 2011 07:37 AM (Ez4Ql)
Posted by: steevy at January 22, 2011 07:38 AM (lJwOZ)
sigh this is sad
Posted by: chemjeff at January 22, 2011 07:38 AM (PaSAU)
Posted by: moi at January 22, 2011 11:37 AM (Ez4Ql)
But Jack and Bobbie told me they were diet pills!
Posted by: Marilyn Monroe at January 22, 2011 07:40 AM (OrJBb)
Posted by: Adriane at January 22, 2011 07:40 AM (dIik4)
Posted by: Dr. John Moses Browning at January 22, 2011 07:40 AM (TlQTs)
Posted by: sTevo at January 22, 2011 07:40 AM (wdthA)
and I'm also pro-life
Posted by: chemjeff at January 22, 2011 07:41 AM (PaSAU)
sigh this is sad
Posted by: chemjeff at January 22, 2011 11:38 AM (PaSAU)
I had a (relatively) minor operation some years back, and that was the anesthetic they used IIRC. Getting put under is the weirdest damn feeling I've ever experienced.
Posted by: Insomniac at January 22, 2011 07:43 AM (OrJBb)
Posted by: steevy at January 22, 2011 11:38 AM (lJwOZ)
they'd probably ban sodium thiopental exports to us because they think it's too wimpy to use for executions
Posted by: chemjeff at January 22, 2011 07:43 AM (PaSAU)
Posted by: sTevo at January 22, 2011 07:45 AM (wdthA)
Posted by: Hu Jintao at January 22, 2011 07:46 AM (9Lm5R)
Posted by: archie bunker at January 22, 2011 07:46 AM (0YS61)
Posted by: sTevo at January 22, 2011 07:47 AM (wdthA)
Screw the hide it form society.
Show 'em what happens when you "let loose."
Posted by: Mel Gibson at January 22, 2011 07:47 AM (tvs2p)
Posted by: moi at January 22, 2011 07:47 AM (Ez4Ql)
Also pro-life (although it irritates me that this is a litmus test some use to assess whether opposition to the death penalty is a valid position for someone to hold). They're apples and oranges.
Posted by: Y-not at January 22, 2011 07:48 AM (pW2o8)
Posted by: jjshaka at January 22, 2011 07:48 AM (myqwP)
yeah for the few times when I needed some serious oral surgery, the nitrous they administered made me loopy-crazy - it's weird
Posted by: chemjeff at January 22, 2011 07:48 AM (PaSAU)
Posted by: moi at January 22, 2011 07:49 AM (Ez4Ql)
Well, if it's good enough for your doctor to kill you (and get reimbursed by the state, if you're poor), it should be good enough for the state to kill you.
Posted by: HeatherRadish at January 22, 2011 07:49 AM (4ucxv)
Posted by: NC Ref at January 22, 2011 07:49 AM (/izg2)
I don't see how it does. Abortion is, for the most part, not a death sentence imposed by the State, even if the State does facilitate it.
Posted by: Y-not at January 22, 2011 07:51 AM (pW2o8)
Posted by: chemjeff at January 22, 2011 11:41 AM (PaSAU)
That's about the only anti-capital punishment argument that I find persuasive. I find nothing immoral or unjust about capital punishment (for appropriate offenses such as murder and child rape) per se - in some cases, I think withholding it is the immoral and unjust course. However, I tend to share chemjeff's lack of faith as to the courts, the lawyers (both the prosecution and defense) and the jurors.
Posted by: Insomniac at January 22, 2011 07:52 AM (OrJBb)
Note to self: next time, keep it small.
Posted by: Bernie Madoff at January 22, 2011 07:52 AM (/izg2)
Posted by: NC Ref at January 22, 2011 11:49 AM (/izg2)
well yeah, to the "tolerant", "open-minded", "critical thinking", "nuance discerning" left, you are a hypocrite, because they would much rather attempt to call you a hypocrite than actually analyze a logically cohesive argument
see they've learned something that we need to think about - the goal for them isn't to construct the best argument possible, the goal is to destroy their opponent's image
Posted by: chemjeff at January 22, 2011 07:52 AM (PaSAU)
Only to the people who can't discern a difference between an innocent baby and a convicted serial killer (and the people who think the difference is the latter has rights but the former doesn't).
Posted by: HeatherRadish at January 22, 2011 07:54 AM (4ucxv)
Posted by: t-bird at January 22, 2011 07:54 AM (FcR7P)
Posted by: moi at January 22, 2011 07:54 AM (Ez4Ql)
Posted by: NC Ref at January 22, 2011 11:49 AM (/izg2)
No, one is innocent the other is not.
Posted by: Timbo at January 22, 2011 07:55 AM (ph9vn)
I suggest punching a hole in the base of the skull and sucking out the brain. According to leftards, it's OK for babies, so why not murderers?
Posted by: Brown Line at January 22, 2011 07:56 AM (pH//s)
Posted by: steve h at January 22, 2011 07:56 AM (PgccJ)
Posted by: nevergiveup at January 22, 2011 07:57 AM (/Ibu8)
Posted by: toby928™ at January 22, 2011 07:57 AM (S5YRY)
Posted by: Joanie (Oven Gloves) at January 22, 2011 07:57 AM (wd0Iq)
Posted by: Vashta.Nerada at January 22, 2011 07:57 AM (9Uxl0)
Posted by: F.B. at January 22, 2011 07:58 AM (oLRg0)
Posted by: Chuck Grassley, United States Senator at January 22, 2011 07:59 AM (VXBR1)
Posted by: Y-not at January 22, 2011 11:48 AM (pW2o
Posted by: NC Ref at January 22, 2011 11:49 AM (/izg2)
This. It's funny how people that love to claim the mantle of intellect and grasp of nuance can't for the life of them seem to understand the difference between, say, executing a convicted murderer after exhausting the judicial process and killing an unborn baby for (almost always) the sake of personal convenience.
Posted by: Insomniac at January 22, 2011 07:59 AM (OrJBb)
I saw a show once about how a prison had a liason type person whose sole responsibility for I don't know how long was to interact with the families of the murdered victims while the prisoner went through the weeks before being put to death.
Gov't can make anything over-complicated. Can we out-source this, too?
Posted by: Mama AJ at January 22, 2011 07:59 AM (XdlcF)
Posted by: moi at January 22, 2011 07:59 AM (Ez4Ql)
Prison rape is another issue. Nobody should be raped or assaulted in prison, whether they are on Death Row or not. The fact that the state looks the other way when these things occur is another reason why we shouldn't put (peacetime) life-or-death decisions in the hands of the state anyway.
Posted by: chemjeff at January 22, 2011 07:59 AM (PaSAU)
Posted by: nevergiveup at January 22, 2011 08:01 AM (/Ibu8)
Posted by: nnptcgrad at January 22, 2011 08:01 AM (Opyrm)
Posted by: toby928™ at January 22, 2011 11:57 AM (S5YRY)
actually, carbon monoxide poisoning would prob. work just as well - it puts you to sleep first
Posted by: chemjeff at January 22, 2011 08:01 AM (PaSAU)
Posted by: t-bird at January 22, 2011 08:02 AM (FcR7P)
There is a large percentage of our population that won't discern any difference between these two, deliberately, because they're looking for the easy way out. Pathetic.
Posted by: NC Ref at January 22, 2011 08:03 AM (/izg2)
Italy's a funny country.
Almost as arrogant as France, and equally as reprehensible in their values.
Posted by: Soothsayer3P0 at January 22, 2011 08:03 AM (uFokq)
Posted by: moi at January 22, 2011 08:04 AM (Ez4Ql)
Probably not.
Ironically, the only class of criminals that I think are suitable for State execution are members of the military (or perhaps also police, since they are charged with the right to use lethal force) who commit serious crimes (murder, treason, spying). In that case, they accept living to a higher standard than the rest of us and are given powers over the rest of us, so I could see those folks' crimes being so abhorrent against society that they should pay the ultimate price. But, probably, even those folks shouldn't get it.
I have a different perspective. My dad had a terrible childhood with an abusive father. Really awful stuff. He worked his whole life in criminal justice (prisons, probation/social work), culminating with a job in a pilot prison program working with really scummy people. I think he was a better person for having done so and I know he did help some of those guys break the cycle of violence that they'd lived. And my dad is as conservative as they come.
Also from that I developed the sense that the death penalty is not applied "fairly." There's no doubt that if you have a great lawyer, you can avoid it much more readily than if you don't. That's a big problem, imho. Relying on the inefficiency of applying the death penalty (in most states) is not an adequate solution to that problem. And, it makes absolutely no sense to me that a person who robs a bank is subject to it, but a rapist is not.
Don't get me wrong, I wouldn't hold a candle in some vigil for a guy like Loughner, but I don't think it's good public policy for the State to kill its citizens.
Posted by: Y-not at January 22, 2011 08:04 AM (pW2o8)
Prison rape is another issue. Nobody should be raped or assaulted in prison, whether they are on Death Row or not.
And this is a good point, too. And also funny in a way because my mom, who was also extremely conservative (and a life-long Republican, whereas my dad had started out as a Democrat back in the Kennedy era) started her foray into public life (as a columnist) writing about prison reform.
Our prisons are a training camp for future criminals. We need to stop that.
Posted by: Y-not at January 22, 2011 08:06 AM (pW2o8)
Posted by: Michael Bloomberg at January 22, 2011 08:06 AM (MMC8r)
oh, and the next time some anti-death penalty ninny tells you, "But but but life in prison is worse than death!," tell them to go horsefuck.
The parole board here in MA released a felon from prison who was serving THREE LIFE SENTENCES. The felon robbed a department store the day after Christmas and shot and killed a police officer in the process.
Posted by: Soothsayer3P0 at January 22, 2011 08:07 AM (uFokq)
Posted by: chemjeff at January 22, 2011 11:52 AM (PaSAU)
Yeah...I CAN present my position logically to support both positions, the difficulty comes in getting the stupid libs to sit down and shut up and listen for two minutes after they hear the words "abortion" and "death penalty." And I've pretty much given up trying.
Posted by: NC Ref at January 22, 2011 08:07 AM (/izg2)
The families are jerked around so much by the numerous stays it is sickening. They are also harassed by habeas corpus attys and anti DP jerks.
Blech. What a circus.
Posted by: Mama AJ at January 22, 2011 08:07 AM (XdlcF)
Then charge the family for the carbon credits...
Posted by: Insomniac at January 22, 2011 08:07 AM (OrJBb)
Posted by: logprof at January 22, 2011 08:08 AM (BP6Z1)
Posted by: moi at January 22, 2011 08:08 AM (Ez4Ql)
Can anyone explain to me why Charles Manson isn't room temperature? And why one cent of tax money should be spent to keep him alive?
IMO the DP should be used on sub-humans like Loughner (and that monster/baby-killer in Philly). And I realize that if his parents or the sheriff or anybody had intervened, six innocent lives would have been saved. But they didn't or couldn't, and now there is a memorial where there shouldn't be one.
We should draw a line where we say "You will die for your actions." For some, it will serve as a deterrent. For the others who won't, make certain that society is free of them. They should be executed with haste, within a year, max.
Sorry Gabe, but to me, our current DP policies only help lawyers. Endless appeals and the massive amount of taxpayers money spent on them do not serve to protect society in any way. Thugs like Mumia and Manson should have been executed a long time ago.
Posted by: BackwardsBoy at January 22, 2011 08:09 AM (b6qrg)
Posted by: nickless at January 22, 2011 08:10 AM (MMC8r)
When did prison become about "rehabilitating" criminals instead of protecting the public from them?
Not an improvement.
Posted by: HeatherRadish at January 22, 2011 08:11 AM (4ucxv)
Prison rape is another issue. Nobody should be raped or assaulted in prison, whether they are on Death Row or not.
And this is a good point, too. And also funny in a way because my mom, who was also extremely conservative (and a life-long Republican, whereas my dad had started out as a Democrat back in the Kennedy era) started her foray into public life (as a columnist) writing about prison reform.
Our prisons are a training camp for future criminals. We need to stop that.
Posted by: Y-not at January 22, 2011 12:06 PM (pW2o
+1 I have to confess, I have used the prison shower thing as a punchline before. However, when you read about what really goes on, and what it does to the victims (who tend to be the younger, weaker, less-violent offenders, as I understand it) it's truly an awful thing.
Posted by: Insomniac at January 22, 2011 08:12 AM (OrJBb)
Posted by: Y-not at January 22, 2011 11:48 AM (pW2o
--Exactly. Why is it so hard to believe that it's pro-life to argue that the state has a right to validate life by reserving the ultimate penalty for crimes that remove the lives of the innocent?
Posted by: logprof at January 22, 2011 08:13 AM (BP6Z1)
I guess it was to allow people who hold religious beliefs against killing the ability to do their jobs - acting as an individual on behalf of society - with some measure of consistency with their morals. It kind of makes it less of a personal act.
Posted by: Y-not at January 22, 2011 08:13 AM (pW2o8)
Posted by: Joanie (Oven Gloves) at January 22, 2011 08:13 AM (wd0Iq)
It's not that society has given up on these people, these people have given up on society. And society has to protect itself.
Posted by: KG at January 22, 2011 08:14 AM (2k/Dg)
Posted by: Onlooker at January 22, 2011 12:04 PM (0hNjS)
That
was the start of the silliness, I think. If society sentences someone
to death, then society must be willing to just kill him. Just the
implication that it's acceptable to assign some sort of guilt to this
procedure is wrong.
Posted by: iknowtheleft at January 22, 2011 12:10 PM (G/MYk)
I think the thought behind that is for each shooter to not know if it was them that actually killed a human being.
I couldnt do it.. no matter who it was. I would also wonder who is the person who would volunteer for that.
Posted by: Timbo at January 22, 2011 08:14 AM (ph9vn)
Seriously, though, I think I know why we don't use the firing squad anymore.
Unions.
Think about it. I'm pretty sure that the Correctional Officers union probably have a clause in the contract forbidding CO's from cleaning up splattered brains and whatnot. You know, because it's a blood borne infection hazard.
Posted by: Xoxotl at January 22, 2011 08:14 AM (CbVPH)
96 Nitrogen mask. (oxygen mask hooked to nitrogen bottle instead)
How about liquid nitrogen? Combine with a drop off the prison roof, and now you've got entertainment!
Posted by: Insomniac at January 22, 2011 08:15 AM (OrJBb)
Posted by: Kermit Gosnell, MD at January 22, 2011 08:15 AM (a5ljo)
Posted by: JackStraw at January 22, 2011 08:15 AM (TMB3S)
Posted by: Stalin at January 22, 2011 08:15 AM (/Ibu8)
Posted by: Comrade Arthur at January 22, 2011 08:16 AM (sQWnH)
When did prison become about "rehabilitating" criminals instead of protecting the public from them?
Not an improvement.
Posted by: HeatherRadish at January 22, 2011 12:11 PM (4ucxv)
Robert Kennedy.
Posted by: Timbo at January 22, 2011 08:16 AM (ph9vn)
BWAHAHAHAHA.
Posted by: NC Ref at January 22, 2011 08:16 AM (/izg2)
The are you pro-life question is usually applied by pro-DP people as a "gotcha." The problem is, that it focuses on the recipient of the death penalty (execution or abortion) and completely ignores the perpetrator of the act (both happening to be legal at this time, although I would argue that abortion is unconstitutional).
They are completely different things, both in terms of the victims/recipients of death and in terms of who is doing it. I am surprised that limited-government conservatives cannot at least acknowledge that fact, even if they still support the death penalty.
Posted by: Y-not at January 22, 2011 08:16 AM (pW2o8)
Fat people are a threat to national security.
Posted by: Michelle O at January 22, 2011 08:17 AM (4ucxv)
I had a (relatively) minor operation some years back, and that was the anesthetic they used IIRC. Getting put under is the weirdest damn feeling I've ever experienced.
Posted by: Insomniac at January 22, 2011 11:43 AM (OrJBb)
That was probably sodium barbitol, a widely used anesthetic. They used that to put me out.Posted by: Ed Anger at January 22, 2011 08:18 AM (7+pP9)
Also, an experienced soldier can easily tell the difference in recoil from a real live round and a blank. The entire ritual of issuing out a blank or two at random so the soldier could have some measure of internal peace seemed kind of silly under those circumstances.
Posted by: Xoxotl at January 22, 2011 08:18 AM (CbVPH)
Sure. Depriving someone of life...without due process of law....
It doesn't seem very complicated to me.
Posted by: NC Ref at January 22, 2011 08:19 AM (/izg2)
Who said it wasn't about protecting the public or punishing the criminals? Of course it is, that's a give.
If you want to warehouse criminals - of all stripes, not just murderers - without any attempt to rehabilitate them, then feel free to give those guys your home address when they are released after they've served their time. Because I guarantee you that 10 or 15 years in the penitentiary is not going to make a guy suddenly come out as a reformed criminal unless you make some effort to rehabilitate him.
It's just common sense to try to rehabilitate them.
Posted by: Y-not at January 22, 2011 08:20 AM (pW2o8)
Also, an experienced soldier can easily tell the difference in recoil from a real live round and a blank. The entire ritual of issuing out a blank or two at random so the soldier could have some measure of internal peace seemed kind of silly under those circumstances.
Posted by: Xoxotl at January 22, 2011 12:18 PM (CbVPH)
OMG, didnt know that... I thought it would be prison guards.
Posted by: Timbo at January 22, 2011 08:21 AM (ph9vn)
Seems a tad stupid to me.
Posted by: JackStraw at January 22, 2011 12:15 PM (TMB3S)
You mean, we don't want violent, aggressive, antisocial types getting bigger and stronger while serving their sentences?
The reason usually given for weight rooms, TV, libraries etc. in prison is that it keeps the inmates occupied so there's less violence, allows the COs to keep order more easily and so forth. I don't see why they don't just have them breaking rocks in the hot sun or working chain gangs - that would keep them plenty busy - but then again I'm not an expert in penal penis the prison system.
Posted by: Insomniac at January 22, 2011 08:21 AM (OrJBb)
I would take that as a part-time job. This would be one of the advantages of having no internal moral compass. I'd hang a dozen and sleep like a baby because I'm just an agent of the state.
Posted by: toby928™ at January 22, 2011 08:21 AM (S5YRY)
On the flip side, I believe that the death rows of many states are filled with people who have overstayed their welcome on this planet -- and I really don't much care about the details of their eviction. The extreme attention devoted to making their final moments more pleasant than their victims' wastes a tremendous amount of resources that could be better spent elsewhere.
Posted by: cthulhu at January 22, 2011 08:22 AM (kaalw)
Posted by: Soothsayer3P0 at January 22, 2011 08:23 AM (uFokq)
They don't come out reformed now. The recidivism rate is around 2/3.
It's like every other gov't social-welfare program...the people who want to make something of themselves are going to work on making something of themselves, program or not, and the rest are just going to chew up money.
Posted by: HeatherRadish at January 22, 2011 08:23 AM (4ucxv)
Posted by: Y-not at January 22, 2011 12:20 PM (pW2o
One problem is that they can fake it. Then kill another innocent.
Personally, if we don't kill violent criminals, they need to be put away for life and with zero amenities. But that's just me.
Posted by: KG at January 22, 2011 08:23 AM (2k/Dg)
Posted by: Y-not at January 22, 2011 12:20 PM (pW2o
Robert Kennedy changed the way the US looked at punishment.
Posted by: Timbo at January 22, 2011 08:24 AM (ph9vn)
If it is insane it is sick and should be put down.
If it is sane it made a rational choice and should suffer the consequences.
I also am a proponent of tougher sentencing measures for lesser crime such as public flogging.
I am also of the opinion that rapists and pedophiles should be put down as well.
Posted by: Holger at January 22, 2011 08:24 AM (YxGud)
--P.J. O'Rourke
Posted by: logprof at January 22, 2011 08:25 AM (BP6Z1)
Posted by: Soothsayer3P0 at January 22, 2011 12:24 PM (uFokq)
Who says they did?
Posted by: Joe Biden at January 22, 2011 08:25 AM (PaSAU)
Those sorts of programs are political hot potatoes, so the people working in them get partially funded or lose their funding midway through the program. I'm not sure how many instances there have been of real concerted efforts to try to fix these guys. My dad was part of a model program in MD that was having success, only to have its funding cut during an election year.
I don't think it's correct to assume that everyone working in the prison or criminal justice system is Sheriff Dupnik level stupid and greedy.
Posted by: Y-not at January 22, 2011 08:26 AM (pW2o8)
You mean, we don't want violent, aggressive, antisocial types getting bigger and stronger while serving their sentences?
The reason usually given for weight rooms, TV, libraries etc. in prison is that it keeps the inmates occupied so there's less violence, allows the COs to keep order more easily and so forth.
Let them do aerobics. It's win-win.
Posted by: Mama AJ at January 22, 2011 08:28 AM (XdlcF)
1. trial phase, requires substantial evidence and beyond "eye witness" testimony unless the witness has direct observation within 10 feet or less.
2. Conviction, requires unanimous jury verdict.
3. Following the trial a separate judge reviews the entire trial proceedings. Defendant's lawyer may present evidence as to why he thought the trial was unfair. This completed no later than 6 months after trial.
4. Defendant goes to death row or new trial dependent on review. If in death row:
5. Within 1 month may appeal to Gov for clemency. (President if federal)
6. After 1 month and no clemency execute. The only prohibited method would be drawing and quartering which was the intent of the founders.
This process should take less than a year and be much cheaper than the current mess.
Posted by: Vic at January 22, 2011 08:29 AM (M9Ie6)
Posted by: Joanie (Oven Gloves) at January 22, 2011 08:30 AM (wd0Iq)
I sanction both, and feel myself to be devout on the NC Ref scale of Christianity. But if the state would change their policies about releasing violent offenders, instead keeping them segregated for life from the non-criminal element of society, it wouldn't be difficult for me to advocate doing away with capital punishment.
It'll never happen though.
Posted by: NC Ref at January 22, 2011 08:32 AM (/izg2)
29 Gabe I'm with you, I don't favor the death penalty either, but it's mainly from a libertarian viewpoint - I don't trust the state to be accurate enough to know that every single DP verdict is correct and that the state therefore isn't putting an innocent man to death
and I'm also pro-life
Posted by: chemjeff at January 22, 2011 11:41 AM (PaSAU)
I look at it pretty much the same way.In my area there's a classic path to becoming a judge for life:
1) Get elected DA.
2) Secure a death penalty in a high profile case.
3) Run for judge.
I also don't trust a lot of detectives, either. There's no easier way to pesky case out of the way than pin it on someone who winds up dead.
Posted by: Ed Anger at January 22, 2011 08:34 AM (7+pP9)
Posted by: NC Ref at January 22, 2011 08:35 AM (/izg2)
So Italy doesn't want us to use this stuff for executions of inmates? Simple. Just move the inmates to Barack's health plan. A little counseling about treatment options. Shit we're ordering it by the barrel just to reduce the social security rolls. Death with dignity. Just think of the hundreds of thousands of jobs created. Problem solved. Hey that's my ice cream cone.
Posted by: Joe Biden at January 22, 2011 08:35 AM (490S/)
Posted by: JackStraw at January 22, 2011 08:36 AM (TMB3S)
I can see that in the abstract but, I don't think that there has been a credible doubt about the guilt of anyone actually executed in the last 50 years. Not that someone wasn't sentence who was later exonerated, though I'll bet you could count those cases on two hands.
Maybe someone can put me some knowledge on this though.
Posted by: toby928™ at January 22, 2011 08:38 AM (S5YRY)
Posted by: Joe Biden at January 22, 2011 08:38 AM (490S/)
Posted by: moi at January 22, 2011 08:39 AM (Ez4Ql)
If it is insane it is sick and should be put down.
If it is sane it made a rational choice and should suffer the consequences.
I think the distinction would be "curably sick" v. "sick". If, for instance, someone is a psychopath from the get-go, they are lacking in something and are not likely to improve. On the other hand, if someone is taken over by an organic condition, then there may be a core person that might be salvaged. On the flip side, so few of these mental aberrations are curable, so it may be just wishful thinking.
In Heinlein's time, I suspect that essentially none of the mental illnesses were curable, which puts us both in the exact same place.
What makes me suspicious are things like the potential link between toxoplasmosis and schizophrenia -- it just doesn't seem right to put someone to death because his parents had a cat. But only if you can find a way to get the parasite out and reverse the damage.
Posted by: cthulhu at January 22, 2011 08:41 AM (kaalw)
The problem with ending capital punishment is that the next thing antis will go after is LWOP. That, too, will be claimed to be cruel and unusual; I don't think Europe even has that modicum of justice (maybe 10-15 years [their LIFE] for heinous murderers).
I also think you sell short the cost of the aging in prisons. That is a cost that is going up by leaps and bounds thanks to three strikes alone. And let's not forget transplants thanks to all the drug abusers, and now SRS is coming onto the radar.
Better to kill the bastards because convicted murderers have been known to kill behind bars, both other inmates and staff. Kenneth McDuff is the poster child for a murderer sentenced to death, commuted after SCOTUS stopped executions in 1972, paroled, only to commit murder again and that time Texas finally took out the trash and he was finally executed.
Posted by: RickZ at January 22, 2011 08:42 AM (vGy3W)
Posted by: moi at January 22, 2011 12:39 PM (Ez4Ql)
Not true. I dont believe its anyone's right to take another life. Put the creep in jail for the rest of his life.. never let him out. Let God judge him.
Posted by: Timbo at January 22, 2011 08:43 AM (ph9vn)
Posted by: HeatherRadish at January 22, 2011 11:49 AM (4ucxv)
Ding, ding! That should end the spectacle of judges faking concern for cruel and unusual punishment and causing this dance.
Posted by: AmishDude at January 22, 2011 08:44 AM (BvBKY)
Posted by: nevergiveup at January 22, 2011 08:45 AM (/Ibu8)
Just use nitrogen. Seal the convict in a room, and flood the chamber with nitrogen. He'll just pass out, and then die, because nitrogen is inert. He won't even realize it, because nitrogen makes up the majority of the gas we breath anyway. So he'll be breathing normally, and then lights out.
A couple of NASA engineers were accidentally killed in this way. Just look up itorgen asphyixiation
Posted by: Iblis at January 22, 2011 08:47 AM (7IdP1)
Posted by: t-bird at January 22, 2011 08:48 AM (FcR7P)
Posted by: MLK(jr) was a communist homosexual bartender with AIDS at January 22, 2011 12:47 PM (+u6Lh)
Self defense is a totally different thing. I never said I would not defend my family.
Posted by: Timbo at January 22, 2011 08:50 AM (ph9vn)
Posted by: JackStraw at January 22, 2011 08:51 AM (TMB3S)
I'd like to see it applied to certain rape convictions, as well.
Posted by: garrett at January 22, 2011 08:54 AM (ltGgD)
Posted by: Joanie (Oven Gloves) at January 22, 2011 12:30 PM (wd0Iq)
That's probably an Eighth Amendment violation, right there. Why not just shoot them up with Depo-Provera? Quicker and would probably have the same hormonal effect...
Posted by: Insomniac at January 22, 2011 08:54 AM (OrJBb)
Do you support the US gov't deploying troops with the express purpose of killing people some of whom may have done absolutely nothing to any person but were merely drafted into the service of their country?
We, our society, has supported the killing of people who are enemies of the state since our founding. Opposition to the death penalty is merely a decision on where you draw the line, it is not a black and white moral position.
Posted by: JackStraw at January 22, 2011 12:51 PM (TMB3S)
War and self defense are totally different issues than the death penalty.
Posted by: Timbo at January 22, 2011 08:55 AM (ph9vn)
See, there's the rub. Intention. People kill other people all the time, but few are considered murder and even fewer come up for the death penalty.
If someone cut their finger while cleaning the catbox, freaked out and started hearing voices, killed some people, but could be given an anti-parasite drug and some therapy and returned to a normal life, what would be the purpose of a death penalty in this case?
On the flip side, if someone had been beaten as a child, escaped to child services at 8, and 30 years later tortured and killed someone, why would you want to keep this guy around? If 30 years of polite society aren't enough to get over your childhood trauma, what's the chance that another 10 years in prison will help?
Posted by: cthulhu at January 22, 2011 08:56 AM (kaalw)
Posted by: MLK(jr) was a communist homosexual bartender with AIDS at January 22, 2011 12:53 PM (+u6Lh)
No, its not. Its vengence killing.
Posted by: Timbo at January 22, 2011 08:58 AM (ph9vn)
Posted by: cthulhu at January 22, 2011 12:56 PM (kaalw)
Seems to me you'd be an expert on insanity and death.
Posted by: Insomniac at January 22, 2011 08:58 AM (OrJBb)
Posted by: Python, Monty at January 22, 2011 09:03 AM (7EV/g)
I would think about it while in the shower. I would think about it while at work. I would think about it while sitting along the river. And, ultimately, it was during a drive that I found the comfort of a decision belief:
When there is no doubt.
When there is incontrovertible evidence.
When the crime meets the standard of heinous.
I have no concerns whatsoever with the death penalty.
Posted by: jmflynny at January 22, 2011 09:03 AM (piMMO)
So ... the only people who end up
really suffering from his sickness (since he wasn't "there" when he was
'sick') are those he's killed? Sorry. Even normal people who kill
others totally by accident that was no fault of their own, tend to still
feel guilty about it. The sicko, upon "recovering" should kill himself
for the damage he has caused.
And I would even stipulate (purely for the debate) that psychiatrists actually had a clue about anything.
Take the other side -- if a guy with 3 DUIs goes on a toot, loses control on a curve, rolls down an embankment and squashes a baby carriage, should this be a DP case? Most people would say this is not, but this person has more of a direct link between willful misbehavior and death than a person overcome by mental disease.
What if a guy had a brain tumor and his personality changed after it was excised?
I have my own concerns about psychiatrists having a clue -- and I think we could clear out 95% of death row inmates before worrying too much about it -- but there are cases where you go, "hmmmm....."
Posted by: cthulhu at January 22, 2011 09:04 AM (kaalw)
Posted by: MLK(jr) was a communist homosexual bartender with AIDS at January 22, 2011 12:53 PM (+u6Lh)
No, its not. Its vengence killing.
Posted by: Timbo at January 22, 2011 12:58 PM (ph9vn)
You say vengeance like it's a bad thing. What if he said "life imprisonment without possibility of parole"? Would that be vengeance imprisonment?
Posted by: Insomniac at January 22, 2011 09:04 AM (OrJBb)
You say that like it's a bad thing.
Posted by: mpurinTexas (kicking Mexico's ass since 1836) at January 22, 2011 01:04 PM (paOeu)
It is. Why would someone want to become a murderer. no matter how noble they think it is.. Would you not be doing the same thing you say you abhor?
Posted by: Timbo at January 22, 2011 09:09 AM (ph9vn)
I would suggest bringing back public crucifixtion -- put them along our interstate system -- because the Romans had the right idea. But that's just me.
I worked in an animal shelter for a while -- put down perfectly nice animals whose only crime was that nobody wanted them (heh, kinda like some kids)...if they had to die for society's sins, then why not murders, rapists, and pedophiles? I (reluctantly and sadly though it was) supported their deaths because of the harsh realities of life in an imperfect world, why not the deaths of scum who had done evil things?
Posted by: unknown jane at January 22, 2011 09:09 AM (5/yRG)
Posted by: JackStraw at January 22, 2011 09:10 AM (TMB3S)
War and self defense are totally different issues than the death penalty.
Great philosophers such as Thomas Aquinas disagree with you. War and the death penalty are the State acting in defense of its citizens. This is the only reason they are moral.
Posted by: kidney at January 22, 2011 09:11 AM (ENRGu)
You say vengeance like it's a bad thing. What if he said "life imprisonment without possibility of parole"? Would that be vengeance imprisonment?
Posted by: Insomniac at January 22, 2011 01:04 PM (OrJBb)
protecting innocents by incarceration for life is not vengeance.
Posted by: Timbo at January 22, 2011 09:11 AM (ph9vn)
wow, lay off the meds there moi
Posted by: chemjeff at January 22, 2011 09:12 AM (PaSAU)
You should be more specific when making that argument.
Some countries already apply the death penalty for rape, unfortunately, it is more often applied to the victim.
Posted by: jmflynny at January 22, 2011 09:12 AM (piMMO)
For me, it's 5.7, tops.
Posted by: toby928™ at January 22, 2011 09:12 AM (S5YRY)
Stock up on steak knives.
Posted by: Merovign, Bond Villain at January 22, 2011 09:13 AM (bxiXv)
And this only holds water if you are absolutely certain the criminal actually committed the crime for which he was accused. A 99.99999% success rate isn't good enough, because that 0.00001% means that an innocent person was executed.
Posted by: chemjeff at January 22, 2011 09:13 AM (PaSAU)
Posted by: Jean at January 22, 2011 09:15 AM (CPefM)
Meh. Shit happens. Thousands of people die every year to no point or purpose. Sure, it sucks if its you or yours, but the sentiment is hogwash. We don't make that call in any other facet of life.
Posted by: toby928™ at January 22, 2011 09:15 AM (S5YRY)
sure if someone did something horrible to my sister, I'd want to personally tear the perp's eyes out myself and do it slowly and painfully
but that doesn't mean it should be the law of the land
Posted by: chemjeff at January 22, 2011 09:15 AM (PaSAU)
Great philosophers such as Thomas
Aquinas disagree with you. War and the death penalty are the State
acting in defense of its citizens. This is the only reason they are
moral.
Posted by: kidney at January 22, 2011 01:11 PM (ENRGu)
I am not justifying war.
How is a man locked up for life not the state protecting its citizens? Why do they have to be put to death to protect society?
Posted by: Timbo at January 22, 2011 09:16 AM (ph9vn)
I disagree with the success rate argument. Apply it to war and you could never have one. Similarly, your argument ignores the deaths of innocents at the hands of the convicted. How many gaurds and other inmates are killed at the hand of those who could have been executed?
Posted by: kidney at January 22, 2011 09:17 AM (ENRGu)
well, that is just too nihilist for me. I'm a tad more optimistic. Besides I don't want to be that 0.00001%.
Posted by: chemjeff at January 22, 2011 09:17 AM (PaSAU)
Posted by: The Catholic Church at January 22, 2011 09:17 AM (w7TI0)
Truth. But if we carried that logic to any other facet, air travel and automobiles would be outlawed as a moral necessity. Everything is a trade off.
Posted by: toby928™ at January 22, 2011 09:18 AM (S5YRY)
Posted by: JackStraw at January 22, 2011 09:19 AM (TMB3S)
Hey, and doesn't a recidivist murderer blow that calculus out? If we parole a bank robber, and he goes on to kill someone later, aren't we then culpable?
This almost argues that every crime should be a life sentence.
Posted by: toby928™ at January 22, 2011 09:21 AM (S5YRY)
1-Someone must gaurd the convict and thus be vulnerable to attack.
2- Others will be housed with the convict and also be vulnerable.
3- People escape.
4- Life without parole seems to have little deterrent effect.(to be fair the current application of the death penalty has little as well)
Posted by: kidney at January 22, 2011 09:21 AM (ENRGu)
Ok then, if the death penalty is a big no-no, I support my hippie friend's alternative (she was dead set against the death penalty for ideological reasons): toss murders, rapists, and pedophiles (and by these I mean they pass the Whoopi standard of murder-murder) into something akin to the Black Hole of Calcutta for the rest of their lives. Entire life spent in pitch black pit, sweltering in summer, freezing in winter, where they have to fight off the rats for their crusts of bread and tepid water.
She was a hippie, and opposed to the death penalty, but she also worked for a children's advocacy group, specializing in prosecuting and tracking sex offenders. You could say she was raped by reality (personally I always thought she was an in the closet conservative).
Posted by: unknown jane at January 22, 2011 09:24 AM (5/yRG)
well, I don't apply it to war.
First, in war, the "collateral damage" is (hopefully!) members of the other side. Not our citizens. No legal obligation to protect them.
Second, we tolerate behavior in war that we would not tolerate in peacetime because the stakes are so dire. Ex: rationing. We tolerate the state telling us how much milk we can buy (infringing on our property rights) because the alternative is to have no property rights at all, if the enemy is victorious. In peacetime we don't need to make such tradeoffs. The alternative to not executing a murderer is NOT that more murders will occur - we can imprison for life without parole.
Posted by: chemjeff at January 22, 2011 09:24 AM (PaSAU)
Posted by: toby928™ at January 22, 2011 01:18 PM (S5YRY)
Well, not really - it's my choice whether or not to drive a car or fly on an airplane, knowing the risks involved. With DP, I'm subjected to the risk of being executed even if I'm innocent, without any real say in the matter.
Posted by: chemjeff at January 22, 2011 09:26 AM (PaSAU)
OK, I've got one for you -- Joe Citizen, 35-year-old nice guy with a history of nebbishness, is driving along when he is rammed by Simon Sixpack, the DUI-collecting asshole from my previous comment. Because of this, he incurs some reversible brain damage that changes his personality. After three weeks, he wakes up with the mother-and-father-of-all-headaches and finds a pile of bloody clothes in his room -- not all of them his. "My god, what have I done?" says he and goes to turn himself in.
Medics find that brain swelling had been the primary cause of his extended blackout (and headache), and it ended when the swelling reduced. Now that he's getting medical care, the inflammation is rapidly brought under control. During this treatment, however, police put together evidence that he performed three rather brutal killings during his incapacity.
Death penalty, because he's a sick bastard that intentionally stalked and killed people?
Posted by: cthulhu at January 22, 2011 09:26 AM (kaalw)
Timbo, if I understand you, you're saying that capital punishment for committing murder = vengeance = wrong/unacceptable, but that imprisonment as punishment for committing murder = not vengeance = good/acceptable. Is that an accurate summary?
Posted by: Insomniac at January 22, 2011 09:26 AM (OrJBb)
Posted by: C.S Lewis at January 22, 2011 09:27 AM (RHFUq)
Nice. Someone else once said that Justice is like capital, mercy, like interest. You can't have the latter without the former.
Posted by: toby928™ at January 22, 2011 09:28 AM (S5YRY)
Hey, and doesn't a recidivist murderer blow that calculus out? If we parole a bank robber, and he goes on to kill someone later, aren't we then culpable?
This almost argues that every crime should be a life sentence.
I don't follow. Personally I'd be fine with doing away with parole altogether, at least for felonies.
Posted by: chemjeff at January 22, 2011 09:29 AM (PaSAU)
Posted by: Thomas Mann at January 22, 2011 09:30 AM (OrJBb)
Posted by: Jeff Weimer at January 22, 2011 09:31 AM (1Mn8Z)
Posted by: Ncj the non-terrorist cabbie at January 22, 2011 09:31 AM (WD73D)
Maybe Madoff and Manson would become friends.
Removes my moral dilemma.
Posted by: RedneknSC at January 22, 2011 09:31 AM (UfvyB)
206 No, because he has not met the criterion for the recidivist murderer (which I do believe exists, much like the recidivist pedophile -- some people are just habitual in these actions). Therefore he does not warrant the death penalty because it can be proven that there were circumstances beyond his control that contributed to his murder spree. There is a high likelihood that he can be rehabilitated. This applies to many murders committed, and is the reason why the death penalty is considered punishment in extremis. You have to be an extreme criminal to warrant it.
Now, somebody like Jeffery Dahmer or Mumia probably meet the criterion -- and most cases like this do not usually wind up with an innocent person convicted of the crime. Most people are not predators, but some are -- and I see no reason to keep them alive.
Posted by: unknown jane at January 22, 2011 09:33 AM (5/yRG)
Aquinas is both a Saint and a Doctor of The Church.
Posted by: kidney at January 22, 2011 01:22 PM (ENRGu)
Posted by: Timbo at January 22, 2011 09:33 AM (ph9vn)
Posted by: chemjeff at January 22, 2011 01:29 PM (PaSAU)
I don't know about that. There are felony statutes out there which are traps for the unwary, or criminalize activity you'd otherwise have no idea was unlawful.
Posted by: Insomniac at January 22, 2011 09:35 AM (OrJBb)
We, as a society, have a far greater chance than 0.00001% of sentencing an innocent to death by releasing any prisoners, ever.
Posted by: toby928™ at January 22, 2011 09:35 AM (S5YRY)
The costs of trying a death penalty case can be staggering, both in terms of money and sheer manpower. Depending on the jurisdiction, the cost may be charged to a local prosecutor's office and take a substantial segment of the budget for that office.
Again depending on the jurisdiction, the cost may be for naught if a jury does not impose the death penalty.
There has been established a whole legal industry whose point is precisely to make death penalty cases too expensive.
It is too bad, but in some jurisdictions at least the benefit does not nearly outweigh the cost.
Posted by: Tonawanda at January 22, 2011 09:37 AM (fgysf)
and I'm also pro-life
My feeling exactly. I've seen several cases here in San Diego where people have been railroaded and then several years later, oh, huh, well looky here, they're innocent after all. Just not worth it to me.
I'm so pro-life in fact I spent a weekend in juvie when I was 17 for protesting outside a clinic. Good times.
Posted by: pajama momma at January 22, 2011 09:38 AM (+6OZ7)
Posted by: RickZ at January 22, 2011 09:38 AM (vGy3W)
Posted by: RedneknSC at January 22, 2011 09:40 AM (UfvyB)
New York wimped out on the death penalty long ago.
Posted by: MarkD at January 22, 2011 09:40 AM (0Jy1K)
Timbo, if I understand you, you're saying that capital punishment for committing murder = vengeance = wrong/unacceptable, but that imprisonment as punishment for committing murder = not vengeance = good/acceptable. Is that an accurate summary?
Posted by: Insomniac at January 22, 2011 01:26 PM (OrJBb)
Protecting society by incarceration is not vengeance. Its the morally right thing to do to protect innocent life.
I agree with the Catechism.
Posted by: Timbo at January 22, 2011 09:40 AM (ph9vn)
Posted by: pajama momma at January 22, 2011 01:38 PM (+6OZ7)
Let me guess - the ACLU didn't come riding to rescue you from having your First Amendment rights violated?
Posted by: Insomniac at January 22, 2011 09:41 AM (OrJBb)
Posted by: moi at January 22, 2011 09:42 AM (Ez4Ql)
Maybe Madoff and Manson would become friends.
Removes my moral dilemma.
That's how Australia got started.
Posted by: mpurinTexas (kicking Mexico's ass since 1836) at January 22, 2011 09:43 AM (paOeu)
Protecting society by incarceration is not vengeance. Its the morally right thing to do to protect innocent life.
I agree with the Catechism.
Posted by: Timbo at January 22, 2011 01:40 PM (ph9vn)
You didn't really answer my question, but let me try another one. Do you believe that the death penalty for murder is morally wrong? If so, on what basis is it morally wrong? I'm not talking about mistakes in the application, I am talking about the thing in itself.
Posted by: Insomniac at January 22, 2011 09:43 AM (OrJBb)
Not a peep, but I did have some lovely people praying outside the jail for me. They wound up letting us out a bit earlier because they said all the praying was upsetting the other girls in juvie with me. hahaha
oh and I'm not allowed near Santa Clara or San Jose, Ca again. yeah, I'm so sad about that.
Posted by: pajama momma at January 22, 2011 09:44 AM (+6OZ7)
Life in prison without the possibility of parole is sufficient deterrent for anyone with even a shred of rationality. How would you like to spend 50 years with Bubba?
Crazy people who kill won't be deterred no matter what you do.
But at the end of the day, despite my philosophical opposition to the death penalty, I don't really CARE that much about it. The world is not perfect and there are bigger fish to fry than worrying about whether 10% of people convicted of a capital offence are actually innocent.
Posted by: Lee Reynolds at January 22, 2011 09:44 AM (/gY4D)
Posted by: moi at January 22, 2011 09:46 AM (Ez4Ql)
I suspect that we'd agree more often than disagree -- though, as lawyers are fond of saying, "circumstances alter cases." I'd probably agree with iknowtheleft most of the time, as well -- even though I'm pushing hypotheticals at him.
I believe that there's a time for the death penalty, and there are times when it doesn't apply. One consideration should be the possibility of a cure for an underlying condition -- though "evil" is not such a condition, nor is "repentence" a cure.
Posted by: cthulhu at January 22, 2011 09:46 AM (kaalw)
Posted by: JackStraw at January 22, 2011 09:47 AM (TMB3S)
The Church's stance on death penalty is that it should be done with great care and introspection. One is not required to be anti-death penalty to be a Catholic in good standing. The Catechism is the cliff notes of Catholic Doctrine. Aquinas is in the unabridged text. So is John Paul II who was almost absolutist in his opposition.
I lean toward Aquinas while taking John Paul very seriously.
Posted by: kidney at January 22, 2011 09:47 AM (ENRGu)
227 I think the operative statement in that little vignette is "My God, what have I done?". There are criminals, even murderers, who have made that statement (or something similar) -- Aquinas would say that they recognize the sin they committed and are open to repentance leading to possible salvation. It was not for people like this that the death penalty was created.
It was created for the people who do not say such a thing, who feel no sin in their actions and for whom repentance will not happen.
Posted by: unknown jane at January 22, 2011 09:47 AM (5/yRG)
Posted by: pajama momma at January 22, 2011 01:44 PM (+6OZ7)
Ha! I live in Santa Clara -- the one on the Alameda, right?
Posted by: cthulhu at January 22, 2011 09:48 AM (kaalw)
Not a peep, but I did have some lovely people praying outside the jail for me. They wound up letting us out a bit earlier because they said all the praying was upsetting the other girls in juvie with me. hahaha
oh and I'm not allowed near Santa Clara or San Jose, Ca again. yeah, I'm so sad about that.
Posted by: pajama momma at January 22, 2011 01:44 PM (+6OZ7)
You are now my hero, uh, heroine. I've been in abortion clinic protests of various sorts in years past, but never was arrested. How is it that you're banned from Santa Clara and San Jose, if you don't mind me asking?
Posted by: Insomniac at January 22, 2011 09:49 AM (OrJBb)
oh. Well then -
1. I'm okay with stricter parole standards as I mentioned.
2. The difference is between what individuals choose to do, and what the state chooses to do. If a felon is paroled, it is the felon's choice whether or not to commit another crime. So in that sense, if a paroled felon murders someone, it's not equivalent to the state "sentencing an innocent to death". Now of course there are issues of due diligence when it comes to the parole process itself. But in the end it's an apples-and-oranges comparison.
Posted by: chemjeff at January 22, 2011 09:49 AM (PaSAU)
You didn't really answer my question, but let me try another one. Do you believe that the death penalty for murder is morally wrong? If so, on what basis is it morally wrong? I'm not talking about mistakes in the application, I am talking about the thing in itself.
Posted by: Insomniac at January 22, 2011 01:43 PM (OrJBb)
Thou shalt not kill.
Yes, morally wrong no matter who does it.
Posted by: Timbo at January 22, 2011 09:50 AM (ph9vn)
Oh STFU already. If you can't have a calm reasoned discussion about the death penalty without your hyperventilating emotions getting in the way, then you shouldn't get out of bed in the morning lest the sting of cold water on your face causes you to bawl uncontrollably and collapse into a pile of emotional goo.
Posted by: chemjeff at January 22, 2011 09:51 AM (PaSAU)
Some asshole servicing life in prison thought if he got a new trial and no witnesses were left to testify against him, he would walk free. So he order the deaths of 5 people which meant he murdered a total of 7 people. And you value his life over that of his victims. Spit.
Posted by: moi at January 22, 2011 01:46 PM (Ez4Ql)
Where did you get that?
Because I think murder is wrong in all forms.. I am for the criminal?
Posted by: Timbo at January 22, 2011 09:53 AM (ph9vn)
Thou shalt not kill is mistranslated from the Hebrew. The
Commandment is Thou shalt not do murder. Murder being an unjust killing. Under your interpretations neither war nor self defense is allowable.
Posted by: kidney at January 22, 2011 09:55 AM (ENRGu)
Who knows-might even have their own tennis tournament in a few years.
Now that is rehab!
Posted by: RedneknSC at January 22, 2011 09:56 AM (UfvyB)
But we don't, and I'm okay with that. The ethics of war and the ethics of criminal prosecution are two different beasts as far as I'm concerned.
Posted by: chemjeff at January 22, 2011 09:57 AM (PaSAU)
That's what I always thought. Especially when shortly thereafter the Hebrews are commanded to leave no mother's sons alive, or in the original translation, slay all who piss upon the wall.
Posted by: toby928™ at January 22, 2011 09:58 AM (S5YRY)
227 I think the operative statement in that little vignette is "My God, what have I done?". There are criminals, even murderers, who have made that statement (or something similar) -- Aquinas would say that they recognize the sin they committed and are open to repentance leading to possible salvation. It was not for people like this that the death penalty was created.
It was created for the people who do not say such a thing, who feel no sin in their actions and for whom repentance will not happen.
Posted by: unknown jane at January 22, 2011 01:47 PM (5/yRG)
I threw that in there as a red herring. I don't see anything in Joe that is sinful, needs repentence, or should even be prosecuted. He was minding his own business when someone imposed control over his brain (though indirectly) and the "him" that is Joe didn't participate in the murders.I'm starting to get a little worried by iknowtheleft, though -- "kill them all and let God sort them out" sounds a bit dangerous.
Posted by: cthulhu at January 22, 2011 09:58 AM (kaalw)
The Church's stance on death penalty is that it should be done with great care and introspection. One is not required to be anti-death penalty to be a Catholic in good standing. The Catechism is the cliff notes of Catholic Doctrine. Aquinas is in the unabridged text. So is John Paul II who was almost absolutist in his opposition.
I lean toward Aquinas while taking John Paul very seriously.
Posted by: kidney at January 22, 2011 01:47 PM (ENRGu)
The Catholic church is clear...
You can not pick and chose your beliefs... If you are Catholic.. here is the stance:
Posted by: Timbo at January 22, 2011 09:58 AM (ph9vn)
Anybody mention auto erotic asphyxiation (aka a David Carradine or INXS singer)?
Go out with a bang!
And a smile!!!
Posted by: THE Count de Monet at January 22, 2011 10:01 AM (XBM1t)
If
Posted by: toby928™ goes laconic at January 22, 2011 10:02 AM (S5YRY)
Commandment is Thou shalt not do murder. Murder being an unjust killing. Under your interpretations neither war nor self defense is allowable.
Posted by: kidney at January 22, 2011 01:55 PM (ENRGu)
We arent talking about war.
Life in prison protects innocent society. The death penalty isnt needed to protect society.
Posted by: Timbo at January 22, 2011 10:03 AM (ph9vn)
"I couldnt do it [execute by firing squad, or I assume by any method]... no matter who it was. I would also wonder who is the person who would volunteer for that."
I would. Not proud of that, but not ashamed.
My standard for the death penalty is this: Would I kill the bastard myself, if his victim were someone I loved? If yes, then he gets the death penalty. I don't care about deterrence, in fact I find that the morally questionable argument. (Roughly: Well, in the abstract he doesn't deserve to die, but if it stops someone else from committing murder, let's go ahead.) No: he either deserves it or he doesn't. And you're damn right vengeance figures into this.
If I decide he deserves it, then I'd have to be willing to carry it out myself. I mean, I can't argue it's right, but I'm too morally fine a person to do it.
Look, if you can stand it, Google "Connecticut home invasion," and read. If you honestly think it's morally wrong to kill the men who did this, then I commend you on the purity of your principles, but you and I will never see eye to eye. I've read a lot about genocide, mass murder, atrocities, and still I was shocked that people could be this cruel for the sheer fun and incidental profit of it. As far as I'm concerned they deserve to die and the world is a better place, by a small but morally important margin, without them.
Side note: someone mentioned the "life without parole is so much harsher" argument. If so, why does the lawyer for the condemned almost always try so damn hard for it instead of death?
Posted by: JPS at January 22, 2011 10:05 AM (WPxaG)
Posted by: JackStraw at January 22, 2011 10:09 AM (TMB3S)
Posted by: JackStraw at January 22, 2011 10:10 AM (TMB3S)
Well no, but it's fun to chat about it.
Posted by: chemjeff at January 22, 2011 10:10 AM (PaSAU)
You can not pick and chose your beliefs... If you are Catholic.. here is the stance:
The Church is in fact clear- in that there is room for disagreement on this issue. You need to do some reading beyond the Catechism.
Posted by: kidney at January 22, 2011 10:11 AM (ENRGu)
If not for the death penalty, seems to me, there would be no catholic theology to argue over. Am I wrong?
Posted by: matterson at January 22, 2011 10:12 AM (o90eJ)
I absolutely concur. Government "Justice", randomly applied, is actually worse than a "Wild West" lack of government "justice". It's banditry by any other name.
Posted by: cthulhu at January 22, 2011 10:12 AM (kaalw)
Posted by: toby928™ goes laconic at January 22, 2011 02:02 PM (S5YRY)
Thats a big IF.
You can search all you want for that big IF.. if we run out of prisons.. if we run out of every single last option.
If you dont agree with the premise that all human life is sacred... no matter how hard that is to take in when it comes to a sick murderer.. you wont understand the mercy of God.
Its not like I came to this lightly. Its easy to say off with their heads. The hard part is reconciling those thoughts with the bigger picture of faith in what God thinks of our actions.
Posted by: Timbo at January 22, 2011 10:12 AM (ph9vn)
Posted by: JackStraw at January 22, 2011 02:10 PM (TMB3S)
We arent talking about war. We are talking about the death penalty.
Posted by: Timbo at January 22, 2011 10:14 AM (ph9vn)
the damage inflicted by the aggressor on the nation or community of nations must be lasting, grave, and certain;
all other means of putting an end to it must have been shown to be impractical or ineffective;
there must be serious prospects of success;
the use of arms must not produce evils and disorders graver than the evil to be eliminated.
These are hard conditions to fulfill; the Church teaches that war should always be the last resort.
Posted by: Timbo at January 22, 2011 10:18 AM (ph9vn)
That's an even larger if and purely an assertion. If you don't understand that life is also not boundless, you will inflict misery on many. Each person must answer to God for his deeds, and God didn't give the sword to the prince for nought.
Posted by: toby928™ at January 22, 2011 10:18 AM (S5YRY)
Posted by: JackStraw at January 22, 2011 10:20 AM (TMB3S)
Posted by: Ace's liver at January 22, 2011 10:24 AM (QgI7g)
Posted by: unknown jane at January 22, 2011 10:25 AM (5/yRG)
Yes, morally wrong no matter who does it.
Posted by: Timbo at January 22, 2011 01:50 PM (ph9vn)
Well, here's the thing. If you believe the Bible, and the Old Testament in particular, God clearly instituted capital punishment for murder. If capital punishment for murder is morally wrong, then God Himself was/is morally wrong in Genesis 9:
And from each man, too, I will demand an accounting for the life of his fellow man.
6 “Whoever sheds the blood of man,
by man shall his blood be shed;
for in the image of God
has God made man.
Posted by: Insomniac at January 22, 2011 10:25 AM (OrJBb)
Posted by: Ace's liver at January 22, 2011 02:24 PM (QgI7g)
Why yes, yes it is. And stop calling me Shirley.
Posted by: Count de Monet at January 22, 2011 10:26 AM (XBM1t)
Legitimate defense can be not only a right but a grave duty for one who is responsible for the lives of others. The defense of the common good requires that an unjust aggressor be rendered unable to cause harm. For this reason, those who legitimately hold authority also have the right to use arms to repel aggressors against the civil community entrusted to their responsibility.
Assuming that the guilty party's identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor.
Posted by: kidney at January 22, 2011 10:29 AM (ENRGu)
I do think that it's problematic that government should right every wrong, however. If I don't immediately clear the sidewalk when my tree's leaves fall on it, then someone walking by could slip, possibly into the path of an oncoming car, and be killed. A horrible wrong and a great loss, but not something that government needs to set right.
Now if I'd been out late at night smearing grease on the sidewalk and hiding it with leaves....same loss, different amount of guilt. It's not the victim's loss that makes the determination, though -- it's the perpetrator's contribution. And, I'd argue, that someone deranged enough to intentionally create a dangerous situation with intent to harm should be punished -- even if no actual harm results.
There's a reason that criminal cases are titled "the state v. the perp" instead of "the victim v. the perp". The amount of damage to society is the focus, not the victim's injury. And, incidentally, when this is suborned by arbitrary and capricious decisions, that's why inevitable damage to society occurs.
Posted by: cthulhu at January 22, 2011 10:30 AM (kaalw)
The Church is in fact clear- in that there is room for disagreement on this issue. You need to do some reading beyond the Catechism.
Posted by: kidney at January 22, 2011 02:11 PM (ENRGu)
Nope.. I will take the catechism over anything.
Room for debate is not really there.. we have prisons and the means to keep them off the streets.
Posted by: Timbo at January 22, 2011 10:33 AM (ph9vn)
Posted by: Christopher Taylor at January 22, 2011 10:34 AM (61b7k)
Posted by: kidney at January 22, 2011 02:29 PM (ENRGu)
Its not the only way to protect human life.
Posted by: Timbo at January 22, 2011 10:36 AM (ph9vn)
On whose hands is the blood of the murdered prison guard or shanked petty criminal inmate?
Posted by: toby928™ at January 22, 2011 10:36 AM (S5YRY)
On whose hands is the blood of the murdered prison guard or shanked petty criminal inmate?
Posted by: toby928™ at January 22, 2011 02:36 PM (S5YRY
the murderer.
Posted by: Timbo at January 22, 2011 10:37 AM (ph9vn)
If the question of justice were black and white it would be written, very concisely, and those writings would be turned to without the necessity of a judge or jury.
This slippery slope crap is for the birds.
Posted by: jmflynny at January 22, 2011 10:38 AM (piMMO)
Posted by: jmflynny at January 22, 2011 10:38 AM (piMMO)
You conveniently ignore the problems that have been stated with prisons. But that's cool.
We will just not agree.
Posted by: kidney at January 22, 2011 10:39 AM (ENRGu)
Posted by: little boomer at January 22, 2011 10:39 AM (RsXM7)
Recidivism rate of the executed: 0% Your method, not so effective.
Posted by: toby928™ at January 22, 2011 10:41 AM (S5YRY)
Posted by: JackStraw at January 22, 2011 10:44 AM (TMB3S)
I'm sure that, when pressed, you might also argue against the cruel and unusual punishment that is incarceration.
Next step would be to argue that there should be levels of prisons to segregate the least violent. Well, of course, there are; maximum, medium and minimum. So, then you might argue that the least violent amongst the less violent should be segregated for their own safety. Then you might suggest that the least violent amongst the least violent in that group should be segregate into their own group. And on and on and on...
Wait! Why don't we just love the violence and hate out of them?! Say a prayer for the perpetrator because the victim is already beyond prayer.
Posted by: jmflynny at January 22, 2011 10:53 AM (piMMO)
Posted by: jmflynny at January 22, 2011 02:38 PM (piMMO)
Nope 42.
Like I said.. didnt come to this lightly. I am a Catholic... this was a big discussion with my Priest.
Human life is sacred.. its not ours to take.
Not easy to do when looking at a murderer...
Posted by: Timbo at January 22, 2011 10:57 AM (ph9vn)
by man shall his blood be shed;
for in the image of God
has God made man.
Posted by: Insomniac at January 22, 2011 02:25 PM (OrJBb)
I am a Christian because of the New testament.. not the old. The words of Jesus are gospel.. and to me, trump Genesis.
Posted by: Timbo at January 22, 2011 11:13 AM (ph9vn)
Posted by: KG at January 22, 2011 11:14 AM (2k/Dg)
ooops sorry. Have 3 kids over playing with my 4 kids. Can you say chaos?
Anyhoo, I dunno why I'm not allowed there. The judge said he'd release me, but that I wasn't allowed to ever go to those two places again. The reason they were able to arrest me is because I was "trespassing".
I'm sure I could go there now because this was a juvenile offense and (I think) it's a sealed record?
And I don't know whether it was the one on Alameda. I crack up because I have the newspaper article about it somewhere in my archives, but it doesn't mention me or the other two kids names' because we were minors. haha
Posted by: pajama momma at January 22, 2011 11:20 AM (+6OZ7)
Posted by: DAve at January 22, 2011 11:32 AM (tG4br)
Posted by: DAve at January 22, 2011 11:39 AM (tG4br)
Posted by: DAve at January 22, 2011 11:40 AM (tG4br)
You should be more specific when making that argument.
Repeat Rapists. Death.
Acts of Violent Rape / Sodomy. Death
Posted by: g is not a Troll at January 22, 2011 11:48 AM (ltGgD)
Repeat Rapists. Death.
Acts of Violent Rape / Sodomy. Death
I see you allow for no room for humor when it comes to this subject.
Posted by: jmflynny at January 22, 2011 12:06 PM (piMMO)
I am a Christian because of the New testament.. not the old. The words of Jesus are gospel.. and to me, trump Genesis.
Posted by: Timbo
If Jesus were against capital punishment he would not have allowed his own death or the deaths that occurred at the hand of the state during his time, or any other time for that matter.
Regarding taxes and extending that pincipal to general administration of justitice, Jesus had words like "give on to Ceasar..."
The state has the duty and obligation to execute those who commit capital offenses. When the state falls down in its duty, as ours has, you get crazy shit like happens in liberal states.
Posted by: sTevo at January 22, 2011 12:15 PM (VMcEw)
Posted by: Joe R. at January 22, 2011 01:10 PM (wcpvk)
The system worked.
I asked this earlier but no one has brought the knowledge so I'll ask again.
Are there any credible cases of an innocent person being executed in the last 50 years?
Posted by: toby928™ at January 22, 2011 01:59 PM (S5YRY)
Posted by: moi at January 22, 2011 02:33 PM (Ez4Ql)
Posted by: drfredc at January 22, 2011 02:48 PM (puRnk)
I can't believe that a bunch of people who wouldn't trust government to run health care and doesn't think it should run the post office think that government does a fine job of deciding whom to kill.
Posted by: Joe R. at January 22, 2011 03:13 PM (OAWwI)
Nonetheless, germain to the question of the DP. They weren't executed falsely. Had the DP not been available, they would have still done the time because they were found guilty, and the DP was the subject of the discussion.
The question was, Is there a credible case of executing the innocent in the last 50 years?
I honestly don't know, but would like to.
Posted by: toby928™ at January 22, 2011 03:18 PM (S5YRY)
I'm fully aware of that. But, society is made up of people who understand what the appropriate punishment is for certain crimes, individually, and we understand, together, that anyone who commits such a crime should, individually, suffer that punishment, or something equivalent. It doesn't matter that I was not the victim of a murder. I can still expect the state to carry out the appropriate punishment for that act of murder. Because I need to know that, if I get murdered, the state will mete out the apprpriate response for me. You cannot deviate too far from the core Western notion of "individual reciprocity as natural fairness" and keep any group of Westerners together. Not for too long.
Posted by: iknowtheleft at January 22, 2011 02:47 PM (G/MYk)
The "eye for eye, tooth for tooth" thing is a bit too strict for modern society -- although sharia seems quite proud to include it. In modern societies, we control immense energies and resources with more and more flexibility and less and less thought -- so that 16-year-old kids are casually entrusted with two tons of metal at 70 mph, for instance. The possibility of casual damage increases as personal power increases -- thus, the peasantry rarely gave too much thought to the difference between negligence and murder before the existence of power tools.
I think that most people understand this at a visceral level and would hesitate to impose the death penalty for someone who hit a patch of black ice and killed someone; but the victim's family might not be quite so philosophical about the incident. Thus, society imposes a measured response and social pressure leans on victims and their loved ones to bottle up their personal retribution.
I fully agree that this is finely balanced, however -- when out-and-out murder is given a slap on the wrist, it promotes a lawlessness that can be much worse than family feuds and vendetta.
...scenario are completely full of horseshit.
If the question of justice were black and white it would be written, very concisely, and those writings would be turned to without the necessity of a judge or jury.
This slippery slope crap is for the birds.
Posted by: jmflynny at January 22, 2011 02:38 PM (piMMO)
You seem to be arguing here that judges and juries can go beyond black and white judgments, but then you say that slippery slopes are for the birds.
How, then, should those grey areas that judges and juries determine supposed to work out? Each case on an ad-hoc basis?
There should be gradations of culpability, but based on rules and guidelines -- which, as iknowtheleft notes, should not be too lenient for the public to support.....nor, as I argue above, too strict.
Posted by: cthulhu at January 22, 2011 03:51 PM (kaalw)
The case of innocence for Cameron Todd Willingham seems really thin, but the Ruben Cantu case does look bad. The jury believed the victim and now the victim says he lied, so that might be one.
Posted by: toby928™ at January 22, 2011 08:06 PM (S5YRY)
The killers made the choice to kill.
The killers when convicted should get to make another choice, how to die.
1. captured bolt gun.
2. OD of sedatives.
3. thrown off of a high place.
The convicted murderer gets the choice.
Posted by: HEP-T at January 23, 2011 05:59 AM (QqZz1)
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Posted by: Krugman: NOBEL at January 22, 2011 07:14 AM (fy8R6)