What's the best punishment for first-time rape?

skepticdude
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What's the best punishment for first-time rape?

What's the best punishment for rape?

Looking deeper, what's more important to you?  How the punishment "pays back" the criminal, or how the punishment benefits society?

Should the convict's potential for rehabilitation have anything to do with the level of punishment she should get?  Should the heart-surgeon be given more leniency than the gang-member?

Should the victim be given the right to decide her rapist's fate?  How much importance should be attached to the victim's sense of loss and violation?

Most would agree nothing can be done to erase the violent experience from the victim's mind.  Should the rapists therefore be punished for as long as the victim must live with the memory of that violent act?

And even deeper...most people agree that the punishment should also send a message to potential rapists.  How important is it to you to make the rapist an example to help deter potential rapists?  Would the need for this signal justify imposing a harsher punishment than he otherwise should get?  Should his penis be cut off without anesthesia on national prime time tv?

I know many atheist ladies would like that solution, but i say it's the wrong one.  Rape is not about sex, but about power.  The man can still be violent against women even without a penis. A prick without a prick.  As such, the punishment should cripple the rapists ability to be violent toward others, not just unable to have sex.

Lobotomy?

My own theory is that everybody convicted of non-consenting sex should be granted one appeal. If they lose that appeal, death penalty.  Us tax payers don't' suffer the cost of storing that piece of shit, the problem is solved, and it sends a strong deterring message, especially if advertised properly. 

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I'd say cutting their dick

I'd say cutting their dick off. That would certainly be a deterrent. For the second offense (assuming they use a coke bottle or whatever) cut both their arms and both their legs off. I bet that would be worse than dying. Maybe also take their eyes and one kidney one lung and part of their liver to use for transplants to make them do some good for the harm they did. Maybe for the first offense also take one cornea some skin and some bone marrow.  After they are fucked up let them decide if they want to live the rest of their life like that or be executed. Do it in a way they can use whatever organs are left.

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I personally see 2 potential

I personally see 2 potential ways to resolve this 'justice' thingy

 

1. The Cost Effective Format

Just shoot him in the head/ executed, it costs all of 50cents to preform and it eliminates the guilty party from preforming any repeat crimes.

 

2. The Cash Flow Format

You throw the criminal in a gladiatorial match of the victims (note victims, as in multiple people agree'ing upon the rules), deathmatch.... first blood... they name it. The court televises it as a PayPerView, generating large amounts of cash, the profit can then be split among the justice department and the victims. (i would also think the PPV show would serve as a demonstration to those fence sitter criminals ;-p )

 

 

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Quote:The court televises it

Quote:

The court televises it as a PayPerView, generating large amounts of cash, the profit can then be split among the justice department and the victims. (i would also think the PPV show would serve as a demonstration to those fence sitter criminals ;-p )

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I wouldn't go for chopping

I wouldn't go for chopping anything off. Being more or equally inhumane as them just makes society inhumane.

As long as it is 100% proven, just execute the f*ckers.

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In a perfect world, the best

In a perfect world, the best "punishment" would be rehabilitation of sorts.  What ever would work best for that particular person to stop them from repeat offending. 

Of course, this isn't a perfect world and a rehabilitative judgement is the most expensive and hardest to perform course of action.  The cheaper way in which society chooses more often than not is a form of punishment that will scare people away from doing those acts rather than treating the problem in the first place.

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If it can be proven beyond

If it can be proven beyond doubt, execution. The average person would not go rape someone.That means to do that,the person must already have problems.If they can do it once,there is little reason they won't do it again.A doubt rehabilitation would work in most cases,and why have the taxpayer pay for the rapists rehabilitation.I fanything, use that money for the victim's counseling.

I find any sort of mutilation uneccesarily barbaric.I've always held the notion of 'be the bigger man.' Unless you propose we also start cutting off petty thief's hands. A simple, cheap execution is sufficient for rapists.(I wouldn't be entirely opposed if there was some pain involved in it)

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Five years to life depending

Five years to life depending on the circumstances which is pretty much what typical sentences are in the UK

An no the victim should NOT be involved in sentencing. Civilized society moves away from mob rule and the criminal justice system must be rational and calm something no victim can be.

 

I also believe technically all criminal prosecutions are the state versus the defendant not the victim versus the defendendant. The victim is a witness/evidence


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Skepticdude, I like the

Skepticdude, I like the questions you ask, for the record.

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Should the convict's potential for rehabilitation have anything to do with the level of punishment she should get?  Should the heart-surgeon be given more leniency than the gang-member?

There's a book that you absolutely have to read if you haven't:

The Authoritarian Specter by Robert Altemeyer (Hardcover - Nov 15, 1996) Where it's pertinent to this discussion is the radical dichotomy between profession of principle and practice of it.  Authoritarians are particularly biased in their assessment of severity and their recommendation of punishment.  They will just about let anyone off if they have a "respectable" enough position in the community (and are the same race as the authoritarian) but if someone's in a low socioeconomic bracket, they'll make the punishment even harsher than what they advocate normally. 

 

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mrjonno wrote:Five years to

mrjonno wrote:

Five years to life depending on the circumstances which is pretty much what typical sentences are in the UK

An no the victim should NOT be involved in sentencing. Civilized society moves away from mob rule and the criminal justice system must be rational and calm something no victim can be.

I would argue that the mob mentality sends a stronger deterring message to potential rapists.  If you rape somebody, she will decide your fate.  Knowing that such a violated woman might not have much sympathy, would be an excellent deterrent to potential rapists.

I'd also argue that the woman's sense of loss, outrage and violation, being the direct result of the rape, have not been proven trivial to dispensing justice.  For all you know, the outrage of the family is a better solution than any court.  How do you know that what "civilized people do" is necessarily the better choice?

Quote:
I also believe technically all criminal prosecutions are the state versus the defendant not the victim versus the defendendant. The victim is a witness/evidence.

American doesn't currently think the victim should be the judge.  Are you sure that's the best system of justice?  Why?

 

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Hambydammit

Hambydammit wrote:

Skepticdude, I like the questions you ask, for the record.

Quote:
Should the convict's potential for rehabilitation have anything to do with the level of punishment she should get?  Should the heart-surgeon be given more leniency than the gang-member?

There's a book that you absolutely have to read if you haven't:

The Authoritarian Specter by Robert Altemeyer (Hardcover - Nov 15, 1996) Where it's pertinent to this discussion is the radical dichotomy between profession of principle and practice of it.  Authoritarians are particularly biased in their assessment of severity and their recommendation of punishment.  They will just about let anyone off if they have a "respectable" enough position in the community (and are the same race as the authoritarian) but if someone's in a low socioeconomic bracket, they'll make the punishment even harsher than what they advocate normally. 

 

Thanks, I'll have a look see.

Are you sure you don't have the author wrong?  From your description, it sounds like something George H. W. Bush would have written.

 

Faith does not have the power to move mountains. However, it does have the power to make you think a mountain has moved.


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Altemeyer is one of the

Altemeyer is one of the foremost sociologists in the world, and he spent well over thirty years identifying, studying, and quantifying the authoritarian personality.  This book is a presentation of his findings.

If you want to know how authoritarianism rears its head in politics, check out this book:

Conservatives Without Conscience by John W. Dean (Hardcover - Jul 11, 2006) 

 

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skepticdude wrote: I would

skepticdude wrote:

 

I would argue that the mob mentality sends a stronger deterring message to potential rapists.  If you rape somebody, she will decide your fate.  Knowing that such a violated woman might not have much sympathy, would be an excellent deterrent to potential rapists.

I'd also argue that the woman's sense of loss, outrage and violation, being the direct result of the rape, have not been proven trivial to dispensing justice.  For all you know, the outrage of the family is a better solution than any court.  How do you know that what "civilized people do" is necessarily the better choice?


 

No, no no no NO!

Deterrence is not the goal, nor should it be the goal of any criminal prosecution. Justice is and should be the state determining whether or not a person committed a crime, and then delivering a just sentence for the crime. All sentences should consist of jail time or fines. Everything else is cruel and unusual punishment. As a democratic society, we should strive to have a blind justice system which fairly and accurately determines guilt and provides sentences, with the maximum and minimum sentences determined by the legislature. To revert to the barbarism of mob rule is to revert to unjust vendetta, rule by violence and extortion, and justice through fear and ignorance.

 


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skepticdude wrote:I would

skepticdude wrote:

I would argue that the mob mentality sends a stronger deterring message to potential rapists.  If you rape somebody, she will decide your fate.  Knowing that such a violated woman might not have much sympathy, would be an excellent deterrent to potential rapists.

I'd also argue that the woman's sense of loss, outrage and violation, being the direct result of the rape, have not been proven trivial to dispensing justice.  For all you know, the outrage of the family is a better solution than any court.  How do you know that what "civilized people do" is necessarily the better choice?

 

 

The criminal justice system does not merely exist as a deterrant  and for more emotional spur of the moment crimes it has almost no role in this

Among its many roles are

deterence

punishment

rehabiliation

reperations/aid  to the victim if possible

but the one thing is definitely does not involve is a victim or families revenge, I leave that to nations like Saudia Arabia and other backwards cultures

 

 


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theotherguy

theotherguy wrote:

skepticdude wrote:

 

I would argue that the mob mentality sends a stronger deterring message to potential rapists.  If you rape somebody, she will decide your fate.  Knowing that such a violated woman might not have much sympathy, would be an excellent deterrent to potential rapists.

I'd also argue that the woman's sense of loss, outrage and violation, being the direct result of the rape, have not been proven trivial to dispensing justice.  For all you know, the outrage of the family is a better solution than any court.  How do you know that what "civilized people do" is necessarily the better choice?


 

 

No, no no no NO!

Deterrence is not the goal, nor should it be the goal of any criminal prosecution.

That's mighty weird of you, because it seems common sense requires that you make the consequences for doing crime look as undesireable as possible.  If little johnny is thinking about robbing a store, wouldn't it be better if the state gave him reason to believe that the consequences of that crime are horrific? 

Our current justice system disagrees with you.  So do it's prosecutors, who realize that they have a reputation to make sure their county is not viewed "soft on crime" by potential criminals. Nobody thinks it's wrong when high-profile people like actors or sports players are made an example of to deter others.

Quote:
Justice is and should be the state determining whether or not a person committed a crime, and then delivering a just sentence for the crime. All sentences should consist of jail time or fines.

Why should a twice convicted rapist who has lost all appeals, be given jail/fines, and not simply death?  If your concern is rehabilitation, the raped women would disagree that the effort is worth the money.  If your concern is simple justice, what makes you think rape isn't evil enough to deserve the death penalty?

What about other people that think prisons are largely a waste of money and do nothing more than support the survival of worthless people who are statistically likely to re-offend after release? What about the problem of jail making the convict even more bitter? Why not just kill everybody who was convicted of a violent offense against another human being?  The carnage would be a good thing in the eyes of many and free up a lot of money that could be better spent on researching ways to enhance humanity, not support the continued living of the hopelessly evil.

Quote:

Everything else is cruel and unusual punishment.

The Law makes provision for use of lethal force to protect your life or your property.  Would you condemn a lady who shot a man to death for trying to rape her, who obviously felt her life was in danger?  If not, how would you argue that man deserves less than death, should the lady simply escape and have him captured by the police?  If he deserved death during the act, how much time passes between the rape and his death doesn't mean anything, does it?

Quote:
As a democratic society, we should strive to have a blind justice system which fairly and accurately determines guilt and provides sentences, with the maximum and minimum sentences determined by the legislature.

Why?  What makes you think that the state handing the convict over the family of the victim to do with as they please, is worse than the current system?  You have not demonstrated how this more primitive system would create more evil in the land, you simply object that it's barbaric without demonstrating why it's barbarism hurts society more. Oh, one more thing....what would you say to the mom who vows vigilante justice on the man whom she caught trying to rape her little girl?  Whose morality deserves to reign in that circumstance, and how did you figure that one out?

Let's get deeper...I honestly don't see the evil of vigilante justice.  If potential criminals realize they are driving into a neighborhood where burglers are more often shot dead during the crime than captured by police, they are less likely to burglerize that neighborhood.

Quote:
To revert to the barbarism of mob rule is to revert to unjust vendetta,

I see nothing "unjust" about letting the victim and/or family decide and carry out the fate of the convicted criminal who hurt the victim.  You have not demonstrated why that system is "worse" than the one we currently have.  Other nations use this more primitive system, and they wouldn't be nations if such system could only cause more evil and chaos in the land.

Quote:
rule by violence and extortion, and justice through fear and ignorance.

Not at all.  If a court convicts you of raping some woman, they will turn you over, in shackles, to her and her family, who will decide your fate.  How is that justice through fear and ignorance?  You cannot have a working justice system that isn't feared to some extent by those that wish to oppose it, can you?

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Why do you single out such

Why do you single out such barbaric punishment for rape? I'm not arguing that it is any less of a crime than it is presently regarded, but I'm just wondering why you don't throw in the other stock atrocities that are normally applied to excite emotive responses - you know, child abuse and so on? Why ask about rape specifically?

 

Through my work in the past I have acquired some insight into both perspectives on this question - the victim's and the perpetrator's - and one thing I can say with certainty is that it is by no means as simple a scenario as questions like yours seem to imply. Rape convictions, especially, can often hinge on very subjective testimony and the reality is at odds very much with how the crime is presented dramatically or even by the media when reporting instances of the issue.

 

The perpetration of a crime most often proves a disaster for all the people concerned, and whatever society does in the prosecution of the accused in rape cases must include a lot of follow-up in terms of counselling, rehabilitation and supervision. This is true in all cases of crime that involve potential destruction of the victim's quality of life due to physical or mental scarring. In rape cases it is required even more since the conviction, and even severe punishment, rarely provides any decent measure of closure. In cases where a person has been convicted on very subjective and circumstantial evidence, the same can most definitely said for both parties. The question you phrase neatly ignores this whole aspect to dealing with crime and concentrates instead on physical punishment based on two false assumptions - that all crimes labelled as rape are equal, and that all accused therefore merit equal lack of consideration as humans when convicted.

 

Deterrence as a concept is all very well, but strict adherence to it as the primary function of sentencing leads those adherents into barbarity as vicious and ultimately destructive as the crimes themselves. You would seem to be one of those people based on your closing remarks in your first post, skepticdude, and I'm just wondering if your impatience with society for not matching your particularly vicious line in retribution has led you to phrase your "question" in a manner designed to elicit similar vindictiveness in others?

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Quote:The criminal justice

Quote:
The criminal justice system does not merely exist as a deterrant  and for more emotional spur of the moment crimes it has almost no role in this

Agreed, but why shouldn't it?  So what if it's emotional?  If a rape victim wishes to kill her attacker as he sits convicted in court, is she expressing justified outrage?  Would you argue that her emotions at that point are clouding her judgement?  What makes you think the rapist deserves less than the death she so emotionally calls for?

Quote:
Among its many roles are

deterence

punishment

rehabiliation

How do you know when rehabilitation efforts are worth our tax-money?  Should the victim be allowed to decide whether her convicted attacker should be given the mercy of a rehabilitation effort?  Then again, does your input really count when you aren't the one whose life was forever negatively impacted by the rapist?  I'm guessing no. If a rape victim wishes to have her attacker killed, I'm not sure you could advance an argument that this is a bad thing. 

Quote:
reperations/aid  to the victim if possible

but the one thing is definitely does not involve is a victim or families revenge, I leave that to nations like Saudia Arabia and other backwards cultures

And they think we are backwards.  Alot of good your relativistic argument does.

 

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There is a very good reason

There is a very good reason why the victim does not decide the punishment. If you do not understand the complexity of the question you raised, that's fine. But don't compound the crime of ignorance by then insisting that all objectivity be abandoned.

 

Apply that lack of reasoning to areas outside of rape convictions and what type of society do you think you'll end up in?

 

But I'm still interested in knowing what prompted you to raise the question, and phrase it in the way you did? Why "rape"? What exactly is your agenda here? If it's a "punishment fitting the crime" thing you've opened the debate with just about as narrow and subjective a treatment of the topic as you can get. Why? Are you afraid no one will agree with you so you've tried to play a trump card first?

 

Crappy card by the way. Common sense beats it on almost every point.

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"My own theory is that

"My own theory is that everybody convicted of non-consenting sex should be granted one appeal. If they lose that appeal, death penalty.  Us tax payers don't' suffer the cost of storing that piece of shit, the problem is solved, and it sends a strong deterring message, especially if advertised properly. "

I couldn't agree more. Considering it costs something like $60k per year on average (twice my salary) to keep them locked up, it doesn't make sense to have people who commit particularly heinous crimes or are repeat offenders living indefinately on the public dime. Certain individuals such as child molesters have recitivism rates in the ninety percentile bracket. If there is little to no chance of them being reformed and becoming safe and productive members of society then there is little to no point in sustaining them.

I'm all for more progressive approaches to dealing with matters like drug abuse, theft , and fraud. I see a great deal of value in teaching people the skills necessary to make an honest living, but some people are beyond reform and some crimes are beyond redemption.


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Nordmann wrote:Why do you

Nordmann wrote:

Why do you single out such barbaric punishment for rape? I'm not arguing that it is any less of a crime than it is presently regarded, but I'm just wondering why you don't throw in the other stock atrocities that are normally applied to excite emotive responses - you know, child abuse and so on? Why ask about rape specifically?

I believe my solution to dealing with a rape convict is commeasurate with that crime.

I am willing to talk about child abuse too.  Humans are still animals, and as such, we don't simply shrug off physical beatings, but we learn to mend our ways after we learn to associate unbearable pain with our stupid choices, just like any dog might be expected to.  If you bust the knees of a child abuser with a baseball bat, you cannot argue it wouldn't be effective, because our current justice system hasn't tried that yet.  But I do know that people normally don't engage in behavior that they are sure will end up getting their knees busted with a baseball bat.  Would you?

Of course, we need to define "abuse".  Can you be guilty of physically abusing kids even if you leave no marks?  Yes.  Physical abuse occurs at several levels, and the lessor abuse should not be equted with the greater.  The dad who smacks his kid's face is not as bad as the dad who knocks the kid's teeth out.

Quote:
Through my work in the past I have acquired some insight into both perspectives on this question - the victim's and the perpetrator's - and one thing I can say with certainty is that it is by no means as simple a scenario as questions like yours seem to imply. Rape convictions, especially, can often hinge on very subjective testimony and the reality is at odds very much with how the crime is presented dramatically or even by the media when reporting instances of the issue.

I agree.  But I already addressed the possible "conviction of possibly innocent people" objection: namely, no law system can be free of the prospect of condemning innocent people.  As such, the possibility of condemning innocent people should either be lodged against all possible legal systems, or else discounted entirely.  I disagree with your implied notion that we should go easy on rapists because they might be innocent.  You'd paralyse the legal system using that sort of logic. You have to allow some imperfections because absolute proof is never possible.

Quote:
The perpetration of a crime most often proves a disaster for all the people concerned, and whatever society does in the prosecution of the accused in rape cases must include a lot of follow-up in terms of counselling, rehabilitation and supervision.

If you are talking about the convict, I say he gets one appeal, if he loses it, shoot him.

Quote:
This is true in all cases of crime that involve potential destruction of the victim's quality of life due to physical or mental scarring. In rape cases it is required even more since the conviction, and even severe punishment, rarely provides any decent measure of closure. In cases where a person has been convicted on very subjective and circumstantial evidence, the same can most definitely said for both parties. The question you phrase neatly ignores this whole aspect to dealing with crime and concentrates instead on physical punishment based on two false assumptions - that all crimes labelled as rape are equal, and that all accused therefore merit equal lack of consideration as humans when convicted.

What you are proposing is making the harshness of the punishment upon conviction, take into account how convincing the evidence was against him.  That's a jury's job.  If they are worried that it's a "he said/she said" affair that cannot be resolved without divine intervention, they have the duty to declare not guilty, or else agreed to be deadlocked.  Nothing can be done about juries who know their verdict is unjust, but agree to set it forth in court anyway.

Quote:
Deterrence as a concept is all very well, but strict adherence to it as the primary function of sentencing leads those adherents into barbarity as vicious and ultimately destructive as the crimes themselves.

So?

Quote:
You would seem to be one of those people based on your closing remarks in your first post, skepticdude, and I'm just wondering if your impatience with society for not matching your particularly vicious line in retribution has led you to phrase your "question" in a manner designed to elicit similar vindictiveness in others?

Yes, I have a viewpoint.  Yes, I come up with ways to make my viewpoint more attractive to others.  I chose the emotionally charged subject of rape, because it was the one violent act that I found most repulsive to me, personally.  I personally believe that people who rape others are thus not fit to live.  Yes, there is potential for false testimony to place an innocent person in jail.  But I disagree that the possibility of the convict's innocence warrants treating them less harshly just in case they turn out to be innocent.  That concern could be exploited by criminals by simply doing a better job of destroying the evidence of their crimes.  If we worked and fellowshipped more in small social groups within our neighborhoods, the jury might get the upperhand on whose testimony is more likely true, and whether the victim is likely telling the truth.

I greatly fear being falsely accused of rape.  I have very little social life, so I don't know anybody that could be a character reference for me should that day come.  The woman is far more likely to have supportive connections who will vouch for her honesty in the courtroom, and the jury would no doubt go into herd-mentality mode, and figure I must have done it because I don't have any friends, so I'm the loner type that is more likely to exploit a woman.

The bright side to this problem is that our current judicial system seems to have this one down pretty good.  You cannot convict a man of rape with nothing more than the alleged victim's testimony alone.  There must be evidence to support the charge.  If it was date rape, then even a dummy jury would realize that the mere presence of a condom at her house filled with semen and his admission that they had sex, doesn't make the sex rape.  In my personal estimation, convicting an innocent man of rape is far worse than letting a real rapist slip through the cracks of justice.  The lucky rapist may strike again, emboldened by his win in court, and next time he will leave incriminating evidence.  But the man without a history of rape should not be convicted on testimony alone, so I prefer to insist that the requirement of evidence for a rape case be higher than it might have to be for other non-violent cases.

I appreciate your input, it made me think.

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Quote:What about other

Quote:
What about other people that think prisons are largely a waste of money and do nothing more than support the survival of worthless people who are statistically likely to re-offend after release?

I'm one of these 'other people'. Rehabilitation, as it is right now, is a fallacious concept. We don't have any treatment that can actually 'fix' a sociopath's brain; often, the best we can do is dope them right up, so they lose their drive to kill people.

Why the fuck should my tax dollars go towards housing, feeding and giving therapuetic QT to monsters?

 

Nitrogen Asphyxiation is a painless, completelyhumane way of putting someone down. If you can't obide by even the most simple and rudimentary rules of society (like 'don't kill people' and 'don't rape people'), you should be put down; you're the one who chose being a monster over being a person. Obviously, there will be exceptional cases that would demand extra scrutiny - but I think we would be a doing a far better service to civilization by implementing policy of humane euthanasia to certain offenders.

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"Natasha has just come up to the window from the courtyard and opened it wider so that the air may enter more freely into my room. I can see the bright green strip of grass beneath the wall, and the clear blue sky above the wall, and sunlight everywhere. Life is beautiful. Let the future generations cleanse it of all evil, oppression and violence, and enjoy it to the full."

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skepticdude
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Nordmann wrote:There is a

Nordmann wrote:

There is a very good reason why the victim does not decide the punishment. If you do not understand the complexity of the question you raised, that's fine. But don't compound the crime of ignorance by then insisting that all objectivity be abandoned.

You appear to be huffing and puffing more than saying what's really on your mind, so far.  I've already argued that nothing can be done about juries that convict upon weaker evidence than you'd have convicted him. If they convict, he's a criminal unless the judges over his appeal decide that the case was too weak to warrant conviction.

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Apply that lack of reasoning to areas outside of rape convictions and what type of society do you think you'll end up in?

A society that let's the victim decide the convict's fate?  One thing I haven't brought up is the moral value of letting the victim decide.  If she gave false testimony and got an innocent man convicted, giving her the ability to choose his fate is a last check on her moral conscience.  It's really no different than the luck the suspect has concerning the moral conscience of the jury that got selected for his case.

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But I'm still interested in knowing what prompted you to raise the question, and phrase it in the way you did? Why "rape"? What exactly is your agenda here?

To promote objective discussion of a rather emotionally charged topic.  To see if anybody can refute my case that rapists deserve death.

Quote:
If it's a "punishment fitting the crime" thing you've opened the debate with just about as narrow and subjective a treatment of the topic as you can get. Why? Are you afraid no one will agree with you so you've tried to play a trump card first?

The fact that you choose to initiate the designation of "rape" as a "trump card" indicates that you yourself agree with me that rape is an unspeakably horrible evil to happen to somebody. Yes, I played the trump card first, you got a better card.

And I didn't play my trump card.  That one is called "child molestation".  You aint' seen nuthin' yet.

Quote:
Crappy card by the way. Common sense beats it on almost every point.

Proposing arguments for better solutions to the rape problem than what we currently have, is a "crappy card"?  Are you happy with the current consequences American courts impose on rape convicts?  I'm not.  Prison time, in my opinion, is not commeasurate with the victim's suffering during the act of rape.  My hatred of rape thus means I also don't think the convicts deserve to live and thus eat up tax money.  That act of brutality against another human, forfeits the attackers right to life, and if I can find enough people to agree with me, there might be a change in the law someday.  May the best debator win.

Unfortunately, not everybody agrees with you on what exactly constitutes "common sense", and I'd argue neither do  rape victims.  Hence, your preaching to the choir doesn't have the stifling effect you apparantly intended, thus we all continue to debate and disagree.

Faith does not have the power to move mountains. However, it does have the power to make you think a mountain has moved.


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First sexual assault, cut

First sexual assault, cut off the little head,  second sexual assault ( is that even possible ? ) cut off the big head.


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The only acceptable use of

The only acceptable use of violence is the self defence or the defence of others the killing of a defenceless prisoner is murder pure and simple.

I don't morally differentiate the killing of a defenceless child killer and the killing of the defenceless child both are murder (extreme examples to make the point).

I can think of far worse things to spend money on than prisons the military (weird hows its ok to kill people there)  would be a good start, farm subsidies would be a good second.

Rehabiliation does work unfortunately the most effective method seems to be age maybe one day someone will come up with something better

 

 

 


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skepticdude

skepticdude wrote:

skepticdude wrote:

Justice is and should be the state determining whether or not a person committed a crime, and then delivering a just sentence for the crime. All sentences should consist of jail time or fines.

Why should a twice convicted rapist who has lost all appeals, be given jail/fines, and not simply death?  If your concern is rehabilitation, the raped women would disagree that the effort is worth the money.  If your concern is simple justice, what makes you think rape isn't evil enough to deserve the death penalty?

No crime is "evil enough" to deserve the death penalty. The death penalty is unconstitutional, and it ought to be repealed. Imagine this scenario: what if the convicted rapist was actually innocent? One of the major concerns of the justice system is to ensure that innocent people are not convicted. What if, for instance, the victim who demanded vigilante justice simply disliked the person, and accused them of rape? Imagine such a case got through. It would be downright terrible to have an innocent person put do death, or have any number of terribly cruel punishments put upon them.

What about other people that think prisons are largely a waste of money and do nothing more than support the survival of worthless people who are statistically likely to re-offend after release? What about the problem of jail making the convict even more bitter? Why not just kill everybody who was convicted of a violent offense against another human being?  The carnage would be a good thing in the eyes of many and free up a lot of money that could be better spent on researching ways to enhance humanity, not support the continued living of the hopelessly evil.


skepticdude wrote:

The Law makes provision for use of lethal force to protect your life or your property.  Would you condemn a lady who shot a man to death for trying to rape her, who obviously felt her life was in danger?  If not, how would you argue that man deserves less than death, should the lady simply escape and have him captured by the police?  If he deserved death during the act, how much time passes between the rape and his death doesn't mean anything, does it?

 

It's not about deserving death, its about protecting your own life. The woman shouldn't be convicted for protecting her own life. Afterwards, the man should not be put to death, because now that he is in custody, he is not an immediate threat to anyone.

 

skepticdude wrote:

Why?  What makes you think that the state handing the convict over the family of the victim to do with as they please, is worse than the current system?  You have not demonstrated how this more primitive system would create more evil in the land, you simply object that it's barbaric without demonstrating why it's barbarism hurts society more. Oh, one more thing....what would you say to the mom who vows vigilante justice on the man whom she caught trying to rape her little girl?  Whose morality deserves to reign in that circumstance, and how did you figure that one out?

 

Vigilante justice is worse because it is subject to the mentality of the mob. That is, it is unverified and unscientific. Someone could easily be put to death under the vigilante system for hearsay and rumor, or even plots by people who don't like them. A state-run justice system is better because it brings in a neutral third party who can more clearly see who is guilty and who is innocent. If a mother vows vigilante justice upon someone for raping her daughter, and she carries it through, she ought to be convicted. (Especially if she murders the rapist), because the authority of justice rests in the state, and not in either party.

skepticdude wrote:

Let's get deeper...I honestly don't see the evil of vigilante justice.  If potential criminals realize they are driving into a neighborhood where burglers are more often shot dead during the crime than captured by police, they are less likely to burglerize that neighborhood.

 

Yes, and people are more likely in such a neighborhood to shoot one another for minor infractions, like say, stealing one another's property. Eventually, the neighborhood is thrown into anarchy and everyone is shooting everyone else for no good reason. It would be like the wild west, or Nigeria for that matter. Places where there is no state-run rule of law are very terrible places to live indeed.

skepticdude wrote:

I see nothing "unjust" about letting the victim and/or family decide and carry out the fate of the convicted criminal who hurt the victim.  You have not demonstrated why that system is "worse" than the one we currently have.  Other nations use this more primitive system, and they wouldn't be nations if such system could only cause more evil and chaos in the land.

 

Nations can exist and have utterly broken states. Africa is an excellent case study in this problem.

skepticdude wrote:

Not at all.  If a court convicts you of raping some woman, they will turn you over, in shackles, to her and her family, who will decide your fate.  How is that justice through fear and ignorance?  You cannot have a working justice system that isn't feared to some extent by those that wish to oppose it, can you?

A justice system doesn't require fear because its main goal is after-the-fact carrying out of justice, not deterrence. A criminal being punished by a victim is by nature unjust, because not all victims will give the same sentences, and many are likely to be clouded by their emotions, and would provide extremely cruel punishments.


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I would say simply removing

I would say simply removing the "part" that allows for erection.  Leave the rest their...but make it useless for anything except pissing.  Then, put his arse in prison for 30 years with no parole.

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You sick... sick... fucks...

You sick... sick... fucks... ;-p

 

Im here trying to promote efficent or entertaining ''justice'' and you sickos are trying to promote prolonged torture of individuals! Bodily mutilation!? Thats fucked up... and this is coming from me!!

 

That being said... im not sure whether this makes me sad... or proud...

 

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or

The Doomed Soul wrote:

I personally see 2 potential ways to resolve this 'justice' thingy

 

1. The Cost Effective Format

Just shoot him in the head/ executed, it costs all of 50cents to preform and it eliminates the guilty party from preforming any repeat crimes.

 

2. The Cash Flow Format

You throw the criminal in a gladiatorial match of the victims (note victims, as in multiple people agree'ing upon the rules), deathmatch.... first blood... they name it. The court televises it as a PayPerView, generating large amounts of cash, the profit can then be split among the justice department and the victims. (i would also think the PPV show would serve as a demonstration to those fence sitter criminals ;-p )

 

 

A man can dream cant he?

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skepticdude wrote:What's the

skepticdude wrote:

What's the best punishment for rape?

To allow a group of jurors to distinguish what actually happened, and judge on a case by case basis, what punishment fits the crime. If it is premeditated date rape using GHB, then that is different than drunken sex in which one person couldn't understand the other was seriously objecting. The age range of the victim...say 2 year olds, versus 18 year old, versus 80 year olds...there is a lot of psychological stuff going on that is more black and white than just the rape issue.
skepticdude wrote:

Looking deeper, what's more important to you?  How the punishment "pays back" the criminal, or how the punishment benefits society?

In my opinion, the two can't be separated. Justice includes punishing the criminal as an offense to society, even if society in this case means 1 victim, the action affects numerous people outside of the single victim. To not see them as intertwined is to mischaracterize and not comprehend the idea of society, government, and legal systems.

skepticdude wrote:
Should the convict's potential for rehabilitation have anything to do with the level of punishment she should get? 

Of course it should. If he is a 16 year old male, raping a 15 year old female, I think he deserves a chance at rehabilitation...if rehabilitation has shown a chance to work on such people. If not, then it would be a waste of time. The circumstances around the case and the perpetrator's mental state should also be taken into account.

skepticdude wrote:
Should the heart-surgeon be given more leniency than the gang-member?
You keep asking the same question in slightly different ways...You are seeing rape as an absolute black and white thing, and not taking into account an other circumstance. Again...depends on the circumstances. If the heart surgeon had brutally raped 1,000 8 year olds, felt no remorse, and said he couldn't stop his urges...then I would say the death penalty would probably be warranted, if life in prison wasn't seen as more appropriate. If the gang member was a good 16 year old kid literally forced to join or be repeatedly beaten or killed and he committed the act as a rite of passage, then we would look differently at it.

skepticdude wrote:
Should the victim be given the right to decide her rapist's fate?  How much importance should be attached to the victim's sense of loss and violation??
tThis is a ridiculous idea...and if you apply it here you would have to apply it to every other part of the legal system, changing it from an objective, fair, impartial process to a subjectively unfair process of revenge that presumes guilt rather than innocence.

skepticdude wrote:
Most would agree nothing can be done to erase the violent experience from the victim's mind.  Should the rapists therefore be punished for as long as the victim must live with the memory of that violent act?
No

skepticdude wrote:
And even deeper...most people agree that the punishment should also send a message to potential rapists.  How important is it to you to make the rapist an example to help deter potential rapists?  Would the need for this signal justify imposing a harsher punishment than he otherwise should get?  Should his penis be cut off without anesthesia on national prime time tv?
To put this in perspective...the death penalty is supposed to be a deterrent from killing people. Guess what, people still kill people. On its merits, the deterrent argument never works. I think death is the ultimate deterrent, so anything less than that would fall under the same failed premise. Cutting off someone's penis on national tv doesn't deserve a rational response.

skepticdude wrote:
My own theory is that everybody convicted of non-consenting sex should be granted one appeal. If they lose that appeal, death penalty.  Us tax payers don't' suffer the cost of storing that piece of shit, the problem is solved, and it sends a strong deterring message, especially if advertised properly. 

This has been said before here, and I will say it again. You are making an absolutism argument, it is really a straw man one at that. "Only the Sith deal in absolutes..." Saying an act, any act, is wrong, and creating a predetermined punishment with no flexibility in prescribing punishment is the quintessential essence of a failed policy, unless you really don't think circumstances, intentions, age of victim/perpetrator....etc.etc.etc. play any part in judging someone.

“Fear is the path to the dark side. Fear leads to anger. Anger leads to hate. Hate leads to suffering.” Yoda


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Loc wrote:A doubt

Loc wrote:
A doubt rehabilitation would work in most cases,and why have the taxpayer pay for the rapists rehabilitation.I fanything, use that money for the victim's counseling.

That's why I said "in a perfect world", one where you could take the costs and logistics out of it.  It's why I followed up with a line or two about this not being a perfect world.

Loc wrote:
If it can be proven beyond doubt, execution. The average person would not go rape someone.That means to do that,the person must already have problems.If they can do it once,there is little reason they won't do it again.

That is one thing I certainly can't agree with.  I'm very strong in my opinion that execution is never justified.  It is nothing more than sanctioned gang murder in my humble opinion and I have no more respect for those who organise and perform execution than I do for murderers.

You will note that I also avoid answering the question in the situation of this non perfect world we live in.  That is because the answer is simply because like many things I just do not know.  I have not put the time and effort in to researching the available options, their logistics, costs etc.

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thingy wrote:That is one

thingy wrote:

That is one thing I certainly can't agree with.  I'm very strong in my opinion that execution is never justified.  It is nothing more than sanctioned gang murder in my humble opinion and I have no more respect for those who organise and perform execution than I do for murderers.

 

I agree that execution is a tough one,because it can still be too easy to kill a innocent person.I can think of nothing worse than having a loved one wrongly on death row. But do you respect soliders who (presumably) fight to keep your country from terrorists?(I know you aren't American,pretend) What's the difference with their killing?

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dudeofthemoment wrote:
This is getting redudnant. My patience with the unteachable[atheists] is limited.

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Thanks, skepticdude. I have

Thanks, skepticdude.

 

I have had my suspicions for quite a while that the US is a society where the distinction between justice and revenge has been blurred to the point of meaninglessness. I have also had my suspicions about how psychopathy has become such a prevalent ailment afflicting so many people that they now actually believe they can implement it as a justice system.

 

This, as with other societies that resort to such empty-headed and vindictively cruel procedures in the pretence that it's justice, all boils down to education in my view - as in a lack of it, and a lack on the part of a sizeable minority in understanding even what the point of it is.

 

You're dumb, man. Dangerously dumb - and there's no kind way of expressing it. But then, that's a trait you endorse, isn't it? Sorry to hear I made you think earlier - I didn't mean to cause you any discomfort.

 

Cheers. Have a good life, and just hope to fuck that you don't end up in a society of your own making.

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I think this just shows that

I think this just shows that there is more that divides people that just a belief or lack of in the supernatural.

In many ways as a British atheist I would probably have more in common with British christian fundie than a typcial American atheist.

Our cultures are just so different, we are taught to think in different ways almost from birth.

No one uses the terms big/small govermernet in the UK, no one wants more firearm access , there is no hero worship of the military or in fact hero worship of anyone.

 


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In all these responses

In all these responses you're assuming it's a man raping a woman - what would your response to a woman that rapes a man be? I'm not talking about the teacher that decides to fuck one of her students and he enjoys it - I'm talking about an adult woman forcing herself on an adult man (it does happen, too - just rarely.)

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Matt, you're just picking

Matt, you're just picking out one obvious deviation from skepticdude's presumption that "rape is rape" - based on reversing the sexes of the perpetrator and victim. There are many many more, to do with degrees of violence, honesty of the individuals concerned, mental health of the individuals concerned, alcohol intake of either or both parties, the number of people involved, and a whole host of other permutations. Throw in the fact that it is one of those crimes that has a notoriously high conviction rate for innocent parties and you can begin to see just how outright cruel and downright stupid he is being in suggesting that mutilating one of these people is the way forward, and killing them if they protest but people like him don't uphold it. It's sick, and marks skepticdude out as something worse than a fool - a potentially murderous fool.

 

You too, if you weren't joking in your first reply.

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If the current

If the current "consequences" in place for a convicted rapist is enough of a deterrent....then why does rape happen?

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The same punishment that

The same punishment that should be given for all violent crime-immediate execution. Sorry, but these kinds of criminals cannot be "rehabilitated", and putting them in prison just means they'll be committing more crimes against their inmates. It's best to squash these vermin before they can cause any more damage.


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Rosvarga wrote:The same

Rosvarga wrote:
The same punishment that should be given for all violent crime-immediate execution. Sorry, but these kinds of criminals cannot be "rehabilitated", and putting them in prison just means they'll be committing more crimes against their inmates. It's best to squash these vermin before they can cause any more damage.

 

Hmm so any violent crime punishment should be death, thats a pretty good way of guaranteeing a lot more murders why bother leaving witnesses if the punishment is the same


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The obsession with the idea

The obsession with the idea that the function of punishment is solely deterrence to others being displayed by several people already in this thread is rather sickening.

 

A large proportion of society seems now to be comprised of individuals whose ability to distinguish between reality and fantasy has become dangerously blurred. They have only a vague notion of how consequential the actions they advocate (and sometimes prosecute) really are, or indeed how consequence works at all. They lack the imagination - or even the human decency - to contemplate motive, or indeed contemplate anything more complex than sensational, but stupid, instinctive reactions and feelings on their own individual part. And these they can't even express lucidly.

 

Anyone who advocates wilful mutilation and murder, even to the extent of inflicting this torture on innocent people "since that's the way it has to be and shit happens", has abrogated their own contribution to society in doing so. They have no moral right to label anyone else a criminal, let alone decide how that criminal should be punished, and any society that gives them a role in that level of decision making is a society advanced in its descent into barbarism.

 

There are people here who are making fundamentalist right-wing religion heads look morally superior - and that is really really scary.

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Renee Obsidianwords wrote:If

Renee Obsidianwords wrote:

If the current "consequences" in place for a convicted rapist is enough of a deterrent....then why does rape happen?

Okay, so I will answer my own question: "well renee, it is because people are delusional enough to think the person deserves it or stupid enough to think they won't get caught"

OH, thanks Renee.

SO for the rest of you: If we live in a society that people could give 2 shits about the consequences, what do we do?

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Nordmann wrote:The obsession

Nordmann wrote:

The obsession with the idea that the function of punishment is solely deterrence to others being displayed by several people already in this thread is rather sickening.

 

A large proportion of society seems now to be comprised of individuals whose ability to distinguish between reality and fantasy has become dangerously blurred. They have only a vague notion of how consequential the actions they advocate (and sometimes prosecute) really are, or indeed how consequence works at all. They lack the imagination - or even the human decency - to contemplate motive, or indeed contemplate anything more complex than sensational, but stupid, instinctive reactions and feelings on their own individual part. And these they can't even express lucidly.

 

Anyone who advocates wilful mutilation and murder, even to the extent of inflicting this torture on innocent people "since that's the way it has to be and shit happens", has abrogated their own contribution to society in doing so. They have no moral right to label anyone else a criminal, let alone decide how that criminal should be punished, and any society that gives them a role in that level of decision making is a society advanced in its descent into barbarism.

 

There are people here who are making fundamentalist right-wing religion heads look morally superior - and that is really really scary.

Those in society that have that line between reality and fantasy blurred ARE scary. What needs to be done about it? Is there anything that the government can do to help our 'unmedicated nation' ?

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Fuck the government. Take

Fuck the government. Take responsibility for your own expression and don't allow stupid conventions such as "political correctness" from stopping you call a murderous thick sadist a murderous thick sadist.

 

The problem underlying a lot of this is simple lack of education. In a society where the majority of people can't even construct a sentence, let alone understand what constitutes sentencing legally, the concept of reality becomes nebulous. Humans depend on communication, not just to strengthen social bonds but to articulate and thereby consolidate their fellow vision of reality. It has been the constant honing of that vision that has led humans to develop their rational faculties, and reduced the opportunity for unrealistic superstitions to dictate its progress, or lack of it.

 

When the rational element within society who can still elucidate what they have learnt from this communal process and thereby contribute to it, choose not to on the basis of fear or disinterest then they open the door to the bullshit as represented by certain contributors already in this thread to claim the ground they vacate and pretend that it is they - in all their stupidity - who not only have an analysis equal to yours but a better right than you to decide that this is how society should operate.

 

So fuck the government, as I said. Speak up, or if you can't then at least give me a hand putting Diethylstilbestrol in all the nation's reservoirs before it's too late. It might already be.

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That last bit is a joke, by

That last bit is a joke, by the way (I think).


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A problem I see is that a

A problem I see is that a rape trial often isn't fair. Often either:

 

A. The focus is on whatever the woman did or wore or her reputation, etc (this happens a lot less nowadays. In the 1980s and before it happened more often than not.)

B. The man is railroaded and is automatically assumed guilty.

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Loc wrote:I agree that

Loc wrote:
I agree that execution is a tough one,because it can still be too easy to kill a innocent person.I can think of nothing worse than having a loved one wrongly on death row. But do you respect soliders who (presumably) fight to keep your country from terrorists?(I know you aren't American,pretend) What's the difference with their killing?

I have a lot of respect for the soldiers, they put themselves in the line of fire to protect the rest of us.  I don't respect those who send them in to war though.  I am and always have been opposed to the invasion of Iraq, but now that we have sent people there we have a duty to clean up the mess we created.  Once again my opposition is aimed at those who sent the troops there, not the troops who are, have been, or will be over there.  Their use imho should only be defensive, if there's a direct invasion of your countries land and people, not for first strikes.  A first strike is just like a first punch, it's an admission of loss.

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mrjonno wrote:The only

mrjonno wrote:

The only acceptable use of violence is the self defence or the defence of others the killing of a defenceless prisoner is murder pure and simple.

I don't morally differentiate the killing of a defenceless child killer and the killing of the defenceless child both are murder (extreme examples to make the point).

If you kill somebody in self defense, are you "stooping to the level" of a murderer?  If not, then you agree that killing somebody in the interest of justice doesn't necessarily draw down the judge and executioner to the morally depraved level of the convict.

The constitution guarantees life, liberty, and the pursuit of happiness.

Nobody thinks it is immoral to deprive criminals of the constitutional right to liberty.

So we have to wonder why depriving somebody of their other constitutional right to life in the interest of justice is so wrong.  What's your argument against the death-penalty?  Is the executioner likely to become a criminal for flipping the switch?  That doesn't make sense.

Would you say a judge is merely imitating the immoral man convicted of unlawful imprisonment, when he hands down a sentence of imprisonment for that man?

If not, then you cannot argue that the similarity between the judge's sentencing and the crime itself are equally immoral.  The judge has just as good of a reason to kill the murderer as you do in killing via self-defense.  Human life is too precious to take a chance with.  If a man kills another without just cause, is it really worth letting him live and hoping he doesn't do it again?  Do the people in his living quarters have a right to think that their lives are too valuable to risk him murdering twice?

And it is far from clear whether stooping to the level of the criminal and paying him back equally is immoral.  Lots of people think that's perfectly moral, and of course, morality is relative.  The subject of when it's moral or immoral to use force is highly subjective, but I don't think the case against the death-penalty makes a whole lot of sense.

It could be argued that killing people in the name of fair justice is not morally the same as simply murdering somebody outside the concerns of justice.  Circumstances dictate whether the killing was justified.  The state putting the criminal to death is not engaging in immoral behavior like the murderer did, because they are killing for a different purpose.

You must not value human life too much if you think somebody who has murdered in the past should be allowed to live.  You want that convict babysitting your kids?

What act of immorality would forfeit the actor's right to life?  How about if he shot dead 36 elementary school kids?  How about if some of those dead kids were yours?  Would your sense of justice sharpen up then?

 

 

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skepticdude wrote:If you

skepticdude wrote:

If you kill somebody in self defense, are you "stooping to the level" of a murderer?  If not, then you agree that killing somebody in the interest of justice doesn't necessarily draw down the judge and executioner to the morally depraved level of the convict.

No, you aren't, but killing in self-defense is not killing in the name of justice, but rather killing for protection of one's own life. If your life is in real, immediate danger, and the only way to prevent yourself from being killed is to kill your attacker, it is a terrible situation, but one in which you can hardly be held accountable. However, the line is so nebulous between self-defense and murder that it must be decided on a case-by-case basis in the courtroom.

skepticdude wrote:

The constitution guarantees life, liberty, and the pursuit of happiness.

No it doesn't, that is the declaration of independence. The constitution guarantees the right to a fair trial, and forbids the government from executing "cruel and unusual punishment". All forms of capital punishment are, in my opinion, and in the opinion of many state supreme courts, cruel and unusual, and should be banned.

skepticdude wrote:

Nobody thinks it is immoral to deprive criminals of the constitutional right to liberty.

Prisoners do not have a constitutional right to liberty. In fact, the constitution is very clear on the process of a person's conviction. There is nothing in the constitution, or in federal law, that prevents liberty from being taken away from someone by the state. The constitution merely provides certain rights, such as jury trial, speedy trial, the right to remain silent, the right to an attorney, and the right to fair (not cruel or unusual) punishments.

skepticdude wrote:

So we have to wonder why depriving somebody of their other constitutional right to life in the interest of justice is so wrong.  What's your argument against the death-penalty?  Is the executioner likely to become a criminal for flipping the switch?  That doesn't make sense.

My argument against the death penalty is that it constitutes cruel and unusual punishment, is not effective as a deterrent, and is unreasonably costly to the state.

skepticdude wrote:

Would you say a judge is merely imitating the immoral man convicted of unlawful imprisonment, when he hands down a sentence of imprisonment for that man?

No, because, by definition, if a judge is providing the imprisonment, it is not "unlawful" unless another trial concludes that the man is innocent.

 

skepticdude wrote:

If not, then you cannot argue that the similarity between the judge's sentencing and the crime itself are equally immoral.  The judge has just as good of a reason to kill the murderer as you do in killing via self-defense. 

No, because nobody is in immediate danger from the suspect when he is in custody. Self-defense only occurs when there is an immediate threat. If the suspect is holding a gun to the judge's head, and the judge shoots him, that is killing in self-defense. If the judge sentences a man to death, it is merely a judicial sentence. I feel that this sentence is unconstitutional, so the fault lies with the lawmakers, not with the judge. The judge merely carries out the law.

 

skepticdude wrote:

Human life is too precious to take a chance with.  If a man kills another without just cause, is it really worth letting him live and hoping he doesn't do it again? 

If you feel that, he ought to be put in prison for life, not killed.

skepticdude wrote:

Do the people in his living quarters have a right to think that their lives are too valuable to risk him murdering twice?

If they do think their lives are at risk, the criminal should be put into a higher security prison, not executed.

 

skepticdude wrote:

And it is far from clear whether stooping to the level of the criminal and paying him back equally is immoral.  Lots of people think that's perfectly moral, and of course, morality is relative.  The subject of when it's moral or immoral to use force is highly subjective, but I don't think the case against the death-penalty makes a whole lot of sense.

I do not question the morality of the death penalty, merely its constitutionality. I do not think that the government has the right to order the deaths of its own citizens under the constitution.

skepticdude wrote:

It could be argued that killing people in the name of fair justice is not morally the same as simply murdering somebody outside the concerns of justice.  Circumstances dictate whether the killing was justified.  The state putting the criminal to death is not engaging in immoral behavior like the murderer did, because they are killing for a different purpose.

Indeed, but it is still wrong for the state to be punishing someone with death.

skepticdude wrote:

You must not value human life too much if you think somebody who has murdered in the past should be allowed to live.  You want that convict babysitting your kids?

Appeal to fear.

You must not value human life too much if you think that it can be thrown away at will by the state. Nobody wants a convict babysitting their kids, but that is not the issue here. The issue here is life imprisonment versus death. If a criminal is in prison for life, he will not babysit your children.

 

skepticdude wrote:

What act of immorality would forfeit the actor's right to life?  How about if he shot dead 36 elementary school kids?  How about if some of those dead kids were yours?  Would your sense of justice sharpen up then?

No act of immorality would forfeit anyone's right to live. Lives are not something that you can barter and trade, and they are certainly not the property of the government.


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Quote:No crime is "evil

Quote:
No crime is "evil enough" to deserve the death penalty. The death penalty is unconstitutional, and it ought to be repealed.

Morality is relative.  How would you argue that the death penalty is "wrong"? Who should decide whether a crime deserves deprivation of the criminal's life?  Democratic majority, right?

Quote:
Imagine this scenario: what if the convicted rapist was actually innocent? One of the major concerns of the justice system is to ensure that innocent people are not convicted. What if, for instance, the victim who demanded vigilante justice simply disliked the person, and accused them of rape? Imagine such a case got through. It would be downright terrible to have an innocent person put do death, or have any number of terribly cruel punishments put upon them.

So what?  By your logic, anybody sent to prison might be innocent too, so we shouldn't subject them to such a horrible thing.

Quote:
skepticdude wrote:
The Law makes provision for use of lethal force to protect your life or your property.  Would you condemn a lady who shot a man to death for trying to rape her, who obviously felt her life was in danger?  If not, how would you argue that man deserves less than death, should the lady simply escape and have him captured by the police?  If he deserved death during the act, how much time passes between the rape and his death doesn't mean anything, does it?

 

It's not about deserving death, its about protecting your own life. The woman shouldn't be convicted for protecting her own life. Afterwards, the man should not be put to death, because now that he is in custody, he is not an immediate threat to anyone.

What does his lack of immediate threat to anyone after capture have to do with the question of whether he deserves the death-penalty?

Quote:
skepticdude wrote:
Why?  What makes you think that the state handing the convict over the family of the victim to do with as they please, is worse than the current system?  You have not demonstrated how this more primitive system would create more evil in the land, you simply object that it's barbaric without demonstrating why it's barbarism hurts society more. Oh, one more thing....what would you say to the mom who vows vigilante justice on the man whom she caught trying to rape her little girl?  Whose morality deserves to reign in that circumstance, and how did you figure that one out?

 

Vigilante justice is worse because it is subject to the mentality of the mob.

Who are you to say the mob is necessarily wrong?  Heck, the courts of law might be wrong, that doesn't stop them from operating.

Quote:
That is, it is unverified and unscientific.

Wrong, the example I gave you was of the mom catching a pedophile with her daughter IN THE ACT.  Seeing it with your own eyes is the best form of verification and scientific validation.

Quote:
Someone could easily be put to death under the vigilante system for hearsay and rumor, or even plots by people who don't like them.

So?  Evolution works by survival of the fittest.  It was that principle that evolved you to the point of intelligence to be able to say "vigilante justice is wrong".  Did evolution outdo itself in your case, or did evolution make a mistake with you? 

Quote:
A state-run justice system is better because it brings in a neutral third party who can more clearly see who is guilty and who is innocent.

Not hardly....the mother can clearly see the pedophile on top of her daughter.  If there is no other evidence but her testimony, the jury is not getting as clear a case of the man's guilt from her words, as she herself had by seeing the act herself.  Taking the matter to court makes the matter more difficult because now you have to prove something to somebody else, and the defense will certainly try to impugn your credibility, and the jury simply doesn't think the suspect is as obviously guilty as the mother would.

Quote:
If a mother vows vigilante justice upon someone for raping her daughter, and she carries it through, she ought to be convicted. (Especially if she murders the rapist), because the authority of justice rests in the state, and not in either party.

I'm positively certain you wouldn't argue that way if it was your own daughter you saw being raped.  People's ideas about justice do an about-face when it's their own kids in the mix.  It can also be argued that their increased emotion is the more objective viewpoint because it brings out their deep-seated beliefs more fully, sort of like alcohol shows you another side of a person they normally keep consciously hidden.

skepticdude wrote:

Let's get deeper...I honestly don't see the evil of vigilante justice.  If potential criminals realize they are driving into a neighborhood where burglers are more often shot dead during the crime than captured by police, they are less likely to burglerize that neighborhood.

 

Yes, and people are more likely in such a neighborhood to shoot one another for minor infractions, like say, stealing one another's property.

What if I don't view the stealing of my property as a minor infraction?  How do you decide how I "should" view something?  Can you agree with me that morals are relative, and that democratic majority is probably the safest way to establish law?

Quote:
Eventually, the neighborhood is thrown into anarchy and everyone is shooting everyone else for no good reason.

That's not likely at all.  If everybody in the neighborhood shoots burglers on site, the homeowners are more likely personally against the idea of stealing, therefore the only people dying are the burglers, not the entire neighborhood.

Quote:
It would be like the wild west, or Nigeria for that matter. Places where there is no state-run rule of law are very terrible places to live indeed.

not terrible merely for lack of state law.  It's not like everything was absolute chaos in the wild west of the 1800's when you could pack a gun.  Injustice plagues all legal systems, what you'd have to establish with argument is that my proposed system would result in more innocent people being hurt than are with the current system.  I see no arguments, just assurances of how my idea would create terrible living conditions.

Quote:
skepticdude wrote:

I see nothing "unjust" about letting the victim and/or family decide and carry out the fate of the convicted criminal who hurt the victim.  You have not demonstrated why that system is "worse" than the one we currently have.  Other nations use this more primitive system, and they wouldn't be nations if such system could only cause more evil and chaos in the land.

 

Nations can exist and have utterly broken states. Africa is an excellent case study in this problem.

The rationale behind my proposal is that the criminal should suffer as much as he caused the victim to suffer, and the victim, not a jury or judge, knows best the extent of the damage.  If she jacks up the price more than it "should" be, that's tough shit, the criminal should have thought about how individual victims might be completely merciless before he chose to attacker her.

The idea of utter mercilessness would be an effective deterrent to such criminal behavior, far more than a possible year in jail with his homies and a fine.  You rape a child and the parents might cut you in half with a chainsaw upon conviction.  Rape of a child becomes far less desireable in the mind of the criminal under this system than under the "more civilized" system we have today.  The possibility of utterly horrific consequences would keep the bastard's hormones in check with greater force than the threat of jail.

Quote:
skepticdude wrote:

Not at all.  If a court convicts you of raping some woman, they will turn you over, in shackles, to her and her family, who will decide your fate.  How is that justice through fear and ignorance?  You cannot have a working justice system that isn't feared to some extent by those that wish to oppose it, can you?

A justice system doesn't require fear because its main goal is after-the-fact carrying out of justice, not deterrence.

Wrong, in all cases I know of where a high profile sports jock or actor was convicted of a crime, they were always made an example of by the court in some way to DETER.  Jail and prison are NOT simply after the fact justice.  They want to make sure you think about how horrible jail was the next time you are tempted to commit a crime.  DETERENCE, straight from the heart of prison, the justice system.

Quote:
A criminal being punished by a victim is by nature unjust, because not all victims will give the same sentences,

The difference in punishments is what makes victim-vengeance a better system.  The criminal cannot count on an upper limit to the sentencing range, which he can do under the current system by simply reading the sentencing guidlines.  Criminals who might be willing to take a chance stealing a bicycle under the currect system of predictable justice, wouldn't be so quick to steal that bike if the possibility existed that the victim might insist on death after conviction. 

Quote:
and many are likely to be clouded by their emotions, and would provide extremely cruel punishments.

But you haven't prove that the victim's emotions shouldn't play a part.  If a man rapes a woman, HE is reponsible for her emotional rage toward him.    Please try to remember that morality is relative, and that you are never going to prove that one punishment is better or worse than another.  As such, the best system of law that will preserve order and supress chaos for a large group of people is democratic majority vote.

 

Faith does not have the power to move mountains. However, it does have the power to make you think a mountain has moved.


Subdi Visions
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Fantasy Island

People that suffer from sexual deviancy that includes rape or molestation are not, at this time, fixable. They should not be allowed to live in a normal, non deviant society. They should be placed on an island in the South Pacific. Sort of like the movie No Escape. They should also be sterilized so that they can't create more victims. I don't think these people should be put to death. As sick as they are, they are sick. The main thing, I think, though is that they can't be fixed so let them live the rest of their days in paradise.

People that murder, without just cause, their fellow man/woman should be executed. Life is precious and they have no right to deprive another of the right to life. They have forfeit their right to life. I'm sure that some probably could be rehabilitated but some can not. And to provide as safe an environment as is possible as it relates to having people walking around thinking it's ok to murder others. Life without the possibility of parole is a fantasy. At anytime in the future their sentence could be commuted or they could be released on some bull shit technicality. The only sure fire, 100% way to ensure that someone will never take the life of another is to put them down.

The jury system should be eliminated. Every criminal I know, knows its much easier to bull shit 12 idiot citizens than one judge thats been around the block more than a few times. Juries are absolutely retarded.

I heard that in England the prosecuting attorneys and defense lawyers are constantly being switched back and forth from case to case. That appeals to me.

Ah well, it's not like I'll ever be made Supreme Ruler of the World anytime soon Sticking out tongue

Respectfully,
Lenny

"The righteous rise, With burning eyes, Of hatred and ill-will
Madmen fed on fear and lies, To beat and burn and kill"
Witch Hunt from the album Moving Pictures. Neal Pert, Rush


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I agree Juries are a bad

I agree Juries are a bad idea nowadays. They are too easily emotionally swayed. Add to that how disruptive jury duty is to most peoples' lives and the choice of people who get on are either those who really feel it is their duty, peole who get it even though they tried to get off (who are likely pissed off and want to see someone suffer) and people to stupid to get out of it - and it's a bad idea. Better to have I'd say a panel of judges - and they'd have to be tested that they'd make rational rather than emotional decisions in order to be a judge.

Matt Shizzle has been banned from the Rational Response Squad website. This event shall provide an atmosphere more conducive to social growth. - Majority of the mod team


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If "deterrent" is the point

If "deterrent" is the point of the court system why isn't the death penalty the punishment for all crimes?

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