Glad to see this discussion continuing.
I agree. The deterrant argument (both for and against) as it related to the DP is nigh on useless.
About all that can be said regarding general deterrance is that there's not enough information either way, but I can promise you one thing:
I am absolutely, 100% certain that Pee Wee Gaskins (mentioned in my posting above) will NEVER kill again.
How do I know that?
Cos he went and had a little private conversation with old sparky.
Given his track record of murder and mayhem, would YOU want the "reformed" Mr. Gaskins living next door to you? Would you want to risk that he might escape, or be let out for good behavior?
Honest answer, please.
And yes...there is a risk (a slight risk, but a risk nonetheless) that an individual could be wrongly or falsely accused of one or more of these brutal crimes, and then combined with having a complete buffoon for a trial lawyer, and a total lack of an alibi, coupled with a series of strange coincidences that weight a body of physical or circumstantial evidence against him, and thus, we might put an innocent man to death.
If the requirement of proof is sufficiently high, however, this percentage drops mighty close to zero. NOT zero, to be sure, which is its one failing.
Nonetheless, it's the right approach, because damage WILL occur no matter which course you choose. No DP, and you run the risk of letting psychos break free to do it again. Or to get off on a technicality, or for good behavior, or for prison overcrowding, or because a politician is pressured to work a pardon, or for a million other hard to control reasons. He gets out, he kills again, and you get damage.
Or, you go the other way. Do your best to set the burden of proof extremely high, and only break out the DP for the worst of the worst. The monsters. And every once in a while, an innocent man dies. It's not pleasant, but the possibility is there, and if and when such a thing occurs, which scenario is easier to mitigate and control the damage? A killer on the loose, or the state, in position to at least make some form of restitution for their own wrongdoing? How much restitution do you suppose the penniless killer can provide to the victims of the families of the folks they killed? Not that money fixes it, but at least when the state makes a mistake, they can offer SOME FORM of restitution, and thus, it's at least containable damage, as opposed to risking letting the genie out of the bottle (or several of them at once)
The only alternative proposed so far would be a life of imprisonment without the possibility of parole, and this carries grave risks (many of which were mentioned above).
To minimize a good chunk of the risks posted above, the next logical step would be a lifetime of solitary confinement. Still not 100% secure, but better, except that smells a lot like torture. If this is the position "lock them up forever, never let them out, make the jails as secure as you can (solitary confinement), NOW we arrive at the crux of the counter argument.
It seems to me that this counter argument can be summed up by saying:
several decades worth of continual torture is morally superior to a quick, clean death.
I'll await further word from the anti-dp crowd for clarification on this point.
-=Vel=-
I agree. The deterrant argument (both for and against) as it related to the DP is nigh on useless.
About all that can be said regarding general deterrance is that there's not enough information either way, but I can promise you one thing:
I am absolutely, 100% certain that Pee Wee Gaskins (mentioned in my posting above) will NEVER kill again.
How do I know that?
Cos he went and had a little private conversation with old sparky.
Given his track record of murder and mayhem, would YOU want the "reformed" Mr. Gaskins living next door to you? Would you want to risk that he might escape, or be let out for good behavior?
Honest answer, please.
And yes...there is a risk (a slight risk, but a risk nonetheless) that an individual could be wrongly or falsely accused of one or more of these brutal crimes, and then combined with having a complete buffoon for a trial lawyer, and a total lack of an alibi, coupled with a series of strange coincidences that weight a body of physical or circumstantial evidence against him, and thus, we might put an innocent man to death.
If the requirement of proof is sufficiently high, however, this percentage drops mighty close to zero. NOT zero, to be sure, which is its one failing.
Nonetheless, it's the right approach, because damage WILL occur no matter which course you choose. No DP, and you run the risk of letting psychos break free to do it again. Or to get off on a technicality, or for good behavior, or for prison overcrowding, or because a politician is pressured to work a pardon, or for a million other hard to control reasons. He gets out, he kills again, and you get damage.
Or, you go the other way. Do your best to set the burden of proof extremely high, and only break out the DP for the worst of the worst. The monsters. And every once in a while, an innocent man dies. It's not pleasant, but the possibility is there, and if and when such a thing occurs, which scenario is easier to mitigate and control the damage? A killer on the loose, or the state, in position to at least make some form of restitution for their own wrongdoing? How much restitution do you suppose the penniless killer can provide to the victims of the families of the folks they killed? Not that money fixes it, but at least when the state makes a mistake, they can offer SOME FORM of restitution, and thus, it's at least containable damage, as opposed to risking letting the genie out of the bottle (or several of them at once)
The only alternative proposed so far would be a life of imprisonment without the possibility of parole, and this carries grave risks (many of which were mentioned above).
To minimize a good chunk of the risks posted above, the next logical step would be a lifetime of solitary confinement. Still not 100% secure, but better, except that smells a lot like torture. If this is the position "lock them up forever, never let them out, make the jails as secure as you can (solitary confinement), NOW we arrive at the crux of the counter argument.
It seems to me that this counter argument can be summed up by saying:
several decades worth of continual torture is morally superior to a quick, clean death.
I'll await further word from the anti-dp crowd for clarification on this point.
-=Vel=-
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