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I just said that to cover that I'm specifically talking about America when I talk about the death penalty, because sometimes I forget to bring that up when I talk about data/trends.
Yea that's fine. I was just making clear that both of us talking in the context of similar principles behind the law.
I'm saying that it can do this just fine with incarceration, whereas in the case of something like war, usually you do actually need to kill people in order to protect citizens. I don't think the state's authority should circumscribe all matters of life or death unless it can be shown that it is in fact necessary to do so.
You are missing the point- it's not about how state behaves in two situations- I was only reminding the most basic and first responsibility of state - keeping the people it rules safe from threats within and without.
Clarifying that my point is that if you're charging someone on a capital crime case, that means they're not coming out either way. So it doesn't really matter all that much if you kill them or if you let them live - there's not all that much at stake, as far as I can tell.
So exactly who is paying for their upkeep and facilities within? And all the security needed to keep them in and to save others from them and what not? Many of these violent criminals end up running their gang inside the jail too an victimizing the weaker and less hardened criminals jeopardizing their reformation too.
For death penalty cases: aggravated murder, so killing someone + something else to make it worse (killing children, murder-robberies, murder-rapes). There was a controversial ruling back in 2008 where the Supreme Court said you can't impose the death penalty for a non-homicide case, but I don't know how much the states have adapted to this, or if that ruling will stick.
As far as the effectiveness of incarceration goes, I mean you can't really study that for lifetime imprisonment or death row, can you? They never get out, unless they're exonerated after the fact. xD But for regular homicide, or rape, recidivism rates are pretty low. I don't know what you'd consider tolerable, but it's in like, the low single digits (1-3%). I don't really know what you mean by "how effective is incarceration," since the alternative to the death penalty is usually framed as life imprisonment, in the U.S. anyway.
Yes you can. You are arguing that death penalty is ineffective deterrent while incarceration works better- if you haven't studied it exactly on what data you are making this conclusion form? There has to be some source you are recalling.
What is a regular homicide exactly? In India death penalty is issued in "rarest of the rare case" and If USA has the option I suspect it's not that common there either. But we are not talking about regular cases are we?
My argument is what I said in my response to your previous quote, in the first paragraph.
Come on - it was a jumbled mess meaning little sense.
Sure, but like I said, I don't see how killing them makes a difference from just locking them up for life. Doesn't matter how psychopathic or violent they are (although, if they were super violent, they'd probably be incarcerated separately from everyone else, obviously). I'm looking at this in terms of "death penalty vs. life sentence," since that's the choice OP gave, not "death penalty vs. walk." They both accomplish the same thing. Society is protected (it's not like these dudes are escaping), and statistics on incidents of violence with lifers versus statistics of violence with death row inmates, afaik, don't exist (probably because it's not like death row inmates can really do all that much, given the circumstances of their incarceration separately from everybody else, from what I've read).
I had edited and added more examples after you quoted me but before you made the post-cases where kept a guy incarcerated till his friends hijacked a plane and got him freed- the guy went on planning 9/11 and 26/11 ( Mumbai) attack. keep counting the lives that might have been saved.
Negotiations
Maulana Masood Azhar – founded Jaish-e-Muhammed in 2000 which gained notoriety for its alleged role in the 2001 Indian Parliament attack.[13][14]
Ahmed Omar Saeed Sheikh – arrested in 2002 by Pakistani authorities for the abduction and murder of Daniel Pearl.[15][16]
Mushtaq Ahmed Zargar – has played an active role since release in training Islamic militants in POK.[17]
Ahmed Omar Saeed Sheikh, who had been imprisoned in connection with the 1994 Kidnappings of Western tourists in India, went on to murder Daniel Pearl and also allegedly played a significant role in planning the September 11 attacks in the United States.[18]
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My original point was that there should be legal principles held above all else under which a country operates, and even though these legal principles are obviously constructed, we should try to emulate the ideal of the rule of law as closely as possible. I agree that all legal principles are constructed. My argument is that the absence of such a legal principle in the United States constitution doesn't mean that it shouldn't exist.
Problem is that people talking against it want it completely abolished. And not only in their own country. Their government and religious as well as supposed humanitarian organizations also lobby and fund against such movements in a country like ours.
As I said in my first post- I don't advocate it lightly but I want the option to stay and state should be have the authority to exercise it.
When I said this, I was responding to someone who I believed took it for granted that the state has the right to take the right to live away from those who take it away from someone else. My point was that it's not something that can be taken for granted.
Not sure what you're trying to communicate to me here. I don't really disagree with anything that's being said in this quote, anyway. As far as ideals being too subjective goes - well, there has to be some kind of ideal. The debate is on what the ideal is, yeah? This is starting to feel very abstract, so I'm willing to drop this point unless I'm reminded of what the relevance was. xD
The topic is should there be death penalty at all and if the state has the authority and why? That's the relevance.
Explained to you in VMs that I typoed when I said that. xD My bad. I agree with this, basically.
I'm well aware of this. I've said in other threads that in the States, Indian dudes can't really get into clubs (maybe this seems minor, but I'm saying that I'm extremely aware of how these stereotypes can pervade into other societies down to the most mundane levels xD) as easily as people of other ethnicities because of stereotypes arising from situations like this (even before that controversial case occurred). I also don't disagree with you about Germany and its handling of refugees, becauseYou must be registered for see links. They should have checked themselves before coming at India so hard. Semi-feel like I'm going off topic though.
But India felt the impact from the international backlash, not as much from the crime itself (correct me if I'm wrong, but this is what you described, basically). I don't feel that this is comparable to your average death penalty case in the United States.
No rapists are not given death penalty here- not unless they murdered the person so you saying in a post that it will encourage them to kill doesn't fit in. They kill the victims so that they cannot report the crime at all- a crime that only have incarcerated them.
Death penalty vs. life sentence =/= lightly, imo. Anyway, death penalty has no noted deterring effects as it is instituted in the U.S. Don't know if there's data on how much it deters crime elsewhere.
I just checked wiki a total of 1 person was given death penalty in India in 2015 (1 person in a population of 1.2 billion)
Based on the official statistics of the National Crimes Records Bureau, between 2001 and 2011, an average of 132 death sentences were handed down each year. [4] However, the Supreme Court confirms barely 3 to 4 death sentences each year and only 1 last year.
In USA it says 28- However the wiki didn't mention the type of crime here.
As for the backlash- there is also a thing called racism that's at play here not that many are willing to accept it.
Argument is about life sentence vs. death penalty. If you want to use the scenario of this case, I would say they should have locked him up for life. Cases with minors are a whole different debate, though.
That example was only relevant to show the long term impact on society.
I can concede that if rape was a death penalty case, rapes would (hopefully, honestly, I'm actually not all that convinced that they would...maybe murder-rapes would go up instead, and I'm not joking :|) plummet. xD Is it ever a death penalty case in India? In the United States, it would have to be cases involving minors, but I don't know if that's still legal.
The debate isn't really about whether or not rape should be a death penalty case. But, if you want my opinion, it should be held to the same standard as murder, and I think it's wrong that it isn't held to that standard. But I think this is off topic.
As I said - I am not particularly advocating for death penalty for rape- unless of course it falls in the "rarest of the rare" category- you were talking about crimes not impacting society at large and talking about family seeking revenge so I mentioned the case to show crimes may affect on large scale.
That said, despite the perception that rapists are gonna rape, recidivism for rape is in the single-digits. This might have something to do with the *** offender registry in the United States, and I don't know what systems exist elsewhere. The issue seems to be more about punishing rapists at all rather than whether the punishment works (since way too many rapists never even are apprehended). But again, verging on off-topic.
It is off topic lol. You are on the wrong track.
For minor cases, yes. Not as much for cases like rape and murder (like I said, recidivism in the single digits). We're not gonna start killing people or locking them up for decades over burglaries, I hope.
................
I agree, and like I said, I don't know that keeping people and their property safe requires the death penalty, because it hasn't really been convincingly shown to me that this is the case.
No one can convince each individual because some would always play Uzumaki Naruto.
Yeah, this is why I specified that I was talking about the U.S. I don't know how it really goes in other countries, or what the numbers are. In the U.S., at least, there are other factors besides actual time served; inmates on death row are significantly more expensive to care for than inmates in regular/lifetime incarceration, and litigating their cases is more expensive. I don't know what the time spent on death row is in other countries (where there are death rows, anyway).
I know that in the U.S. you're pretty much saving quite a bit of money if you abolish the death penalty entirely and replace all those cases with life imprisonment cases, and I posted on this earlier in the thread with the sources and such.
Well if cost was the only consideration when it comes to handling criminals and punishments- hanging them on a tree is most cost effective and fast. But we don't do that do we? The options should be weighed carefully but removing death penalty altogether is not practical.
Now reviewing whether the way it's being applied and in the cases it's being applied is another matter.
Some final points:
[LIS T]
[*]I think you mentioned something about how since criminals are different due to intent, the punishments available should be different, and death penalty should be an option when it's clear that the criminal is a true psychopath and only exists to murder, rape, and plunder (not in these words, obviously)? I can't find the quote for some reason, but I'm pretty sure I read it. Just in case, as far as what I think about that goes: still not really convinced that life incarceration doesn't solve the problem. Like I've been saying, in the United States, at least, monetarily, it's not a question of it being more expensive.
As I said here the capital punishments are rare but the option is there. And I am strongly against the activists that keep advocating against it. Because they either have their ulterior political motives ( in India at least) or are people who do not understand legal principles nor think things through. They support abolition of death penalty just to be cool and modern. Steal their wallet and they will be up in arms to beat you up near death.
[* Recidivism is often prevented not only by the fact that we threw people in jail, but by the fact that once they're out of jail, they aren't ever going to be a full citizen again. Felons will always be felons in the US system. Their mobility in the country is limited, their status is going to be recorded and known by their employers most of the time, etc. So it's much harder to get into jail for something felonious (like murder, and especially like rape), come back out, and get away with or consider doing the same thing twice. It's not just about the punishment rendered by the court. And if you're on trial for a capital crime case, you're not getting out, death or life, either way.
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How many of these people who get rehabilitated successfully are psychopath and sociopaths enough to indulge in serious crimes that may warrant death penalty?
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summary, the sense of safety you're talking about - I don't see why just keeping that person locked up for life isn't enough to maintain it.
Because I don't wish to pay to keep a rapist alive and healthy who wouldn't think twice while torturing a girl to death. The people who do things like that often not only relapse they also use it for threats again and others copy them too when they see these criminals being able to drag out cases in courts and practically get away like 70% times on technicalities. It's not like conviction rate in Western countries is that much higher either.
On top of it if you think just death penalties are a problem there are new theorists that want to abolish the prisons too.
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There will always be new experiment but I doubt any of these theories to deal with criminal better are perfect.
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