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The Death Penalty

A prisoner may prefer incarceration to death, or vise versa. If death, that is their own option.
a collective group may prefer to bear the expense of incarceration, which i'd posit is at their discretion.

DBT do you agree or disagree with the hypothetical that there are crimes which are heinous enough to warrant never allowing an individual to re-enter society?
(assume for the sake of this hypothetical that guilt is 100% certain)

Of course there are. Some should never be released. Executing them sets up a double standard; it's not ok to kill, unless in self defense/ it's ok the kill bad guys because they are not fit for civilized society even when they are confined and cannot harm anyone.
 
I also swear to tell the truth for voir dire, and you would have me violate my oath?
I neither implied nor meant to imply such a thing, though it does pose an interesting question, in that it seems to indicate that you consider killing a prisoner to be a moral wrong, but less of a moral wrong than telling a lie, if lying would allow you to save the life of a possible defendant. For me, there is similarly a question of conflicting values that differ in scale. I think that capital punishment is a moral wrong, but one which is counterbalanced in this case by my moral responsibility to both fulfill my responsibilities of citizenship and more importantly, my ethical responsibility to participate in guaranteeing a fair trial to someone else in my community who is facing a critically important judgement.

I have no interest in telling anyone else what to do, here, though I do advocate politically against the prison system in this country, and in particular have invested considerable time and money in trying to end the practice of slave labor within that system, a phenonemon not unconnected to the question of capital punishment. Every election season, I'm on the phones.

Be that as it may, perjury is a felony, and all of you could now help send me to jail if I ever claimed that there is nothing standing in my way of rendering a fair verdict of guilt or innocence. I do not believe that people are somehow worse than me at rendering a fair verdict just because they are comfortable with the death penalty, so I don't see the point lying my way onto a jury just to make sure that a guilty person doesn't get executed. That would be dishonest, illegal, and possibly put a murderer back out on the street.

You didn't answer my questions about whether you would serve on juries in trials where the penalty was punitive amputation or torture, so I'm going to assume that you don't feel any more comfortable putting yourself in that hypothetical position than I do with executions. Maybe you would see it as an opportunity to save a guilty person from undergoing such cruel punishment. Saving a murderer from execution might seem a noble cause in the abstract, but it won't reform the system that treats capital punishment as justified or do anything to seriously deter people from committing murders or other heinous crimes. All it would achieve would be to make me a cog in the machinery of a barbaric legal system.
 
Of course there are. Some should never be released. Executing them sets up a double standard; it's not ok to kill, unless in self defense/ it's ok the kill bad guys because they are not fit for civilized society even when they are confined and cannot harm anyone.
well, i'd agree it's a double standard *if* you adhere to a strict moral position of "life, at any cost, regardless of circumstances" - but IMO that's a distinctly vile and repulsive attitude to take and to force on other people.

death is almost incalculably more kind, humane, and moral than subjecting a consciousness to a life lived inside the US prison system.
so i'd personally find it MORE morally questionable to posit that it's not OK to kill (ie, simply release a consciousness from dealing with any of this shit anymore) but it's OK to torture a conscious mind for literal decades and deny it any shred of hope of release or escape.
 
You didn't answer my questions about whether you would serve on juries in trials where the penalty was punitive amputation or torture, so I'm going to assume that you don't feel any more comfortable putting yourself in that hypothetical position than I do with executions.
I'm not honestly certain what my answer would be. Not something I'd be comfortable speculating on absent context. I would say that everyone who serves on a jury for a felony case is party to torture, though. If you disagree, you know little of what the US prison system is actually like for those subjected to it.

Maybe you would see it as an opportunity to save a guilty person from undergoing such cruel punishment. Saving a murderer from execution might seem a noble cause in the abstract, but it won't reform the system that treats capital punishment as justified or do anything to seriously deter people from committing murders or other heinous crimes.
Neither does refraining from serving on a jury.
 
Of course there are. Some should never be released. Executing them sets up a double standard; it's not ok to kill, unless in self defense/ it's ok the kill bad guys because they are not fit for civilized society even when they are confined and cannot harm anyone.
well, i'd agree it's a double standard *if* you adhere to a strict moral position of "life, at any cost, regardless of circumstances" - but IMO that's a distinctly vile and repulsive attitude to take and to force on other people.

death is almost incalculably more kind, humane, and moral than subjecting a consciousness to a life lived inside the US prison system.
so i'd personally find it MORE morally questionable to posit that it's not OK to kill (ie, simply release a consciousness from dealing with any of this shit anymore) but it's OK to torture a conscious mind for literal decades and deny it any shred of hope of release or escape.

Not at any cost. Self defense is not excluded. Nor is suicide if life becomes unbearable. Suicide may be a problem if it hurts loved ones.
 
Of course there are. Some should never be released. Executing them sets up a double standard; it's not ok to kill, unless in self defense/ it's ok the kill bad guys because they are not fit for civilized society even when they are confined and cannot harm anyone.
well, i'd agree it's a double standard *if* you adhere to a strict moral position of "life, at any cost, regardless of circumstances" - but IMO that's a distinctly vile and repulsive attitude to take and to force on other people.

death is almost incalculably more kind, humane, and moral than subjecting a consciousness to a life lived inside the US prison system.
so i'd personally find it MORE morally questionable to posit that it's not OK to kill (ie, simply release a consciousness from dealing with any of this shit anymore) but it's OK to torture a conscious mind for literal decades and deny it any shred of hope of release or escape.

Not at any cost. Self defense is not excluded. Nor is suicide if life becomes unbearable. Suicide may be a problem if it hurts loved ones.
so, by that logic, it could be argued that killing someone is more moral than incarcerating them for life, is that not correct?
i mean, assuming that as you stated 'if life becomes unbearable' is a scenario wherein 'life, at any cost' can be mitigated.
 
You didn't answer my questions about whether you would serve on juries in trials where the penalty was punitive amputation or torture, so I'm going to assume that you don't feel any more comfortable putting yourself in that hypothetical position than I do with executions.
I'm not honestly certain what my answer would be. Not something I'd be comfortable speculating on absent context. I would say that everyone who serves on a jury for a felony case is party to torture, though. If you disagree, you know little of what the US prison system is actually like for those subjected to it.

I've never been arrested, let alone spent time in jail, so I can honestly say that I do know little of what the prison system is actually like. Maybe you know more than I do.
Maybe not. I still don't see how agreeing to send someone to the death chamber is substantially more justified than agreeing to send them to a torture chamber. I'm not going to pass judgment on cases where the defendant could be sentenced to death. I have and will serve on juries where the guilty party is sent to prison. People tend to survive prison alive and relatively intact, and I don't honestly know what a better alternative would be to incarcerating people who commit serious crimes.

Maybe you would see it as an opportunity to save a guilty person from undergoing such cruel punishment. Saving a murderer from execution might seem a noble cause in the abstract, but it won't reform the system that treats capital punishment as justified or do anything to seriously deter people from committing murders or other heinous crimes.
Neither does refraining from serving on a jury.

True, but I never claimed that jury service was any kind of solution to the problem.
 
People tend to survive prison alive
Except for the 4,000 each year who do not, and the rate is rapidly increasing in recent years.

and relatively intact
Dubious. The average US prisoner spends ~two years imprisoned. 13% of prison inmates report serious injuries while in prison. 30-60% of incarcerated men experience Post Traumatic Stress Disorder; this is often connected to the experiences that put them there, but the limited or non-existent access to mental healthcare for current or former inmates exacerbates the issue. Being imprisoned is also associated with a life of poverty, stigma, and continued trauma once the inmate is released.

and I don't honestly know what a better alternative would be to incarcerating people who commit serious crimes.
Incarcerating under humane conditions and taking active steps to rehabilitate them into society if safe and possible. Murder or torture are not our only options.
 
Of course there are. Some should never be released. Executing them sets up a double standard; it's not ok to kill, unless in self defense/ it's ok the kill bad guys because they are not fit for civilized society even when they are confined and cannot harm anyone.
well, i'd agree it's a double standard *if* you adhere to a strict moral position of "life, at any cost, regardless of circumstances" - but IMO that's a distinctly vile and repulsive attitude to take and to force on other people.

death is almost incalculably more kind, humane, and moral than subjecting a consciousness to a life lived inside the US prison system.
so i'd personally find it MORE morally questionable to posit that it's not OK to kill (ie, simply release a consciousness from dealing with any of this shit anymore) but it's OK to torture a conscious mind for literal decades and deny it any shred of hope of release or escape.

Not at any cost. Self defense is not excluded. Nor is suicide if life becomes unbearable. Suicide may be a problem if it hurts loved ones.
so, by that logic, it could be argued that killing someone is more moral than incarcerating them for life, is that not correct?
i mean, assuming that as you stated 'if life becomes unbearable' is a scenario wherein 'life, at any cost' can be mitigated.


Life can become unbearable for anyone for any number of reasons, incarcerated or not.
 
So it is a moral issue, in that deciding they are guilty would make you feel bad? Or is the thought that the court and lawyers and so forth will see that you refused to serve on the jury and call off the trial, having suddenly realized that it is immoral? The wellbeing of the defendant seems centered in your thoughts on why the trial is wrong, but you aren't doing anything to prevent the trial or improve the fate of the defendant, only your personal degree of connection to those things.
...

It is a moral issue for me, because I honestly would not vote to convict, given the outcome. I have a conscience, and I will not have someone's death on my conscience. I also swear to tell the truth for voir dire, and you would have me violate my oath? What if I voted to convict and the defendant ends up being tortured to death in a botched execution or one (like the electric chair, hanging, or poison gas) that is essentially a torture-killing?
...
You guys are having a kind of bizarre argument -- you seem to both be assuming convicting someone of capital murder means sentencing him to death. In the U.S. there are two trials, the first for guilt and then a second trial for sentencing if the first ends in conviction. A juror can convict and then veto* execution.

(* Except in Alabama.)
 
People tend to survive prison alive
Except for the 4,000 each year who do not, and the rate is rapidly increasing in recent years.

and relatively intact
Dubious. The average US prisoner spends ~two years imprisoned. 13% of prison inmates report serious injuries while in prison. 30-60% of incarcerated men experience Post Traumatic Stress Disorder; this is often connected to the experiences that put them there, but the limited or non-existent access to mental healthcare for current or former inmates exacerbates the issue. Being imprisoned is also associated with a life of poverty, stigma, and continued trauma once the inmate is released.

and I don't honestly know what a better alternative would be to incarcerating people who commit serious crimes.
Incarcerating under humane conditions and taking active steps to rehabilitate them into society if safe and possible. Murder or torture are not our only options.
Yes. Our prisons have become disgusting and inhumane, yet most of the people who have been given the death sentence, spend years trying to have it appealed. I guess most people would rather be in prison than dead. We desperately need prison reform, but that has nothing to do with the OP.

I wouldn't object to giving a person who was found guilty, the option of life in prison or death. If one chooses death, that would be a suicide. Some states and countries already have assisted suicide. I can see that as an option, but I doubt many would chose it, since most humans have a strong desire for survival at most any cost.

Going back to jury selection, I doubt anyone who opposes the death sentence would be chosen for a jury that might end in a death sentence, and I can give an example why I believe this. I mentioned in another thread that I was almost chosen to be on a jury that convicted two young men for possession with intent to sell cocaine. Prior to jury selection, we were all asked if we thought that recreational drugs should be legalized. I raised my hand to show that I agreed with the question. I wasn't chosen to be on that jury.

Later I found out the one of the jurors was totally devastated as the two young men were given 20 and 30 year prison sentences. I would not have been able to serve on that jury, as it would put me in a position where I would be forced to compromise my strong beliefs that it's immoral to imprison someone for drug possession. The man that got 20 years was simply charged as an accomplice. The juror who was devastated had no idea that such a sentence might be given and according to his wife, he didn't sleep for weeks, feeling a great sense of guilt and despair.
 
People tend to survive prison alive
Except for the 4,000 each year who do not, and the rate is rapidly increasing in recent years.

and relatively intact
Dubious. The average US prisoner spends ~two years imprisoned. 13% of prison inmates report serious injuries while in prison. 30-60% of incarcerated men experience Post Traumatic Stress Disorder; this is often connected to the experiences that put them there, but the limited or non-existent access to mental healthcare for current or former inmates exacerbates the issue. Being imprisoned is also associated with a life of poverty, stigma, and continued trauma once the inmate is released.

and I don't honestly know what a better alternative would be to incarcerating people who commit serious crimes.
Incarcerating under humane conditions and taking active steps to rehabilitate them into society if safe and possible. Murder or torture are not our only options.

I think that Sohy nailed it. I'm also strongly in favor of prison reform in the US. I don't disagree with your points, but this is a thread on the death penalty, not prison reform. Like Sohy, I also have a problem with using prison as a method for reforming recreational drug users and would likely not be chosen to sit on such juries. Prosecutors and defense lawyers tend to weed out those who have objections to their desired verdict outcomes. What I won't do is commit perjury to get onto a jury so that I can help a defendant avoid a punishment that I happen to disagree with. That doesn't do anything to solve any of these problems.
 
So it is a moral issue, in that deciding they are guilty would make you feel bad? Or is the thought that the court and lawyers and so forth will see that you refused to serve on the jury and call off the trial, having suddenly realized that it is immoral? The wellbeing of the defendant seems centered in your thoughts on why the trial is wrong, but you aren't doing anything to prevent the trial or improve the fate of the defendant, only your personal degree of connection to those things.
...

It is a moral issue for me, because I honestly would not vote to convict, given the outcome. I have a conscience, and I will not have someone's death on my conscience. I also swear to tell the truth for voir dire, and you would have me violate my oath? What if I voted to convict and the defendant ends up being tortured to death in a botched execution or one (like the electric chair, hanging, or poison gas) that is essentially a torture-killing?
...
You guys are having a kind of bizarre argument -- you seem to both be assuming convicting someone of capital murder means sentencing him to death. In the U.S. there are two trials, the first for guilt and then a second trial for sentencing if the first ends in conviction. A juror can convict and then veto* execution.

(* Except in Alabama.)

When you finished this comment, you seemed to be realizing that "in the US" meant "in some states in the US". Murder is usually a state crime, and each state passes its own laws for those crimes. As Poli correctly pointed out, you can't really decline to sit on a jury. You can only truthfully state your opinions about matters bearing on the litigation and circumstances that affect whether you are chosen to sit. People can also lie to get themselves disqualified. We aren't having a "bizarre argument" so much as you not really following the progress of the argument. As usual, Poli is testing and challenging some of our claims and assumptions, so the discussion becomes a bit more nuanced.
 
It is a moral issue for me, because I honestly would not vote to convict, given the outcome. I have a conscience, and I will not have someone's death on my conscience. I also swear to tell the truth for voir dire, and you would have me violate my oath? What if I voted to convict and the defendant ends up being tortured to death in a botched execution or one (like the electric chair, hanging, or poison gas) that is essentially a torture-killing?
...
You guys are having a kind of bizarre argument -- you seem to both be assuming convicting someone of capital murder means sentencing him to death. In the U.S. there are two trials, the first for guilt and then a second trial for sentencing if the first ends in conviction. A juror can convict and then veto* execution.

(* Except in Alabama.)

When you finished this comment, you seemed to be realizing that "in the US" meant "in some states in the US". Murder is usually a state crime, and each state passes its own laws for those crimes. As Poli correctly pointed out, you can't really decline to sit on a jury. You can only truthfully state your opinions about matters bearing on the litigation and circumstances that affect whether you are chosen to sit. People can also lie to get themselves disqualified. We aren't having a "bizarre argument" so much as you not really following the progress of the argument. As usual, Poli is testing and challenging some of our claims and assumptions, so the discussion becomes a bit more nuanced.
No, it means "in the US": even in Alabama there are two trials, as I said. It's just that Alabama doesn't require a unanimous jury in the sentencing phase so a juror can't guarantee the defendant won't be executed. In any event, you're not in Alabama. Outside of Alabama, "I have a conscience, and I will not have someone's death on my conscience" is not a good reason for "I honestly would not vote to convict, given the outcome". You'd have control over the outcome.
 
I mentioned in another thread that I was almost chosen to be on a jury that convicted two young men for possession with intent to sell cocaine. Prior to jury selection, we were all asked if we thought that recreational drugs should be legalized. I raised my hand to show that I agreed with the question. I wasn't chosen to be on that jury.

Later I found out the one of the jurors was totally devastated as the two young men were given 20 and 30 year prison sentences. ...
[rant]
That sort of thing happens all the time. The procedure for deciding guilt and sentencing is a systematic web of lies from top to bottom. Judges and lawyers deliberately withhold information jurors would find highly relevant, and even lie to jurors outright, and are required to do it. Jurors who let slip that they know they're being lied to will be removed from juries, and may even be punished for allegedly "tampering" with the other jurors. The campaign to suppress the knowledge that jury nullification is legal is never-ending. The biggest lie in the system is probably plea bargaining, where prosecutors coerce confessions with the threat of worse sentences, and then judges require prisoners to lie and claim not to have been threatened in order for their coerced pleas to be accepted, the judges knowing perfectly well they are suborning perjury, while making sure 90+% of prosecutions succeed without ever being subjected to uncaptured quality control. And it all happens because the courts are run by professionals but the law gives all the power to amateurs, and the professionals hate that, so they do the best they can to keep the amateurs from using their power.[/rant]
 
It is a moral issue for me, because I honestly would not vote to convict, given the outcome. I have a conscience, and I will not have someone's death on my conscience. I also swear to tell the truth for voir dire, and you would have me violate my oath? What if I voted to convict and the defendant ends up being tortured to death in a botched execution or one (like the electric chair, hanging, or poison gas) that is essentially a torture-killing?
...
You guys are having a kind of bizarre argument -- you seem to both be assuming convicting someone of capital murder means sentencing him to death. In the U.S. there are two trials, the first for guilt and then a second trial for sentencing if the first ends in conviction. A juror can convict and then veto* execution.

(* Except in Alabama.)

When you finished this comment, you seemed to be realizing that "in the US" meant "in some states in the US". Murder is usually a state crime, and each state passes its own laws for those crimes. As Poli correctly pointed out, you can't really decline to sit on a jury. You can only truthfully state your opinions about matters bearing on the litigation and circumstances that affect whether you are chosen to sit. People can also lie to get themselves disqualified. We aren't having a "bizarre argument" so much as you not really following the progress of the argument. As usual, Poli is testing and challenging some of our claims and assumptions, so the discussion becomes a bit more nuanced.
No, it means "in the US": even in Alabama there are two trials, as I said. It's just that Alabama doesn't require a unanimous jury in the sentencing phase so a juror can't guarantee the defendant won't be executed. In any event, you're not in Alabama. Outside of Alabama, "I have a conscience, and I will not have someone's death on my conscience" is not a good reason for "I honestly would not vote to convict, given the outcome". You'd have control over the outcome.

Actually, no. I wouldn't necessarily be in control of the outcome, since the method of achieving the outcome varies by state. A prosecutor would still dismiss me for cause, because the prosecutor would want me to be able to approve a death penalty option. In some states, the second jury trial only carries the recommendation of the jury to a judge. The judge makes the ultimate decision. Look, your objection here is a quibble. My objection is not to being part of the decision to mete out the type of punishment but to sitting on a jury in which the death penalty could be imposed as the result of a guilty verdict. My objecting to that penalty in principle would not necessarily matter. Since my own state of Washington no longer even has a death penalty, that wouldn't even apply here, but Poli's other point about the brutality of prison conditions seems more relevant than your quibble. Your hairsplitting goes nowhere.
 
Never mind the mixed message. It's not moral to kill unless defending against a threat to life....but its ok for the state to execute prisoners because they deserve killing.

Which conveys the message that killing people is a suitable solution. If it's good for the judicial system and society to kill its problematic members, it's acceptable as a solution in principle.
Well, that ship has sailed -- once you've accepted "defending against a threat to life" as a sufficient reason to kill, you have accepted that killing people is a suitable solution in principle. The rest is just haggling over details.

A double standard of ethics is clearly implied. As described several times.
It's not implied at all. There's no mixed message being sent; there's only a mixed message you're constructing yourself by the way you choose to "read between the lines." The state never says "it's not ok to kill, unless in self defense"; the state says it's not okay to kill unless in accordance with the law. Then the law lists circumstances where it allows people to kill. One of them is self-defense, yes; but another is obeying a lawful order to kill an enemy combatant; another is carrying out a lawful sentence of death after due process; and so forth. The circumstance that you find one item on the state's list worthier than the rest has no power to cause the state to have a double standard or to have sent a mixed message. "It's not ok to kill, unless in self defense." is your premise, and your message, not theirs.
 
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