HenryTMensch said:
But by and large we aren't. At the very least at the trial level, the error rate is enourmous.
There's a huge difference between determining guit and determining punishment. We are not sending hundreds of innocent people to death row. We may well be sending hundreds of guilty people (as in, people who committed the crimes of which they were accused) whose trials were grossly flawed to death row. I won't dispute the death penalty system is seriously flawed, maybe beyond repair. Me, I would toss it out for the sheer waste involved in trying capital cases and the expense that it will take to rehabilitate the system.
For the sake of argument, if/when we abolish the death penalty again, what is next? Do we abolish life imprisonment without parole? Do we restructure the system so that more murderers go free in order to protect the liberty of the wrongly accused? I don't think that people murdered by wrongly released murderers are better off than people wrongly imprisoned and/or executed by the government.
I understand that you are making a narrow argument, and a good well supported one, but society at large won't accept the abolition of the death penalty without a clear and constructive alternative. Or to put it another way, society won't accept your argument.
crucifiedalien said:
Whether or not they finally find some consistancy in that clouded philosophy of theirs doesn't mean much to me.
The Catholic Church has always been consistent in their stance on the death penalty. The news here is that they're using the current political climate to to try and get something done about it.
fine...i will rephrase...consistent in their convictions.
I know you're not saying that "better all murderers go free than one innocent man be executed," but some people will say that without considering its implications or the actual character of the people who make up the abstract term "murderers." My belief is that whatever the system, mistakes will be made, but I'd prefer to err on the side of keeping the guilty out of society, at least when we are correct in determining who's guilty. And by and large we are.
then i'll say it. yes it is better all murderers go free than one innocent man be executed. any other belief and you've forsaken the ideals (which was the enlightenment, not christian theocratic principles) that lead to the creation of our nation.
Rickets said:
The Catholic Church has always been consistent in their stance on the death penalty. The news here is that they're using the current political climate to to try and get something done about it.
consistent as long as you forget about the whole inquisition thing.
Since when has the Church NOT taken an anti-death penatly stance?
(Sorry tot he member who posted this, I couldn't give reference... I am new at trying to post quotes, I can never get them to work- computer illiteracy at it's finest...)
Anyway, the Catholic Church has always been against the death penalty as far as majority opinion of the members- but there hasn't really been that many comments from leading people in the Catholic Church concerning it. It's just always been assumed that's how the Catholic Church as a whole felt, particularly with the major focus being on the prolife angle of abortion. What this archbishop is doing really is a step in the right direction because it actually puts a solidified opinion behind the death penalty stance.
darwinsjoke said:
then i'll say it. yes it is better all murderers go free than one innocent man be executed. any other belief and you've forsaken the ideals (which was the enlightenment, not christian theocratic principles) that lead to the creation of our nation.
I don't see how the Age of Reason and, for example, Rosseau's notion of social rights, bears upon this in any way. It is perfectly within the realm of Reason for society to make and impose judgments about the relative importances of individual freedom and the protection of society. The Enlightenment bases individual rights on humanistic - practical - principles rather than theocratic principles. "Natural rights" are replaced by "human rights." Human rights are not an absolute. They are a consensus.
Even "guilty until proven innocent" passes the test of Reason, if society accepts it. Our country's founders based the US on their interpretation of Reason, but as we all know, that interpretation would not be satisfactory today.
"Inalienable rights" are "natural" or "moral" rights, not "human rights." Jefferson is not speaking from an Enlightened point of view with these words.
"Better that all go free than one be wrongly convicted" is arguably much more dogmatic than secular.
Rickets said:
The Catholic Church has always been consistent in their stance on the death penalty. The news here is that they're using the current political climate to to try and get something done about it.
consistent as long as you forget about the whole inquisition thing.
Yes, Medieval Show-Trials primarily based on an existing precendent from merry old protestant England. Politcally driven toward out what was seen as trachous blasphemers in Spain and/or France and/or America and/or England.
Pray tell, what part did the Pope have in the inquisitions, because as i understood it, Pope Sixtus gave permission for the inquisition, that is to excommunicate false Catholics (ie Prods, Muslims and Converso Jews). The Spanish (And most brutal) inquisition excelled at murdering in the name of religion.
However while the Catholic Church did not order the mass murder, it did nothing to stop it.
In 1994 Catholics committed a major genocide in Rwanda. Again Religion was used to justify an essentially ethnic War, and again the Catholic Church did essentially nothing to stop it.
Rickets said:
The Catholic Church has always been consistent in their stance on the death penalty. The news here is that they're using the current political climate to to try and get something done about it.
consistent as long as you forget about the whole inquisition thing.
Yes, Medieval Show-Trials primarily based on an existing precendent from merry old protestant England. Politcally driven toward out what was seen as trachous blasphemers in Spain and/or France and/or America and/or England.
Pray tell, what part did the Pope have in the inquisitions, because as i understood it, Pope Sixtus gave permission for the inquisition, that is to excommunicate false Catholics (ie Prods, Muslims and Converso Jews). The Spanish (And most brutal) inquisition excelled at murdering in the name of religion.
However while the Catholic Church did not order the mass murder, it did nothing to stop it.
In 1994 Catholics committed a major genocide in Rwanda. Again Religion was used to justify an essentially ethnic War, and again the Catholic Church did essentially nothing to stop it.
"Assuming that the guilty partys identity and responsibility have been fully determined, the traditional teaching of the church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor.
If, however, non-lethal means are sufficient to defend and protect peoples safety from the aggressor, authority will limit itself to such means, as these are more in keeping with the concrete conditions of the common good and more in conformity with the dignity of the human person."2
This teaching is not new. St. Augustine recognized the need for capital punishment in the 5th century, but warned against vengeance, saying " our desire is rather that justice be satisfied without the taking of their lives or the maiming of their bodies in any part . . .3"
St. Thomas Aquinas defended the death penalty as a means of protecting the whole body of society in the 13th century, relating the states role in execution to that of a physician who "cut(s) off a decayed limb" in order to "care for the health of the whole body." However, he also proposed as a working norm that "in this life, penalties should be remedial rather than retributive."4
Contrary to the abilities of the penal systems of the 5th and 13th centuries, Pope John Paul II points out that we can protect the whole body of society today, and the cases warranting the death penalty now are "very rare if not practically nonexistent."5
The Papal Commission on Justice and Peace expressed opposition to the death penalty as early as 1976. Over the last three decades, the National Conference of Catholic Bishops has issued statements against it four different times, and the Florida Bishops six times. Nearly all European and North, Central, and South American countries have abolished it, but not the United States.
now if you had said consistent for the last 30 years i would agree with you but as we can see opposition to the death penalty by the catholic church is a realitively new development in the history of the church.
as for the inquisition, its primary purpose to expose and punish, like you said, those who falsely proclaimed to be catholic. yet what you failed to mention was that those conversions were of the convert or die variety.
also food for thought on the inquisition from the new advent:
Officially it was not the Church that sentenced unrepenting heretics to death, more particularly to the stake. As legate of the Roman Church even Gregory IV never went further than the penal ordinances of Innocent III required, nor ever inflicted a punishment more severe than excommunication. Not until four years after the commencement of his pontificate did he admit the opinion, then prevalent among legists, that heresy should be punished with death, seeing that it was confessedly no less serious an offence than high treason. Nevertheless he continued to insist on the exclusive right of the Church to decide in authentic manner in matters of heresy; at the same time it was not her office to pronounce sentence of death. The Church, thenceforth, expelled from her bosom the impenitent heretic, whereupon the state took over the duty of his temporal punishment. Frederick II was of the same opinion; in his Constitution of 1224 he says that heretics convicted by an ecclesiastical court shall, on imperial authority, suffer death by fire (auctoritate nostra ignis iudicio concremandos), and similarly in 1233 "praesentis nostrae legis edicto damnatos mortem pati decernimus." In this way Gregory IX may be regarded as having had no share either directly or indirectly in the death of condemned heretics. Not so the succeeding popes. In the Bull "Ad exstirpanda" (1252) Innocent IV says:
When those adjudged guilty of heresy have been given up to the civil power by the bishop or his representative, or the Inquisition, the podestà or chief magistrate of the city shall take them at once, and shall, within five days at the most, execute the laws made against them.
Moreover, he directs that this Bull and the corresponding regulations of Frederick II be entered in every city among the municipal statutes under pain of excommunication, which was also visited on those who failed to execute both the papal and the imperial decrees. Nor could any doubt remain as to what civil regulations were meant, for the passages which ordered the burning of impenitent heretics were inserted in the papal decretals from the imperial constitutions "Commissis nobis" and "Inconsutibilem tunicam". The aforesaid Bull "Ad exstirpanda" remained thenceforth a fundamental document of the Inquisition, renewed or reinforced by several popes, Alexander IV (1254-61), Clement IV (1265-68), Nicholas IV (1288-02), Boniface VIII (1294-1303), and others. The civil authorities, therefore, were enjoined by the popes, under pain of excommunication to execute the legal sentences that condemned impenitent heretics to the stake. It is to he noted that excommunication itself was no trifle, for, if the person excommunicated did not free himself from excommunication within a year, he was held by the legislation of that period to be a heretic, and incurred all the penalties that affected heresy.
the church had no problem sentencing a heretic to death, it just had a problem doing it itself and had a proxy carry out the sentence.
JunkiePuppy said:
Considering the society we live in, I think it is false to say that each people are responsible of their acts. They should be, but obviously most aren't. That's the problem.
It's a well accepted notion among people (whether they behave criminally or not) that fraud, burglary, rape, kidnapping, murder, and so forth, are criminal activities that are morally and societally wrong and that carry punishments.
Guilt and punishment are separate. Someone who kills someone else is guilty of homicide. Guilt implies responsibility. The circumstances that lead to the crime, as well as the crime itself, determine the punishment.
I might agree with you that someone isn't fully responsible for growing up as a criminal, but in no way does being a criminal excuse criminal behavior.
Personal responsibility is a level that people have to ACHIEVE, it is not a natural thing. Childrens are not responsible....
Responsibility is assigned by society. It is not an individual attribute. Saying that "Bob is a very responsible child" is not the same as saying "Bob is responsible for his actions." That is a different meaning of "responsible." Our laws do compare the abilities of particular individuals against community standards (a 10 year old murderer, or a thief with an IQ of 70), but the individual is not the standard. The definition of "murder" is a community standard, independent of the murderer.
You are saying silly things.
[Edited on Mar 22, 2005 by joe_n_bloe]
It is not an excuse, it's an explanation. A murderer remains a murderer no matter what pushed him to the act. Some need punishement, some need readaptation. Obviously our knowledge when it comes to psychology are still rather limited and there is no perfect therapy. Freud failed to transform his psychoanalysis theories into a decent way to cure people. Valium, pills, medication cannot be considered as a long term solution without sacrifices on life quality. The fact is, we are stucked with criminals that we don't know what to do with them, and in some cases there is nothing to do. Some we put them in prisons. And they go crazy, because they do not need punishment in order to "cure" themselves from their violent behaviors.
How does a low IQ has to do with anything ? Criminals are usually emotionnaly messed up, not intellectually. Which is why criminals can be smart, or dumb. You can be very dumb, yet very peaceful.
I'm not sure where you're getting at with your murder definition. Murder is killing. What is relative is the reasons why. And how we should take care of the murder depends on the reasons why. What I am saying is that modern justice overates the individual responsibility because it has no other option. Letting him go would end up in more killing. The problem is permanent as long as we do not get rid of the main problem, and since we can't, we are doomed to live in a society where injustice is tolerated. Because we do not know any better.
jayenh
Fairbanks, AK
March 2004
MAR 22, 2005 01:19 PM