Minionman,Sep 21 2005, 02:20 PM Wrote:"Dteerrence" is whether having the death penalty around convinces other people not to kill. That seems pretty obvious.
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Right. I believe Occhi's point, which I tend to agree with is justice - let the punishment fit the crime. It's not as much to deter others from commiting the crime but deterring that criminal from commiting the same crime on another while providing a sense of justice for the other parties involved.
If a person is wrongly executed it is not the Death Penalty that is at fault - it is the court system, the jury, the judge, our built in prejudices, what have you, that are at fault. Remember "innocent until proven guilty in a court of law" should be the way it works. It's very sad and all to common for that not to be the case.
The conviction is where the "without a shadow of a doubt" comes in, not at the sentencing hearing. If a guilty verdict is rendered by the jury they can recommend the death penalty in their statement, the prosecution can recommend the death penalty also. It is the judge that sets the punishment, based on the evidence presented in the case, the defendent's demeanor, etc.
The Bill of No Rights
The United States has become a place where entertainers and professional athletes are mistaken for people of importance. Robert A. Heinlein
The United States has become a place where entertainers and professional athletes are mistaken for people of importance. Robert A. Heinlein