Just Another Political Post.

[jahcs]

Hi,
That is barbaric, based on revenge, etc.  If we're going to go that way, then logically we should revert to crucifixion, stoning, and burning at the stake.  We are more enlightened in how we treat other dangers than in how we treat people.  A dog that is a threat isn't beaten to death, it is put down 'humanely'.  But you want a human that is a threat put down inhumanely?[right][snapback]89878[/snapback][/right]

Where did I say that? I was not debating the method of punishment. I do not advocate punishment in kind for most crimes. Certain crimes the best punishment may be in kind, but not most of them. If that's the way it sounded I misspoke.

What is actually so sad is that Justice has fled our system, leaving hollow Legality behind to do a job beyond her power.

Agreed.

No!  That is a common misquote and leads to a lot of grief and ignorant argument.  It is not 'beyond a shadow of a doubt" but "beyond a reasonable doubt".  Your way of stating it goes back to demanding a zero error system.  We might as well close shop on the courts right now, for perfection is not within our grasp.  Only by accepting a 'reasonable' doubt can we do anything, for only a reasonable approach to perfection is within human ability.

You're right, my bad. I was in a hurry and my foot landed in my mouth. I have been on a jury and reasonable is the word used. That still doesn't change my point, only the connotation it evokes in the reader. The jury or judge, for some cases, determines guilty or innocent, and then, in a separate step of the legal process, the judge determines the punishment, within the limits if the law.

Not that simple.  First, the death penalty is only possible for a limited number of crimes, even violent crimes.  Second, for some crimes, it is mandated (which is why prosecuting attorneys don't like to prosecute for those crimes.  One 'anti-death' juror is all it takes to hang the jury.)  And, third, it is not always and everywhere that a jury is involved in any way in the sentencing process.

I know many crimes do not carry the possibility of the death penalty, hence the power of the plea bargain ;) . I also stated the judge decides the sentence, not the jury. In some trials the jury recommends a punishment in their statement to the court.

As I stated earlier, I am fond of confinement for life at hard labor as the ultimate punishment. The criminal is forced to live with their crime every day, they are not in the civilian world to reoffend, and it is a punishment.