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June 20, 2003

Coincidence?

Just when I go and make comments about the death penalty (not the the main theme of the article but certainly featured), I find that one of my blog-friends is thinking about the same topic (scroll down or search for "Should we have the death penalty"). Wish I could work out how to point at the article instead of the blog - Hey Jivha, how about MT?

Well written article which looks at the pros and cons for using the death penalty for rapists. Jivha makes the really key point that the terminology used is essential to defining the scope and possible impact of the sentencing.

I can only add that I figure a serial rapist (i.e. repeat offender) seems like a pretty good candidate. Normally here (in Australia), the jury does not hear about previous convictions when determining guilt or innocence but the judge gets that information before sentencing. If the death penalty was reserved for repeat offenders, then the jury could decide without worrying about the penalty (because they are only considering one case) but the judge can "do the right thing".

Robert Heinlein would disagree. In his book "Starship Troopers" (not the movie which left a lot of the philosophy out) he ponders the situation where a rapist (or murderer) is convicted and then later released and then re-offends. At this point, it could be considered that those who released the fellon share some of the blame because it could be argued that he (or she) is mentally deficient in some way (the humanity left out). The question of temporary insanity is also addressed with the conclusion being that there are two options: either the person is beyond redemption because of this mental twist or they will recover but be unable to live with what they have done (and hence become suicidal). The suggestion is that a sane person could not live with the horror of their own misdeads and would effectively give themselves the death penalty.

P.S. Yes, I know it is only a book, but it does provide an alternative point of view.

Posted by Ozguru at June 20, 2003 12:06 PM

Comments

Hey Ozguru...the permalink is the "time" field at the bottom of the post :-)

Posted by: jivha at June 20, 2003 12:06 PM

As moral issues go, this one is a problem. Is the executioner a murderer? Frankly, I am in two minds on it, but the equally difficult moral question must surely be the release of murderers under assumed names to permit them to live the "normal" and pleasant life they denied their victims. Arguments that they are never completely without scrutiny do not impress me at all. Equally, the law needs to make a distinction where a burglar is killed by a householder defending his property - it cannot be treated (as it is here!) as murder.

Posted by: pgc at June 20, 2003 12:06 PM

Hey Jivha, Call me Mr. Silly. I never realised that the timestamp was the key.... I will fix it next time I am near the computer :embarrassed

Posted by: Ozguru at June 20, 2003 12:06 PM