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Originally Posted by DeviousJ
Uh like I said in the first post, it's been demonstrably shown that in many cases people do feel remorse, they reform and try to make amends and do something postitive with their life, even if there's no hope of them ever leaving prison. What you're claiming is that this is a huge assumption, but that people definitely do the same thing in their last moments before execution, even though nobody's really gotten their thoughts on the subject since they're usually somehow dead a short time later. Obviously we can assume they're going to feel regret, since they're being executed. You're the one assuming they're likely to be sad about the victim of their crime, and not the fact they're about to die. And you somehow think there's more evidence and likelihood of this in people being executed than in people serving life sentences
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That's not what I'm assuming at all. Let me boil it down.
Life imprisonment: Criminal might feel the "good" remorse ("I'm soooooooo sorry"), the "bad" remorse ("Poor me, I'm stuck here forever. Wish I hadn't got caught."), with no guarantee he'll feel either one. For all anyone knows, he'll enjoy his rehabilitation and thus think killing the victim was the best thing that ever happened to him. Or he might never give his crime or the victim a second thought.
Execution: Criminal is
very likely to
at least feel the "bad" remorse ("I don't wanna die") and is probably at least as likely to feel the "good" remorse as he would be spending his life in prison.
Basically my proposition is do you want your worst-of-the-worst killers to almost certainly feel
some kind of remorse...or do you want to roll the dice that
maybe they will at some indeterminable point in the future? I think society has no interest served by just locking a guy up and merely hoping he feels regret one day. If he doesn't regret anything, then what's the point?
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Well you've found the point at least, even though you seem to be a bit confused about it. 'Yarr, what be that forming in the mists ahead?!'
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If your point is "killing is bad" then I don't see why you're not arguing it instead of trying to sell the virtues of life imprisonment. Just say "life imprisonment is the better option because it's the option that keeps blood off society's hands" if that's what you really think, and we'll go from there (Even though it'd take us into some pretty airy arguments about the ability of the state to impinge upon fundamental individual rights...blah blah blah, and probably wouldn't go anywhere useful in the end). But this "we can rehabilitate these killers and help them build positive fulfilling lives....yay!" line of argument just doesn't hold any water. Like I said, supporting life imprisonment because it's not the death penalty is one thing, but supporting it because it's somehow inherently good in and of itself is another story.
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They have restricted liberty
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What does that even mean? You might as well relabel the death penalty "restricted life." And it doesn't answer my question. Again, if these criminals have such an upside that it would be wrong for the state to kill them, then why doesn't that upside play any role in determining the extent to which their liberty is "restricted"? Why keep a guy alive to rehabilitate if all he can do to make the world a better place is pace around in a 6 foot concrete cell? I think that if you truly believe in the idea that capital criminals can be rehabilitated into functioning worthwhile people, it's almost imperative that you'd support granting them parole.
Don't get me wrong, I think life in prison without parole is a perfectly viable option for certain types of criminals. There are definitely people out there who will prove to be more well suited to an institutional setting, and locking them up forever and helping them make the best of it is probably the best option for society (and the individual, even though that's purely incidental in my opinion). But I'm thinking more along the lines of habitual violent offenders who have proven that they are incapable of functioning in decent society after having multiple chances to rehabilitate. But I think the equation has to change when we're talking about someone who commits a
single act (or series of acts) so abhorrent to society that the only option is making good and sure that they never breathe free air again one way or the other. There's a difference between how you treat someone merely unable to function in decent society and someone who is all but cast out of it.
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Why isn't corporal punishment an option though? If someone's guilty of assault, or rape, why no beatings, no torture?If one criminal is given the death penalty for a crime involving one victim, why wouldn't a greater punishment be given to someone who committed a similar crime with more victims - say, flaying followed by a slow death? Now you have a larger scale of punishments, and cheaper alternatives to costly prison sentences. So just answer me this - why don't we do those things?
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Because there's a point of diminishing returns when it comes to punishment. Sure, someone might be a little more contrite before a slow painful death than they would before the usual non-cruel and non-unusual variety...but not enough to justify dipping into sadism. And just because society deems a crime worthy of a harsh punishment doesn't mean that it has to use the harshest punishment imaginable. Morality can and should play a part in drawing lines of appropriate conduct, but it shouldn't cut off society's ability to punish crime at the knees.
And again, for crimes lesser than murder prison time is probably more than sufficient. Corporal punishment may be quicker and cheaper, but since when has that ever been a consideration in the criminal justice system? It's worth the time and expense to at least try and process low level offenders through the system with a little more than punishment in mind if it means they can get their shit straight eventually and not commit more serious crimes down the road.