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• A STRONG CASE FOR LEGAL CHANGE • (Read 2534 times)
greggerypeccary
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Re: • NO CASE FOR LEGAL CHANGE •
Reply #45 - Aug 4th, 2023 at 2:19pm
 
Lisa Jones wrote on Aug 3rd, 2023 at 3:51pm:
This article is not an easy read. It may well make you decide that the death penalty is the only reasonable deterrent (given the number of predators involved AND how they are involved in perpetrating and perpetuating their horrific crimes).


No reasonable person could come to that conclusion.

"... data does not prove that death penalty is a deterrent to rape or any crime for that matter."

Will death penalty deter rape?

"The fact is death penalty is more an outcome of outrage, knee jerk reaction by the government and goal to pacify and quell protests. In all of this, the real malady causing the crime is lost."

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chimera
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Re: • A STRONG CASE FOR LEGAL CHANGE •
Reply #46 - Aug 4th, 2023 at 2:24pm
 
'In 2021, the most recent year for which complete data is available, 48,830 people died from gun-related injuries in the U.S.'  This may stop those 48,000 from shooting.  It could stop the population from mass-suicide. It will reduce the numbers voting. This drains the swamp.
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Frank
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Re: • NO NEED FOR LEGAL CHANGE •
Reply #47 - Aug 4th, 2023 at 2:42pm
 
greggerypeccary wrote on Aug 4th, 2023 at 1:58pm:
Frank wrote on Aug 4th, 2023 at 1:22pm:
greggerypeccary wrote on Aug 4th, 2023 at 1:03pm:
Belgarion wrote on Aug 4th, 2023 at 8:58am:
greggerypeccary wrote on Aug 3rd, 2023 at 9:43pm:
Belgarion wrote on Aug 3rd, 2023 at 8:45pm:
...as long as one potential offender is deterred from committing a capital offence by the thought they will be executed if caught  then the system has proved its worth. 


US states with the death penalty have much higher murder rates.

Doesn't seem to be working as a deterrent.

Do you have another argument I can shoot down in two seconds?   Wink


You did not address my statement, merely quoted some overseas figures. Do you not understand?  Roll Eyes


Indeed.

I fully understand that those US states who participate in the premeditated state-sanctioned killing of restrained prisoners have much higher murder rates than those who don't.

I also understand, when it comes to countries, that the US (which has the death penalty) has a murder rate much, much higher than that of Australia (which has no death penalty).

The "deterrent" argument doesn't hold water.

The threat of punishment of every kind has a deterrent effect. The threat of the severest penalty is no exception.
Otherwise you would have to argue than no punishment has any deterrent effect- obviously not the case.

But deterrent is only one, minor aspect of any punishment.  It is a utilitarian, shop-keeper kinda calculated  response. It matters, but not very much.

The main argument for any punishment is a moral one. It is about just deserts for those who knowingly violare the peaceful coexistence of people. The capital punishment is a just desert for who commit capital crimes.

The State has the authority to dispense punishments for every kind of transgression. It has the authority to make laws. If the death penalty is legally constituted in a democracy then there is no overreach by the state.

Barbaric - the death penalty should apply to capital crimes which are themselves barbaric. Eliminating barbaric criminals is not itself barbaric. It is just.



Oh, but it is - it makes you no better than them.

Worse, in fact.

But let's get back to the fallacious 'deterrent' argument: why do US states with the death penalty have higher murder rates than those without it?




You have to SHOW, turd, not just state. What are you, some Bbwianesque idiot? Resisting and countering barbarism is not barbaric. Self-defence doesn't make you worse than your attacker. Its just nutty to assert something like that.


It deters them from further offending, in or out of jail. Guaranteed.


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greggerypeccary
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Re: • NO NEED FOR LEGAL CHANGE •
Reply #48 - Aug 4th, 2023 at 3:00pm
 
Frank wrote on Aug 4th, 2023 at 2:42pm:
greggerypeccary wrote on Aug 4th, 2023 at 1:58pm:
Frank wrote on Aug 4th, 2023 at 1:22pm:
greggerypeccary wrote on Aug 4th, 2023 at 1:03pm:
Belgarion wrote on Aug 4th, 2023 at 8:58am:
greggerypeccary wrote on Aug 3rd, 2023 at 9:43pm:
Belgarion wrote on Aug 3rd, 2023 at 8:45pm:
...as long as one potential offender is deterred from committing a capital offence by the thought they will be executed if caught  then the system has proved its worth. 


US states with the death penalty have much higher murder rates.

Doesn't seem to be working as a deterrent.

Do you have another argument I can shoot down in two seconds?   Wink


You did not address my statement, merely quoted some overseas figures. Do you not understand?  Roll Eyes


Indeed.

I fully understand that those US states who participate in the premeditated state-sanctioned killing of restrained prisoners have much higher murder rates than those who don't.

I also understand, when it comes to countries, that the US (which has the death penalty) has a murder rate much, much higher than that of Australia (which has no death penalty).

The "deterrent" argument doesn't hold water.

The threat of punishment of every kind has a deterrent effect. The threat of the severest penalty is no exception.
Otherwise you would have to argue than no punishment has any deterrent effect- obviously not the case.

But deterrent is only one, minor aspect of any punishment.  It is a utilitarian, shop-keeper kinda calculated  response. It matters, but not very much.

The main argument for any punishment is a moral one. It is about just deserts for those who knowingly violare the peaceful coexistence of people. The capital punishment is a just desert for who commit capital crimes.

The State has the authority to dispense punishments for every kind of transgression. It has the authority to make laws. If the death penalty is legally constituted in a democracy then there is no overreach by the state.

Barbaric - the death penalty should apply to capital crimes which are themselves barbaric. Eliminating barbaric criminals is not itself barbaric. It is just.



Oh, but it is - it makes you no better than them.

Worse, in fact.

But let's get back to the fallacious 'deterrent' argument: why do US states with the death penalty have higher murder rates than those without it?




You have to SHOW, turd, not just state. What are you, some Bbwianesque idiot? Resisting and countering barbarism is not barbaric. Self-defence doesn't make you worse than your attacker. Its just nutty to assert something like that.


It deters them from further offending, in or out of jail. Guaranteed.




That's recidivism - nobody is arguing against that.

So let's get back to the fallacious 'deterrent' argument: why do US states with the death penalty have higher murder rates than those without it?

Why isn't it deterring other would-be murderers?

I'm curious.
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chimera
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Re: • NO NEED FOR LEGAL CHANGE •
Reply #49 - Aug 4th, 2023 at 3:05pm
 
Frank wrote on Aug 4th, 2023 at 2:42pm:
Self-defence



Logically, if the person has 1,623 charges, then he needs 1623 acts done to him.

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greggerypeccary
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Re: • NO NEED FOR LEGAL CHANGE •
Reply #50 - Aug 4th, 2023 at 3:40pm
 
Frank wrote on Aug 4th, 2023 at 2:42pm:
Self-defence doesn't make you worse than your attacker.


Strapping someone to a gurney and then injecting them with an overdose of pentobarbital, months or even years after the crime, is hardly self-defence - it's an act of cowardly barbarism.


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Frank
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Re: • NO NEED FOR LEGAL CHANGE •
Reply #51 - Aug 4th, 2023 at 4:03pm
 
greggerypeccary wrote on Aug 4th, 2023 at 3:40pm:
Frank wrote on Aug 4th, 2023 at 2:42pm:
Self-defence doesn't make you worse than your attacker.


Strapping someone to a gurney and then injecting them with an overdose of pentobarbital, months or even years after the crime, is hardly self-defence - it's an act of cowardly barbarism.




Fine - firing squad then.  Or just put them in prison and outlaw them and give immunity to anyone who kills them.  Equity. It's big with proggy leftards, equity.



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greggerypeccary
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Re: • NO NEED FOR LEGAL CHANGE •
Reply #52 - Aug 4th, 2023 at 4:13pm
 
Frank wrote on Aug 4th, 2023 at 4:03pm:
greggerypeccary wrote on Aug 4th, 2023 at 3:40pm:
Frank wrote on Aug 4th, 2023 at 2:42pm:
Self-defence doesn't make you worse than your attacker.


Strapping someone to a gurney and then injecting them with an overdose of pentobarbital, months or even years after the crime, is hardly self-defence - it's an act of cowardly barbarism.




Fine - firing squad then.  Or just put them in prison and outlaw them and give immunity to anyone who kills them.  Equity. It's big with proggy leftards, equity.



Spoken like a true coward, and barbarian.

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chimera
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Re: • A STRONG CASE FOR LEGAL CHANGE •
Reply #53 - Aug 4th, 2023 at 4:16pm
 
Robodebt caused deaths with many involved. Maybe use cluster bombs?
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Frank
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Re: • NO NEED FOR LEGAL CHANGE •
Reply #54 - Aug 4th, 2023 at 5:04pm
 
greggerypeccary wrote on Aug 4th, 2023 at 4:13pm:
Frank wrote on Aug 4th, 2023 at 4:03pm:
greggerypeccary wrote on Aug 4th, 2023 at 3:40pm:
Frank wrote on Aug 4th, 2023 at 2:42pm:
Self-defence doesn't make you worse than your attacker.


Strapping someone to a gurney and then injecting them with an overdose of pentobarbital, months or even years after the crime, is hardly self-defence - it's an act of cowardly barbarism.




Fine - firing squad then.  Or just put them in prison and outlaw them and give immunity to anyone who kills them.  Equity. It's big with proggy leftards, equity.



Spoken like a true coward, and barbarian.




Like that other idiot from Perth, Bbwian of Very Little Bbrain, you are only able to assert something, creepy turd, but never actually back it up with reasons or a valid argument.



Roger Scruton explains the justness of the death penalty eloquently:

The issue seems quite simple to me. We have a right to punish crimes; the just punishment is the one that is deserved; some crimes are such that they deserve death. In such cases we ought to be merciful if we can. But not if, by being merciful, we show contempt for the victim. I am not sure that I agree with all Catholic teaching on this issue, but I have always found much good sense in the Islamic view, that the murderer cannot be forgiven, except by those who have been directly injured by his act – namely the family of his victim. They can sue for mercy on his behalf, and are allowed by Islamic law to do so. We bystanders cannot sue for mercy, since we have not been injured, and to presume to grant mercy nevertheless is to trample on the rights of the victim’s family.
Of course, there are murders and murders. But how anybody could think that Hitler did not deserve death, or that it would have been wrong, had he been captured, to inflict it, beats me. I agree with Hegel here: that this kind of murderer does not merely deserve death, but has a right to it, and that the only way to respect his dignity – to treat him as the free agent that he is – is to inflict death upon him.
When we punish a criminal in this way, we are not killing him: killing is what he did. We are rectifying an injustice by inflicting the just punishment, which happens to be death. When he trampled on the rights of his victim he knew that this would be the course that the law must take: so it is from his decision, not ours, that his punishment proceeds, and he is the one who has ultimate responsibility for his punishment. It is not we, but he, who is the author of his death. Our duty is to make sure that he really is guilty beyond doubt, and to ensure, if we can, that he can die with dignity.



A longer exposition of the argument for capital punishment:
https://www.firstthings.com/article/2004/08/capital-punishment-the-case-for-just...


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« Last Edit: Aug 4th, 2023 at 5:19pm by Frank »  

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Lisa Jones
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Re: • A STRONG CASE FOR LEGAL CHANGE •
Reply #55 - Aug 4th, 2023 at 5:17pm
 
chimera wrote on Aug 4th, 2023 at 2:08pm:
Lisa Jones wrote on Aug 4th, 2023 at 11:48am:
I still maintain that there is a strong case for legal change .

Does anyone here agree/disagree??


I agree that Lisa maintains that there is a strong case for legal change .


Ha! I should have seen that coming!
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greggerypeccary
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Re: • NO NEED FOR LEGAL CHANGE •
Reply #56 - Aug 4th, 2023 at 5:30pm
 
Frank wrote on Aug 4th, 2023 at 5:04pm:
When we punish a criminal in this way, we are not killing him...


Yes, we are.

And it makes us no better than him/her.

Makes us worse, in fact.



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Lisa Jones
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Re: • A STRONG CASE FOR LEGAL CHANGE •
Reply #57 - Aug 4th, 2023 at 5:55pm
 
greggerypeccary wrote on Aug 4th, 2023 at 2:02pm:
Lisa Jones wrote on Aug 4th, 2023 at 1:58pm:
Lisa Jones wrote on Aug 4th, 2023 at 11:48am:
After reading back ... I still maintain that there is a strong case for legal change (hence the topic title).

Does anyone here agree/disagree??

If so, why?

If not, why not?



Ok I’ve now checked back and read your responses. Has anyone considered the possibility that our posts in this topic are going round in circles? They’ve covered pretty much everything but not much else has been achieved. This vicious cycle actually reflects the vicious cycle which defines the inability to resolve a lot of issues relating to the crimes I’ve detailed in my OP.

For this reason : I still maintain we have a strong case for legal change.



Which is


Very good! I’ve been waiting for someone to ask me.

I’ve got a few ideas. I also think my ideas could improve with a bit of collaboration. Anyone interested in jumping in and seeing how we could collectively enact legal change?

If so let’s go.

But first a few ground rules.

1. This is an opportunity to share a few ideas.

2. The ideas we put forward MUST EXCLUDE capital punishment. Why? It will prevent Greggary from spamming the debate with his standard statement against the death penalty AND hopefully encourage Greggary to stop throwing hurdles in the discussion and come on board instead.

3. I’m hoping we will come up with a few options. I have faith in us as an online community lol.

4. It’s officially Friday night and that means we can watch the game and chat online.
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Lisa Jones
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Re: • NO NEED FOR LEGAL CHANGE •
Reply #58 - Aug 4th, 2023 at 5:59pm
 
Frank wrote on Aug 4th, 2023 at 5:04pm:
greggerypeccary wrote on Aug 4th, 2023 at 4:13pm:
Frank wrote on Aug 4th, 2023 at 4:03pm:
greggerypeccary wrote on Aug 4th, 2023 at 3:40pm:
Frank wrote on Aug 4th, 2023 at 2:42pm:
Self-defence doesn't make you worse than your attacker.


Strapping someone to a gurney and then injecting them with an overdose of pentobarbital, months or even years after the crime, is hardly self-defence - it's an act of cowardly barbarism.




Fine - firing squad then.  Or just put them in prison and outlaw them and give immunity to anyone who kills them.  Equity. It's big with proggy leftards, equity.



Spoken like a true coward, and barbarian.




Like that other idiot from Perth, Bbwian of Very Little Bbrain, you are only able to assert something, creepy turd, but never actually back it up with reasons or a valid argument.



Roger Scruton explains the justness of the death penalty eloquently:

The issue seems quite simple to me. We have a right to punish crimes; the just punishment is the one that is deserved; some crimes are such that they deserve death. In such cases we ought to be merciful if we can. But not if, by being merciful, we show contempt for the victim. I am not sure that I agree with all Catholic teaching on this issue, but I have always found much good sense in the Islamic view, that the murderer cannot be forgiven, except by those who have been directly injured by his act – namely the family of his victim. They can sue for mercy on his behalf, and are allowed by Islamic law to do so. We bystanders cannot sue for mercy, since we have not been injured, and to presume to grant mercy nevertheless is to trample on the rights of the victim’s family.
Of course, there are murders and murders. But how anybody could think that Hitler did not deserve death, or that it would have been wrong, had he been captured, to inflict it, beats me. I agree with Hegel here: that this kind of murderer does not merely deserve death, but has a right to it, and that the only way to respect his dignity – to treat him as the free agent that he is – is to inflict death upon him.
When we punish a criminal in this way, we are not killing him: killing is what he did. We are rectifying an injustice by inflicting the just punishment, which happens to be death. When he trampled on the rights of his victim he knew that this would be the course that the law must take: so it is from his decision, not ours, that his punishment proceeds, and he is the one who has ultimate responsibility for his punishment. It is not we, but he, who is the author of his death. Our duty is to make sure that he really is guilty beyond doubt, and to ensure, if we can, that he can die with dignity.



A longer exposition of the argument for capital punishment:

https://www.firstthings.com/article/2004/08/capital-punishment-the-case-for-just...


I’ve read this. It’s very well written and articulates many points we’ve raised on OzPol (over the years ...not just in this topic).
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If I let myself be bought then I am no longer free.

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Lisa Jones
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Re: • A STRONG CASE FOR LEGAL CHANGE •
Reply #59 - Aug 4th, 2023 at 6:12pm
 
I’ve got a few ideas. I also think my ideas could improve with a bit of collaboration. Anyone interested in jumping in and seeing how we could collectively enact legal change?

If so let’s go.

But first a few ground rules.

1. This is an opportunity to share a few ideas.

2. The ideas we put forward MUST EXCLUDE capital punishment. Why? It will prevent Greggary from spamming the debate with his standard statement against the death penalty AND hopefully encourage Greggary to stop throwing hurdles in the discussion and come on board instead.

3. I’m hoping we will come up with a few options. I have faith in us as an online community lol.

4. It’s officially Friday night and that means we can watch the game and chat online.

ΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣΣ

Ok I’ll kick off with a few ideas which I’ve been thinking about all day.

My OP’s (if you look at them a little more carefully) are centred on a shocking crime which is occurring covertly AND internationally.

Let’s unpack this a bit more.

1. The crime is organised/carried out online (globally accessible).

2. The crime is also carried out locally ie offline.

Question: Is there a global entity in place which deals with 1. ? If so what is its name and where is it domiciled?





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If I let myself be bought then I am no longer free.

HYPATIA - Greek philosopher, mathematician and astronomer (370 - 415)
 
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