The only conceivable reason that Capital Punishment ought to be maintained in applicable law, is for implement as a Plea bargaining chip. If there is the treat of (very eventual) execution by unpleasant means* (see note[s] below) a guilty inmate is likely to spare taxpayers the burdensome cost of a trial, and make an agreement for a final sentence of Life Imprisonment without the possibility of parole.
However if we seek to maintain this form of archaic punishment, then Kennedy v. Louisiana ought to be overturned, as it is rather peculiar that a Felon may be executed for an unintentional death which occurred in the course of a felony** (referred to as Felony Murder, a from of First Degree Murder and a Capital Offense in most States -see note-) yet a child rapist (who may clearly intend to cause death) would face a somewhat more lenient fate.
* The key component of the three drug cocktail utilized almost ubiquitously throughout the State which use capital punishment which ultimately induces cardiac arrest and proves lethal, Potassium Chloride will slowly dissolve the veins of the condemned, causing excruciating pain in the process. Worse yet, Greg's home State of Arkansas now exclusively utilizes the Electric Chair by default, which is now the only State which mandates a means of capital punishment other than Lethal Injection (and is a rather barbaric fate, as it required the use of an antiquated device to fry-and burn- the flesh alive).
**Felony murder only requires that one commit a (specifically codified felony- which typically includes all Common Law Felonies which are still applicable to today's society) such a Burglary, and that someone die as a result or during the commission of said felony (a victim of a heart attack for example, as it is not necessary of any mens rea to be present). It is thus possible that one may be executed for an entirely unintentional death, which occurred during the commission of a nonviolent crime.
I agree. I do wonder however that countries without such heavy punishments for murder have only a small fraction of our murders. That argues against the "deterrent" theory, which is the favorite of those who won't admit to thirsting for revenge and retribution.
"Greg's home State of Arkansas now exclusively utilizes the Electric Chair by default, which is now the only State which mandates a means of capital punishment other than Lethal Injection (and is a rather barbaric fate, as it required the use of an antiquated device to fry-and burn- the flesh alive)." This is not true. In support of my contention, I offer the following: http://www.deathpenaltyinfo.org/new-voices-arkansas-governor-reverses-position-death-penalty
Nor is this statement correct: "The key component of the three drug cocktail utilized almost ubiquitously throughout the State which use capital punishment which ultimately induces cardiac arrest and proves lethal, Potassium Chloride will slowly dissolve the veins of the condemned, causing excruciating pain in the process." Most states include an anesthetic agent in the three drug cocktail you mention. See http://www.deathpenaltyinfo.org/state-lethal-injection
The link you included stated that the method of lethal injection had been deemed to constitute Cruel and Unusual punishment, and in accordance with such a ruling, the Electric Chair is to be used to execute the condemned, as provided for in the current legislation that had reinstated Capital Punishment.
Due to the utter lack of training by prison staff, and the use of EMTs in place of a M.D. (as such may violate the Hippocratic oath) , the chemicals are seldom administered in a manner consistent with the State mandated procedure, and the anesthetics (it may paralyze the condemned, while maintaining full consciousness) that are typically utilized do not last for the entirety of the execution. It is noted by medical experts that it is likely for the condemned to be fully conscious (however paralyzed) during the majority of the procedure.
As far as I'm concerned, there's nothing cruel or unusual about requiring the condemned to suffer, especially when balanced against the crimes that they committed.
"The link you included stated that the method of lethal injection had been deemed to constitute Cruel and Unusual punishment, and in accordance with such a ruling, the Electric Chair is to be used to execute the condemned, as provided for in the current legislation that had reinstated Capital Punishment." Apparently, I'm blind as I still don't see that. It provides more information than that. There has not been an execution since 2005. The ruling regarding lethal injection came about in 2012. Finally, from the same website, there is this, electrocution is an option for those whose offenses occurred before 7/4/83 (http://www.deathpenaltyinfo.org/state-lethal-injection)
Since I've become a topic of conversation, I'll weigh in. Certain crimes--murder and rape (including molestation) being prime examples--are so far outside the pale as to demand the removal of the offender from society. The death penalty does this most effectively. Given the difficulties in being sure about the guilt of a defendant, I see this penalty as something that should be applied sparingly.
The only conceivable reason that Capital Punishment ought to be maintained in applicable law, is for implement as a Plea bargaining chip. If there is the treat of (very eventual) execution by unpleasant means* (see note[s] below) a guilty inmate is likely to spare taxpayers the burdensome cost of a trial, and make an agreement for a final sentence of Life Imprisonment without the possibility of parole.
ReplyDeleteHowever if we seek to maintain this form of archaic punishment, then Kennedy v. Louisiana ought to be overturned, as it is rather peculiar that a Felon may be executed for an unintentional death which occurred in the course of a felony** (referred to as Felony Murder, a from of First Degree Murder and a Capital Offense in most States -see note-) yet a child rapist (who may clearly intend to cause death) would face a somewhat more lenient fate.
* The key component of the three drug cocktail utilized almost ubiquitously throughout the State which use capital punishment which ultimately induces cardiac arrest and proves lethal, Potassium Chloride will slowly dissolve the veins of the condemned, causing excruciating pain in the process. Worse yet, Greg's home State of Arkansas now exclusively utilizes the Electric Chair by default, which is now the only State which mandates a means of capital punishment other than Lethal Injection (and is a rather barbaric fate, as it required the use of an antiquated device to fry-and burn- the flesh alive).
**Felony murder only requires that one commit a (specifically codified felony- which typically includes all Common Law Felonies which are still applicable to today's society) such a Burglary, and that someone die as a result or during the commission of said felony (a victim of a heart attack for example, as it is not necessary of any mens rea to be present). It is thus possible that one may be executed for an entirely unintentional death, which occurred during the commission of a nonviolent crime.
I agree. I do wonder however that countries without such heavy punishments for murder have only a small fraction of our murders. That argues against the "deterrent" theory, which is the favorite of those who won't admit to thirsting for revenge and retribution.
ReplyDelete"Greg's home State of Arkansas now exclusively utilizes the Electric Chair by default, which is now the only State which mandates a means of capital punishment other than Lethal Injection (and is a rather barbaric fate, as it required the use of an antiquated device to fry-and burn- the flesh alive)." This is not true. In support of my contention, I offer the following:
ReplyDeletehttp://www.deathpenaltyinfo.org/new-voices-arkansas-governor-reverses-position-death-penalty
Nor is this statement correct: "The key component of the three drug cocktail utilized almost ubiquitously throughout the State which use capital punishment which ultimately induces cardiac arrest and proves lethal, Potassium Chloride will slowly dissolve the veins of the condemned, causing excruciating pain in the process." Most states include an anesthetic agent in the three drug cocktail you mention. See http://www.deathpenaltyinfo.org/state-lethal-injection
The link you included stated that the method of lethal injection had been deemed to constitute Cruel and Unusual punishment, and in accordance with such a ruling, the Electric Chair is to be used to execute the condemned, as provided for in the current legislation that had reinstated Capital Punishment.
DeleteDue to the utter lack of training by prison staff, and the use of EMTs in place of a M.D. (as such may violate the Hippocratic oath) , the chemicals are seldom administered in a manner consistent with the State mandated procedure, and the anesthetics (it may paralyze the condemned, while maintaining full consciousness) that are typically utilized do not last for the entirety of the execution. It is noted by medical experts that it is likely for the condemned to be fully conscious (however paralyzed) during the majority of the procedure.
As far as I'm concerned, there's nothing cruel or unusual about requiring the condemned to suffer, especially when balanced against the crimes that they committed.
Delete"The link you included stated that the method of lethal injection had been deemed to constitute Cruel and Unusual punishment, and in accordance with such a ruling, the Electric Chair is to be used to execute the condemned, as provided for in the current legislation that had reinstated Capital Punishment." Apparently, I'm blind as I still don't see that. It provides more information than that. There has not been an execution since 2005. The ruling regarding lethal injection came about in 2012. Finally, from the same website, there is this, electrocution is an option for those whose offenses occurred before 7/4/83 (http://www.deathpenaltyinfo.org/state-lethal-injection)
DeleteIn case anyone doesn't know, I'm opposed to capital punishment, period, no exceptions.
ReplyDeleteSince I've become a topic of conversation, I'll weigh in. Certain crimes--murder and rape (including molestation) being prime examples--are so far outside the pale as to demand the removal of the offender from society. The death penalty does this most effectively. Given the difficulties in being sure about the guilt of a defendant, I see this penalty as something that should be applied sparingly.
ReplyDelete