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[return to "Texas death row inmate at mercy of supreme court, and junk science"]
1. Samoye+Eg[view] [source] 2023-09-24 13:55:32
>>YeGobl+(OP)
The way death row inmates are treated is arguably a reason to be against death row. There was also a case where a person on death row couldn’t present exculpatory evidence to prove his innocence because his last appeals lawyer didn’t do it. The Supreme Court literally decided you can prove you have evidence that proves your innocence, that you were done dirty by an incompetent lawyer, it doesn’t matter, you should still be killed.

https://en.m.wikipedia.org/wiki/Shinn_v._Ramirez

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2. spamiz+Ov[view] [source] 2023-09-24 15:41:10
>>Samoye+Eg
That's because the purpose of the death penalty is to function as a sort of secular human sacrifice, to ward off evil-doers possibly doing bad things, due to a belief that deep down bad guys are rational actors and will choose not to do commit capital murder based on punishment.
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3. dsego+Yx[view] [source] 2023-09-24 15:57:43
>>spamiz+Ov
It's retributive justice, it's not a deterrent.

To quote a post I recently found resonating with me:

"Look, we don’t necessarily hang murderers to deter other people from committing the same offence. We kill them simply because the punishment has to carry the same weight as the offence. The family of the murderer must go through the same anguish and pain that the murder victim’s family went through. The killer has to be stopped from enjoying all the things that come with being alive. When you kill another person, you deprive them of worldly enjoyments like food, sex, conversations, bathing, laughing, crying and therefore it is only befitting that you too get deprived of same and the only way to do so is through the death sentence. If we are going to shy away from punishing wrong-doers on the basis that the punishment won’t stop other people from committing the same offence then we might as well not send anyone to jail because sending people to jail has never stopped other people from committing the same offences."

https://www.sundaystandard.info/iocom-a-retributionist-i-sup...

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4. saghm+t21[view] [source] 2023-09-24 19:00:44
>>dsego+Yx
> The family of the murderer must go through the same anguish and pain that the murder victim’s family went through.

I don't understand why this "must" be the way things are done; it seems way more of a stretch to argue this than to say that if the family of the murderer is innocent, choosing a punishment specifically based on wanting to make them suffer seems pretty messed up. I don't think claiming that innocent people who happen to be related to criminals should be forced to suffer is a universal premise; if you're going to claim it, you're going to need to back it up with an argument about why that's somehow more reasonable than "we shouldn't go out of our way specifically to punish innocent people".

> If we are going to shy away from punishing wrong-doers on the basis that the punishment won’t stop other people from committing the same offence then we might as well not send anyone to jail because sending people to jail has never stopped other people from committing the same offences.

If your goal is a 1:1 justice system where the guilty party suffers the exact same punishment that their victim suffered through their crime, doesn't that also imply that imprisonment should basically only ever be used as a punishment for kidnapping/holding people hostage? Do you punish a drug dealer by forcing them to buy drugs from the victim, or a fraud doctor to get care only from people without medical degrees? It's virtually impossible to try to define punishments like this in general, so I don't find it compelling that it's somehow the obvious way to punish murder.

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