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toksik: Well, you could start a thread called "State-sanctioned killing", that might include both war and the death penalty. Also espionage, trade agreements, the availability of firearms and the availability of abortion, depending on where you wanted to draw the line. This, however, is a thread intended primarily to discuss the death penalty, that is the execution by the state of its own citizens as an act of legal redress for an offence against the state (or the Crown, in Britain, say). For further discussion of what to call a thread that covers the other areas you believe are relevant, I suggest PMing a Head Shop moderator or starting a thread in the Policy. Don't forget to include a topic abstract in the new thread.
To return to the question...the usual arguments for state actions against those it has found guilty are (and Foucault may well get very useful shortly) deterrence (others will see this person being punished and not want to risk being punished in the same way), punishment (this person will be punished proportionally to the magnitude of the crime), seclusion (this person will be placed in an environment where he or she will be unable to commit more crime, as they will be heavily observed and their liberty to move and act curtailed) and rehabilitation (during incarceration (usually) the criminal will be remodelled in such a way that they do not want ans/or do not need to reoffend). There are also subsidiary questions such as how much these things will cost (for example, rehabilitation-based approaches are often more expensive than solutions that favour simple seclusion).
Judicial execution pretty well rules out rehabilitation, as far as I can see. It is an effective means of seclusion, after a fashion, and might be seen as a logical part of a scale of punishment (although I wouldn't say so myself). Deterrence seems a vexed question - is it a *more* effective deterrent than non-fatal punishments?
There are other more pragmatic arguments. Personally, I am opposed to it, and not just on the grounds that for a state to claim the right to terminate its citizens in cold blood strikes me as a very dangerous freedom. On cost, it seems to me that people spend a long time on Death Row, and during that time it seems an almost constant legal challenge is being mounted, presumably at the state's expense in most cases, to their execution, whereas incarceration terms are, at least in this country, decided by internal review and ultimately by the Home Secretary - it's a dodgy system, but it's certainly insourced.
One argument I heard in opposition to the death penalty's reintroduction in the United Kingdom for, say, murder, or child murder, or murdering a police officer, or terrorism, was given to me by a policeman himself, who believed that the juries would be unwilling to convict people who could be sentenced to death by a judge unless they were convinced of guilt not only beyond a reasonable doubt (the standard formulation), but beyond any possible doubt whatsoever, and sometimes not even then, so either guilty people would be acquitted or would be charged by the CPS with less severe crimes, disrupting the entire system. |
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