View Poll Results: Should there be a death penalty?

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  • Yes

    65 47.10%
  • No

    53 38.41%
  • Under certain circumstances, please explain

    20 14.49%
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Thread: Death Penalty

  1. #671
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    Re: Death Penalty

    Quote Originally Posted by Bodhisattva View Post
    How do you get arbitrarily out of it?
    It ultimately rests with the judge. Despite whatever guidelines exist, the judge has ultimate discretion.

  2. #672
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    Re: Death Penalty

    Quote Originally Posted by Kal'Stang View Post
    Since it is not done "arbitrarily" then I don't see where your concern is. The person that is sentenced to death went through a lengthy court proceeding. By the time they are finally executed they have had multiple attempts to convince that a stay of execution was needed or warranted. It takes years to go through all of these processes. That is anything BUT arbitrary.
    When you're sentenced to death, it is because a judge (individual) made that sentence. The appeals do not serve to justify the severity of the punishment, but rather to ensure the law was carried out in a just and righteous manner.

  3. #673
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    Re: Death Penalty

    Quote Originally Posted by Mensch View Post
    It ultimately rests with the judge. Despite whatever guidelines exist, the judge has ultimate discretion.
    That still isn't arbitrary thought...
    Quote Originally Posted by Bucky View Post
    I have pooped in public, even in public neighborhoods.
    Quote Originally Posted by OldFatGuy View Post
    Usually a gag for wise mouthed insulting little girls. Then some good nylon rope so I can tie them up, toss them in the trunk of my car and forget about them.

  4. #674
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    Re: Death Penalty

    Quote Originally Posted by Bodhisattva View Post
    That still isn't arbitrary thought...
    ar∑bi∑trar∑y   [ahr-bi-trer-ee] Show IPA adjective, noun, plural -trar∑ies.
    adjective
    1.
    subject to individual will or judgment without restriction; contingent solely upon one's discretion: an arbitrary decision.

    Granted, there are cases where the maximum penalty would prohibit a death sentence. But in the majority of cases, the final decision is left completely up to the judge.

  5. #675
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    Re: Death Penalty

    Quote Originally Posted by Bodhisattva View Post
    The victim is dead and this is a Red Herring.
    Ok then, so how does the death penalty makes things better?

    "You know, when they came and took away my fourth amendment I kept my yap shut, what the hell, I really didnít have anything to hide anyway. When they grabbed up my second amendment I sat still and bit my tongue because, truth be told, Iím allergic to guns. But here we are, you with your cold hard fingers wrapped around the neck of my first amendment and Iíve got to shout as loud as I can, because if I donít, before you know it, you wonít let me say nothing at all"
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  6. #676
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    Re: Death Penalty

    Quote Originally Posted by Bodhisattva View Post
    That's fine... I don't agree. SCOTUS is not infallible.
    My point here is that Mensch was using the correct legal terminology (legalese). Arbitrariness in a legal judgement is a decision made at the discretion of the judge, not one that is fixed by law.

    SCOTUS has determined that by the legal meaning of arbitrary, that the DP is applied in an arbitrary manner. I understand that they are not all-knowing, they are however, charged with the final decisions on the DP. I posted two separate links to show you that it is not just SCOTUS who see it as arbitrary, but a large portion of the law community.

    "You know, when they came and took away my fourth amendment I kept my yap shut, what the hell, I really didnít have anything to hide anyway. When they grabbed up my second amendment I sat still and bit my tongue because, truth be told, Iím allergic to guns. But here we are, you with your cold hard fingers wrapped around the neck of my first amendment and Iíve got to shout as loud as I can, because if I donít, before you know it, you wonít let me say nothing at all"
    --Randolph J. Dworkin

    ďReading makes a full man, meditation a profound man, discourse a clear man.Ē
    -- Ben Franklin

    "It has been said that something as small as the flutter of a butterfly's wing can ultimately cause a typhoon halfway around the world"
    -- Chaos Theory

  7. #677
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    Re: Death Penalty

    Quote Originally Posted by Bodhisattva View Post
    A poll? The poll was predetermined... that is the point. And no, the police don't decide... they follow the rule of law as set down by society. If the people don't like the DA asking for the DP they replace him. That is how the system works. Same with the Judge and/or those that elected or appointed him. You are not arguing against the DP you are arguing against the enitre United States system of government as it is set up in the US Constitution.
    The police do decide. They assess a situation, collect evidence and make recommendations to the DA. If they want they can move slow, ignore evidence, work sloppily etc... thereby leaving the arrest up to their discretion. Unfortunately if the victim is a prostitute the reality is that it is not pursued as mightily as if it were a pretty blonde college student.

    Every step of the way there is some justification that can come out of someones mouth to lean one way or the other on the issue.

    "You know, when they came and took away my fourth amendment I kept my yap shut, what the hell, I really didnít have anything to hide anyway. When they grabbed up my second amendment I sat still and bit my tongue because, truth be told, Iím allergic to guns. But here we are, you with your cold hard fingers wrapped around the neck of my first amendment and Iíve got to shout as loud as I can, because if I donít, before you know it, you wonít let me say nothing at all"
    --Randolph J. Dworkin

    ďReading makes a full man, meditation a profound man, discourse a clear man.Ē
    -- Ben Franklin

    "It has been said that something as small as the flutter of a butterfly's wing can ultimately cause a typhoon halfway around the world"
    -- Chaos Theory

  8. #678
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    Re: Death Penalty

    Quote Originally Posted by disneydude View Post
    Okie Dokie artichokie. I'm sure that that is exactly the reason (and nothing else).
    Love the sarcastic "Okie Dokie artichokie" bit. I've already shown that I was not afraid of going to jail as I've already been there and found it easy. As such it was no deterence in my decision to not go after the guy. So since you believe that you know what I think and how I think perhaps you can tell me exactly why I decided to not go after the guy.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

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  9. #679
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    Re: Death Penalty

    Quote Originally Posted by taxigirl View Post
    How does the death penalty make it any better for the victim?
    If they victim lives then they feel a hell of a lot safer for one. They also feel a sense of justice being done. Psycologically that makes it far better for the victim. And the same applies if the victim is dead only it applies to the family of the victim.

    But its not just about the victim or their family. It is also about society as a whole being made safer. If you put a killer in prison then they will have an opportunity to kill again. Be it a guard, another inmate, or by being able to escape and kill someone else outside of prison.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

  10. #680
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    Re: Death Penalty

    Quote Originally Posted by Mensch View Post
    ar∑bi∑trar∑y   [ahr-bi-trer-ee] Show IPA adjective, noun, plural -trar∑ies.adjective1.subject to individual will or judgment without restriction; contingent solely upon one's discretion: an arbitrary decision.Granted, there are cases where the maximum penalty would prohibit a death sentence. But in the majority of cases, the final decision is left completely up to the judge.
    You put in bold the wrong part... without restriction is the pertinent part. They are restricted within the bounds of the law. The Judge cannot put somebody to death that has not been brought up on the correct charges and without having the DA seeking the DP. It isn't arbitrary.
    Quote Originally Posted by Bucky View Post
    I have pooped in public, even in public neighborhoods.
    Quote Originally Posted by OldFatGuy View Post
    Usually a gag for wise mouthed insulting little girls. Then some good nylon rope so I can tie them up, toss them in the trunk of my car and forget about them.

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