Death Penalty

[barfbag]

The current system in the US in untenable and grossly unfair.  We need to either ban capital punishment altogether or apply it more broadly in a system where appeals take at most a year or two to resolve.

I doubt we can speed up appeals. I'm with you in banning it because I view it as inhumane and of course the small chance someone innocent could be executed.

[True Federalist (진정한 연방 주의자)]

The current system in the US in untenable and grossly unfair.  We need to either ban capital punishment altogether or apply it more broadly in a system where appeals take at most a year or two to resolve.

I doubt we can speed up appeals.

There are things that could be done.  For instance, we could probably eliminate the whole class of appeals based on the prosecution keeping exculpatory evidence from the defense by eliminating the incentive to do so.  If a prosecutor faced the death penalty himself for keeping such evidence from the defense in a death penalty case, even if the evidence would not have been enough to prevent a conviction, then we'd see far fewer examples of such behavior.  (Indeed, I'd apply that as a general rule.  Prosecutors and law enforcement officials who withhold evidence in a case from the defense should be subject to the punishment for that crime.)

Another avenue of speeding up appeals would be to try all death penalty cases in Federal courts to begin with so as avoid the delays incurred by two systems of appeal.

Also if the court were to reverse its opinion in Woodson v. North Carolina and in Roberts v. Louisiana and allow for the automatic imposition of the death penalty for those guilty of some crimes, another avenue of appeal would be removed, but I don't see that ever happening, at least not in my lifetime.

[barfbag]

The current system in the US in untenable and grossly unfair.  We need to either ban capital punishment altogether or apply it more broadly in a system where appeals take at most a year or two to resolve.

I doubt we can speed up appeals.

There are things that could be done.  For instance, we could probably eliminate the whole class of appeals based on the prosecution keeping exculpatory evidence from the defense by eliminating the incentive to do so.  If a prosecutor faced the death penalty himself for keeping such evidence from the defense in a death penalty case, even if the evidence would not have been enough to prevent a conviction, then we'd see far fewer examples of such behavior.  (Indeed, I'd apply that as a general rule.  Prosecutors and law enforcement officials who withhold evidence in a case from the defense should be subject to the punishment for that crime.)

Another avenue of speeding up appeals would be to try all death penalty cases in Federal courts to begin with so as avoid the delays incurred by two systems of appeal.

Also if the court were to reverse its opinion in Woodson v. North Carolina and in Roberts v. Louisiana and allow for the automatic imposition of the death penalty for those guilty of some crimes, another avenue of appeal would be removed, but I don't see that ever happening, at least not in my lifetime.

Things can be done, but I can't see our government doing anything to speed anything up ever especially with all the money made from court proceedings. If the death penalty were to start at the federal level, then what do we do about states that don't have the death penalty? Evidence shouldn't be withheld from either side. I feel the death penalty is inhumane though.

[cheesepizza]

Absolutely.  My only concern is possible innocence, but I'd just put a DNA requirement in. 

I believe the death penalty is ultimate justice for those who commit horrendous crimes against society.  They lose their humanity and strike down others' God-given right to life when committing murder; as such, they forfeit that right as well.

[TJ in Oregon]

Absolutely.  My only concern is possible innocence, but I'd just put a DNA requirement in. 

I believe the death penalty is ultimate justice for those who commit horrendous crimes against society.  They lose their humanity and strike down others' God-given right to life when committing murder; as such, they forfeit that right as well.

Do you think the death penalty in practice is partially done in vengeance? If so is that acceptable? If not, what exactly is the motivation behind enacting the death penalty in a case?

[politicallefty]

I think the death penalty should be abolished in its entirety. The US should join the vast majority of advanced countries. I think the only possibility of ending the death penalty in this country in any of our lifetimes is either a constitutional amendment (not at all likely) or the Supreme Court ruling it to be unconstitutional (either entirely or in practice).

[PJ]

State sponsored killing is never a good idea.

EDIT: Killing is never a good idea.

[cheesepizza]

Absolutely.  My only concern is possible innocence, but I'd just put a DNA requirement in. 

I believe the death penalty is ultimate justice for those who commit horrendous crimes against society.  They lose their humanity and strike down others' God-given right to life when committing murder; as such, they forfeit that right as well.

Do you think the death penalty in practice is partially done in vengeance? If so is that acceptable? If not, what exactly is the motivation behind enacting the death penalty in a case?

It may be done in vengeance, but the death penalty is fully compatible with natural law for murder cases, which are really the only death-penalty eligible crimes in America. 

My primary concern is justice.  Vengeance may motivate the death penalty, but the underlying concept is justice.   If vengeance was the only concern, then the victim's family would kidnap the defendant and torture him for weeks.  However, our system of laws makes it such that justice is the primary goal.  There are also many obstacles to the death penalty in order to prevent potential problems (like unfair sentencing or possible innocence) from occurring.  If I were convicted of murder wrongly, I'd probably choose the death penalty because I would get many more appeals and have a higher chance of exoneration.