AWC Viper said:
I am for the death penalty. in certain circumstances like mass murder ( more than 1) but other than that i say life in prison (but in Australia life is only 25 years)
No, in Australia life is life. I thought the same thing, but my lecturer corrected me.
I don't have any philosophical qualms about the death penalty; there's a difference between wantonly killing someone in rage, or premeditating the murder of a legally innocent person, and a judge-appointed execution.
There are some people who are never going to be 'helped' by the legal system, and are such a danger to the populace that you have only the options of capital punishment or life imprisonment. The problem with life imprisonment is that the sentences are always reviewed because the parole boards etc. have short memories, and good behaviour is easy when you're inside an environment where you are never given the opportunity to offend; it is also exceptionally expensive.
The problem with death penalties, for me, is functional. Jurors are not mentally capable of committing someone to death when they know there is no second chance. They don't want to be the ones responsible for ending the life. Death penalties generally result in lower conviction rates for this reason.
There are also problems with the family the criminal leads behind; in many cases, the criminal will be the breadwinner and the family will have no insurance recourse or anything to support themselves once the person is put to death.
The argument above about "You can never be sure about the right guy" is exactly the problem with jury trials. The burden of doubt in criminal courts is "Beyond -REASONABLE- doubt, not beyond ALL doubt." It is bad functionality that 1000 criminals should be let free to make sure one innocent person isn't wrongfully convicted. The original quote about that was incredibly misleading, and here's an analogy to explain why:
Lets say your doctor has two tests for a particular dangerous and infectious disease. The first test gives a 5% false-positive, and a 0.1% chance false negative. The second test gives a 0.0001% false positive, but a 30% false negative. Which test would you rather he use? The first test is CLEARLY the superior option; the second test releases 30% of people with the disease back into the populace, allowing the infection to spread.
The legal system is set up specifically to determine guilt. If you can't trust it to do that, then we shouldn't have one at all; the magnitude of the punishment is irrelevant. Furthermore, as anyone educated or working in the legal sector will know, the chance of an innocent person even getting to court, let alone convicted, is EXTREMELY small.