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 Post subject: Re: Irvine Patnick RIP (rot in pieces)
PostPosted: Sat Jan 05, 2013 5:07 pm 
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Ferocious Aardvark wrote:You see, there's the problem right there.

The judge has to direct the jury how to do it.

You have just basically admitted that if YOU were the judge, your direction to the jury would be to find the defendant guilty if
EITHER
they were 100& sure
OR "AS NEAR AS DAMN IT".

Now, I'm not trying to start an argument, but with respect, such a direction would be very confusing, as you have to explain, to those who don't get it, what you mean by "as near as damn it".

And you DO have to explain, because you are by definition saying there that they CAN convict even if they are NOT 100% sure. As long as, if not 100% sure, they are "as near as damn it" that sure.

Maybe something like, "beyond any reasonable doubt" would do the trick?


Well, I wouldn't direct the jury to do that. For a start, I wouldn't use a term like 'as near as damn in' in court, whereas I just might on a message board.

What I'm saying is that if I'd want the jury to be 100% sure in as much as you can be 100% sure about anything. For example, I'm 100% sure that I am the person my birth certificate says I am. Sure, I accept the possibility that I could have been switched at birth with another baby, but I don't find it causes me any reasonable doubt about my identity given the likeness I possess to my father and whatnot. That's what I mean when I say 100% or 'as near as damn it'.






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 Post subject: Re: Irvine Patnick RIP (rot in pieces)
PostPosted: Sat Jan 05, 2013 5:41 pm 
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Rock God X wrote:Well, I wouldn't direct the jury to do that. For a start, I wouldn't use a term like 'as near as damn in' in court, whereas I just might on a message board.

What I'm saying is that if I'd want the jury to be 100% sure in as much as you can be 100% sure about anything. For example, I'm 100% sure that I am the person my birth certificate says I am. Sure, I accept the possibility that I could have been switched at birth with another baby, but I don't find it causes me any reasonable doubt about my identity given the likeness I possess to my father and whatnot. That's what I mean when I say 100% or 'as near as damn it'.

You would have to present all the evidence to a jury of your fellow forum members and we would decide 'beyond reasonable doubt' if you are who you claim to be.
:wink:






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 Post subject: Re: Irvine Patnick RIP (rot in pieces)
PostPosted: Sat Jan 05, 2013 6:40 pm 
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Mintball wrote:The 'value' is in being a civilised society.

And also in the belief that any sentence that the judicial system hands down should do or offer the potential for four things: protect the public, punish the offender, rehabilitate and bring about restitution.

That's in no particular order.

And I'm not trying to be funny, but you still seem to be avoiding that earlier point: if it is wrong to take someone's life from them, then why does it become right for the state so to do? (Let's ignore, for the sake of this and clarity, war and things like mercy killing)


The state as a body has a duty of care to its citizens to provide a form of justice that is appropriate to the ideals of the society - in this case it is OK for sanctioned killing if you believe like I do that execution is an appropriate form of justice for some crimes.






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 Post subject: Re: Irvine Patnick RIP (rot in pieces)
PostPosted: Sat Jan 05, 2013 6:46 pm 
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Stand-Offish wrote:
Rock God X wrote:Well, I wouldn't direct the jury to do that. For a start, I wouldn't use a term like 'as near as damn in' in court, whereas I just might on a message board.

What I'm saying is that if I'd want the jury to be 100% sure in as much as you can be 100% sure about anything. For example, I'm 100% sure that I am the person my birth certificate says I am. Sure, I accept the possibility that I could have been switched at birth with another baby, but I don't find it causes me any reasonable doubt about my identity given the likeness I possess to my father and whatnot. That's what I mean when I say 100% or 'as near as damn it'.

You would have to present all the evidence to a jury of your fellow forum members and we would decide 'beyond reasonable doubt' if you are who you claim to be.
:wink:


Ok, but I insist that you are at least 93.67% sure before you give your verdict.






Christianity: because you're so awful you made God kill himself.

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 Post subject: Re: Irvine Patnick RIP (rot in pieces)
PostPosted: Sat Jan 05, 2013 6:48 pm 
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Rock God X wrote:But you can't just change the law to say we can hang Peter Sutcliffe, you'd have to change it so that it's at least an option in all murder cases (subject to sentencing guidelines). And then we have the possibility of innocent men being killed by the state. If the law was ever to be changed, it would only be a matter of time before this would happen again.

Take aside all arguments about whether cases must be proved to 91%, 99% or 100% certainty, juries still get it wrong from time to time. It's better that we keep a thousand murderers in prison for life than that a single innocent man dies at the hands of the state, isn't it?


As I said before I agree it should be an option - we are not talking Texas here we would possibly only execute a very few - the chances of getting it wrong would be minute. Things have moved on significantly in investigative science.

As I also said there have been innocent people who have been convicted so are you saying it is OK for those people to be wrongly imprisoned to maintain the current system? You will never have a perfect system if you take your view you would never do anything.






Your job is to say to yourself on a job interview does the hiring manager likes me or not. If you aren't a particular manager's cup of tea, you haven't failed -- you've dodged a bullet.

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 Post subject: Re: Irvine Patnick RIP (rot in pieces)
PostPosted: Sat Jan 05, 2013 6:55 pm 
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Sal Paradise wrote:
Rock God X wrote:But you can't just change the law to say we can hang Peter Sutcliffe, you'd have to change it so that it's at least an option in all murder cases (subject to sentencing guidelines). And then we have the possibility of innocent men being killed by the state. If the law was ever to be changed, it would only be a matter of time before this would happen again.

Take aside all arguments about whether cases must be proved to 91%, 99% or 100% certainty, juries still get it wrong from time to time. It's better that we keep a thousand murderers in prison for life than that a single innocent man dies at the hands of the state, isn't it?


As I said before I agree it should be an option - we are not talking Texas here we would possibly only execute a very few - the chances of getting it wrong would be minute. Things have moved on significantly in investigative science.

As I also said there have been innocent people who have been convicted so are you saying it is OK for those people to be wrongly imprisoned to maintain the current system? You will never have a perfect system if you take your view you would never do anything.


It doesn't matter if we only execute one innocent man every 20 years, it's still too many.

The big difference between imprisonment and execution (as I'm sure you're aware) is that one is rather more permanent than the other. Obviously it's not 'ok' to lock up an innocent man, but they can at least be released/compensated if new evidence comes to light. A dead man doesn't get a second chance.






Christianity: because you're so awful you made God kill himself.

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 Post subject: Re: Irvine Patnick RIP (rot in pieces)
PostPosted: Sat Jan 05, 2013 7:10 pm 
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Sal Paradise wrote:The state as a body has a duty of care to its citizens to provide a form of justice that is appropriate to the ideals of the society - in this case it is OK for sanctioned killing if you believe like I do that execution is an appropriate form of justice for some crimes.


Do you have some form of objective argument on this?

Also, have you decided what the bar is for execution? How many does one have to kill, for instance? Is the manner of murder a factor?

All these things would be entirely subjective.






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 Post subject: Re: Irvine Patnick RIP (rot in pieces)
PostPosted: Sat Jan 05, 2013 8:28 pm 
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Mintball wrote:All these things would be entirely subjective.


Everything would. Which is why they have 12 “good and lawful men” on a jury, to have their own 12 subjective viewpoints on something to give a "fair" outcome.


Mintball wrote:Evidence from the US, in states where capital punishment was re-introduced, suggest that the murder rate increased after the reintroduction.


Can you supply a link as I think your line may be slightly misleading.

The word "reintroduced" as you appear to have implied, would suggest it was reintroduced in to some states, when it wasn't. Capital Punishment was "suspended" between 1972-76. It came back into the states that had it anyway. It was not reintroduced as some form of measure as your line may imply.

What might be interesting data is the murder rate in the US between 72 and 76.

For what it's worth, I personally don't believe that capital punishment is a deterent as History shows with reference to death penalties in early 18th C England which then led to Transportation Acts instead.

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 Post subject: Re: Irvine Patnick RIP (rot in pieces)
PostPosted: Sat Jan 05, 2013 9:09 pm 
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If it doesn't deter people, or cost less, so why even consider capital punishment?

In any case, have you noticed when people tend to talk about this issue? It's normally after some heinous crime such as a school shooting or child killing (or in the case of the OP, someone who was less than honest :roll:). It's an emotive issue, I understand that. But the emotion we are talking about is hate. Pure hatred at those who commit such crimes. Hatred is not the way, vengeance can do no good.

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 Post subject: Re: Irvine Patnick RIP (rot in pieces)
PostPosted: Sat Jan 05, 2013 9:20 pm 
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kirkstaller wrote:If it doesn't deter people, or cost less, so why even consider capital punishment?

In any case, have you noticed when people tend to talk about this issue? It's normally after some heinous crime such as a school shooting or child killing (or in the case of the OP, someone who was less than honest :roll:). It's an emotive issue, I understand that. But the emotion we are talking about is hate. Pure hatred at those who commit such crimes. Hatred is not the way, vengeance can do no good.


Let's put that thought in a religious context.

Judaism had it's eye for an eye and still seems to via the Israeli government. It just causes strife.

Christianity was a refinement and turning the other cheek proved a successful stratagy.

Islam then saw the weakness in Christianity and its followers are content to take the sword to followers of other religions. Fortunately, the Christian world has tended to have been more advanced and powerful for a number of centuries now and has previously repelled the march of Islam. Followers of Islam are now embedded in many traditionally Christian countries, Islam is in one of its periodic expansionist phases, muddled Liberal thinking thinking pervades many European country's with ensuing moral decline, several Muslim countries are extremely rich. The net effects are likely to be the Islamic world taking advantage of the weaknesses in both Christianity and our moral decline.

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