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Mentally Culpable States - mens rea

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The Wrath

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But for my own edification let me ask this:

Is it really better to occasionally release a guilty man (when he is a murderer of innocents) then to indict an innocent man accidentally and sentence him to death?

This is a false dichotomy(SP?). You don't have to occasionally release a murderer too make sure you don't execute an innocent man. As I previously stated you can simply hold the burden of proof to a much higher standard than the normal beyond reasonable doubt in order to properly give a sentence of death. That standard would be NO DOUBT or a level very closely approximating it. And I explained above what that should consist of. Every one else that doesn't meet that standard you give life in prison. It's that's simple. Murderers don't walk. And the innocent aren't wrongly killed via the state.

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This is a false dichotomy(SP?). You don't have to occasionally release a murderer too make sure you don't execute an innocent man. As I previously stated you can simply hold the burden of proof to a much higher standard than the normal beyond reasonable doubt in order to properly give a sentence of death. That standard would be NO DOUBT or a level very closely approximating it. And I explained above what that should consist of. Every one else that doesn't meet that standard you give life in prison. It's that's simple. Murderers don't walk. And the innocent aren't wrongly killed via the state.

I agree-Ideally that would be the case.

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I have no problem with the death penalty as is, if anything I think we (Americans) are too slow to administer it. However, I am quite certainly horrified by the idea of murdering an innocent man.

But for my own edification let me ask this:

Is it really better to occasionally release a guilty man (when he is a murderer of innocents) then to indict an innocent man accidentally and sentence him to death?

The two seem equally heinous to me.

Absolutely.

It is more important to recognize and appropriately reward the good than it is to denounce and destroy the evil. The good should always be one's first concern. Evil should be fought, dealt with, and dismissed as quickly as possible. Punishing the innocent is far, far worse than failing to punish the guilty. Apologizing for the guilty, though, is a crime of the lowest and foulest sort.

If a man is not proven guilty of a crime he should not be punished for it. That is the entire purpose of objective laws and a court system etc. Sometimes there is great tragedy in life at the hands of another person, and no court system or police force can wipe this out. That doesn't make it appropriate for them to create NEW tragedies.

One of the most evil statements I have ever heard regarding the erroneous sentencing of an innocent man was, "well, he was probably guilty of SOMETHING."

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One of the most evil statements I have ever heard regarding the erroneous sentencing of an innocent man was, "well, he was probably guilty of SOMETHING."

I would condemn that as quickly as you. That statement is foul and leaves a bad taste in my mouth even having only read it.

Objectivity is not easy, but justice is sure. If only objectivity was law...

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Jack Wakeland.  Check the second page of the thread.

Okay, I'm not seeing him. Either something is wrong with my browser, or I inadvertently have him blocked.

EDIT: He isn't blocked. So...I don't know what the deal is.

Edited by Moose
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