1. cube# 6484
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    18 Sep '09 20:03
    Originally posted by sh76
    That's why we don't entrust sentencing to the victim or the victim's family. Punishment has to be based on logic, not emotion.
    I have to disagree with you. It's based on justice, not logic. Besides, if someone kills my kid i'll kim them---and probably get less than 10 years for my moment of "temporary insanity" and lack of any prior convictions.
  2. Joined
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    18 Sep '09 20:09
    Originally posted by NimzovichLarsen
    I have to disagree with you. It's based on justice, not logic.
    It is based on justice, but there are some acts so disgraceful that it would demean a civilised state to repeat them, even as a punishment.
  3. Account suspended
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    18 Sep '09 20:23
    Supreme Court most definately is keeping the death penalty on the table.

    YouTube
  4. Standard membersh76
    Civis Americanus Sum
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    18 Sep '09 20:403 edits
    Originally posted by NimzovichLarsen
    I have to disagree with you. It's based on justice, not logic. Besides, if someone kills my kid i'll kim them---and probably get less than 10 years for my moment of "temporary insanity" and lack of any prior convictions.
    Temporary insanity is either a complete defense (if applicable) or not a defense at all. In most cases, it's the latter. Insanity defenses "work" only roughly 10% of the time; and temporary insanity defenses work even less frequently.

    In your case though, your charge may be reduced to voluntary manslaughter ("heat of passion" ), in which case it's certainly possible that you would serve 10 years or less. But, I wouldn't take it as a given.

    Edit: and justice is logical, not emotional
  5. Germany
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    18 Sep '09 20:55
    There is nothing logical about justice, nor should there be. Do they not teach any philosophy of science in law school?
  6. Standard membersh76
    Civis Americanus Sum
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    18 Sep '09 21:531 edit
    Originally posted by KazetNagorra
    There is nothing logical about justice, nor should there be. Do they not teach any philosophy of science in law school?
    They teach the logic behind punishment (incapacitation, rehabilitation, deterrence and retribution).

    They teach the logic that comprises tort theory.

    They teach the logic that goes into determining contract damages.


    They steer as far clear of emotion and philosophy as possible.


    Compassion for a criminal defendant is the occasional exception. though, of course, that, too. is logical.

    To increase a person's punishment or award tort or contract damages based on emotional factors goes against justice.
  7. silicon valley
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    19 Sep '09 07:46
    Originally posted by sh76
    That's why we don't entrust sentencing to the victim or the victim's family. Punishment has to be based on logic, not emotion.
    islam has the right idea! turn the sentencing over to the people who were harmed ... not the armchair generals ...
  8. Subscribershavixmir
    Guppy poo
    Sewers of Holland
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    19 Sep '09 12:23
    Originally posted by NimzovichLarsen
    So if someone kills someone on tv, a million people see him do it, and he confesses, you are saying there is a 1% chance he didn't do it. Obviously math is not one of your strengths, but neither is thinking. Besides being considered the biggest moron on rhp you now have the distinction of having the dumbest post in the history of rhp. Congrats.
    Let's take this one step further then, just to see who the moron is:

    1. You believe everything you see on TV?
    2. OJ Simpson. If the ball swings one way, do you not reckon it could swing another way?
    3. Just because a British prime-minister says there are weapons of mass destruction in Iraq, doesn't make it so. No matter how much TV coverage he gets, how many intelligence reports he quotes or how many world leaders agree with him.

    4. Have a little look at this:
    http://usproxy.bbc.com/2/low/uk_news/england/hampshire/8194839.stm

    Sean Hodgson pleaded guilty after confessing to brutally raping and murdering someone.
    He didn't do it. 30 years later they discovered he could not have raped the women (due to DNA testing).

    Re-read that line: HE DID NOT DO IT.

    Now, your simplicity and Hollywoodesque bravoure is very touching, but dissing me on suggesting there's always a 1% of innocense is as naieve as killing someone just because YOU are certain they're guilty.

    Go and watch COPS or IDOLS and leave thinking to people with triple digit IQ's.
  9. Subscribershavixmir
    Guppy poo
    Sewers of Holland
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    20 Sep '09 06:53
    Originally posted by shavixmir
    Let's take this one step further then, just to see who the moron is:

    1. You believe everything you see on TV?
    2. OJ Simpson. If the ball swings one way, do you not reckon it could swing another way?
    3. Just because a British prime-minister says there are weapons of mass destruction in Iraq, doesn't make it so. No matter how much TV coverage he gets, h ...[text shortened]... guilty.

    Go and watch COPS or IDOLS and leave thinking to people with triple digit IQ's.
    Good to see the right-wing bastard has shut his gob.

    I hope he's went into hiding, so the world doesn't have to witness his embarrassment.
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