Didymus wrote:
That ultimate authority rests with the states. It has to, otherwise, how do you expect a state to carry out justice at all?
I don't accept that. Each state should be responsible for carrying out justice, yes I agree with that much. But I don't accept that justice includes playing God over human life.
See, don't misunderstand what I'm saying here. I'm not saying any of this out of sympathy for criminals. The fundamental problem that I have is the fact that lawmakers are allowed to play God over human life. There are laws in existance that state that some people have the right to cast the judgment of life or death over others. And I don't see what qualifies any person or group to do that - to assert that there are lives that are less worthy than others, that they and only they are allowed to terminate.
It's a terrible hypocrisy that doctors and scientists are constantly being levelled with the charge of playing God, while the fact that the pro-execution lobby are advocating the exact same thing for themselves.
Quote:
But in any case, the basis for this is pretty simple: the punishment for a crime should fit the crime. Now, within the past few centuries, for some reason, imprisonment has become the most common way of punishing criminals and attempting to preserve justice, but not to the exclusing of other forms of punishment, such as fines, community service, etc. However, the notion that a criminal who commits the most heinous crimes, particularly murder, should be executed is based on the notion that the punishment for a particular crime should fit the crime. And according to this formula, to deprive a person of life then warrents the death penalty. Granted, the death penalty is not necessary in every instance, but that is a matter for courts to decide, based on their authority to carry out one of their primary functions: to preserve justice.
Now, if your argument is essentially that murder and other heinous crimes do not merit the death penalty, then I can only surmise that you're claiming that the punishments should not fit the crime. This is problematic, since it undermines this key concept of justice: the punishment fitting the crime.
I fully support the idea that the punishment should fit the crime. But I don't think that that's what you're arguing for here. I think that you're arguing for an "eye for an eye" brand of punishment, which is far more extreme. It's revenge instead of dispassionate justice, in other words. And if you kill a person for murder, you might as well go the full distance - have beatings administered for assault charges, burn down the houses of arsonists, etc etc. And soon we'll all be in Iran.
The punishment can fit the crime perfectly, without any need to play God over life and death. Forty years to life imprisonment is a very apt punishment for the worst crimes. You'd be protecting society from the worst criminals, and the element of punishment would be just as effective as the death penalty. You are in effect depriving the criminal of freedom for the best part of their lives.