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Well, the reason why someone who does not have the capacity to be rehabilitated should be apparent.
The whole point of change is that you go from one thing to another. It need not be apparent.
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You take a killer that has no problem with killing, and will do so whenever they get the chance, place them in prison with people who have seen the errors in their ways, what do you think is going to happen?
Err, maybe they'll see the error of their ways too? Just a thought. Nobody says you have to keep them all in the same space.
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Either way, you're right about determining who is or is not rehabilitatable (don't know if that's a word or not).
I don't really think anyone has the right to do that. We can't tell the future, it hasn't happened yet, it's not set in stone.
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I don't know how to tell the difference. Then again, I'm not a psychologist. There are those in the field of psychology (and, thus know more about it than I would ever be able to) who probably DO know how to tell.
But most psychologists would be against the death penalty, I'm afraid. I'm not a psychologist but I do study and read up on it a lot, and I'm pretty sure most would be against it.
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As for the time thing, it's not like they inject you or gas you as soon as you're sentenced (nor should they). There are people on death row in some states for as long as 10 years (and longer). Surely, by then, any remorse they have should have come to the surface (or at least be visible to someone that knows anything about psychology).
You're kidding me? What reason do you have to remorse when they're probably going to kill you anyway? And the average wait on death row is hardly 10 years. And how do you know it wouldn't take them 20?
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You could use the argument of "well, they might be a great mind and cure a disease", but seriously, how likely is it that a repeat felon, high school dropout that shoots 5 people in a liquor store robbery is going to be able to cure something that someone with years of training cannot?
As I said, that was an exagerrated example, but you're really stereotyping the kind of people that end up on death row. As a more realistic example, they could be people who have a change of heart and become charity workers, they could even end up SAVING someone's life instead of taking it, for all you know.