Lots of good stuff in your post...
What would be an acceptable rate of the state killing innocent people if we presuppose that there will always be errors in any system?shoestring wrote: The short version of this is I’m actually sympathetic to the argument of the state being too incompetent to administer the penalty, and that’s pretty much the only argument I’m sympathetic to, because while some cases are bungled, there have also been specific cases where there was so much proof that the person so accused was guilty of what they were charged with that they clearly earned the penalty by the law of the land.
I would say that a certain level of incompetence is an inherent quality of any government action. Harry Browne put it this way: "If it ever looks like a government is competent because it wins a war, consider that the war was essentially a disagreement between two governments, and they couldn't both lose."The argument we should take the death penalty away because the system that enforces it is broken is a flawed one because it implicitly assumes that it’s acceptable to have a flawed judicial system so long as we don’t give that system significant power. That’s no way to run a railroad. It is “Band aid on a broken arm “ thinking because we want to treat the symptom (cases improperly resolved) rather than the disease (incompetent courts).
That's really one of the basic points I was getting at.Consider this: death penalty cases are our most highly scrutinized cases, and if the system is screwing these up, what else are we getting wrong?
Isn't an emotional aversion to killing a sign of civilization?Tacitly it seems most people who tell me they oppose the penalty actually agree it’s best to have confidence in our courts although they are flawed, so I see an inconsistency I can only chalk up to an emotional aversion to killing.
Maybe it's just a matter of priorities where we say "Let's get the government to stop killing people in the name of justice, and then we can talk about filling the potholes and delivering the mail on time."For the record I am not meaning to imply the courts do a good job, rather that if you’re against the state administering the death penalty at all regardless of circumstances it seems to me the logical implications of that stance are so much bigger than this one issue that it seems rather misdirected to be putting effort into reforming something you don’t buy into in the first place, it’s like a Christian suggesting passages of the Koran be reinterpreted.
What if we said that the control we are going to put into place here is that we aren't going to allow the government to kill people, and that way we will know that no innocent people will be accidentally swept up in an irreversible sanction?Now I realize that everything humans do gets fucked up at some point, and badly, very badly, and it usually results in utter tragedy. I understand that humans are very risk adverse and we tend to install some controls to mitigate these problems.
If the state stopped killing people as a penalty for certain crimes, I don't think that it would necessarily lead to more problems, especially considering that most criminal defendants would never be subject to the death penalty in the first place.Universally hedging against using a tool, practice or behavior which is inappropriate for the sake of eliminating these outlying events always creates more problems and costs than allowing the thing to happen within parameters while accepting that the controls you create are just going to fail sometimes.
That's part of my point as well. These people are not as capable as you imagine. Look at Congress.Bear in mind we entrust these systems and proceedings to the persons of exceptional qualifications, means and temporal power. The legal profession wields power over us like no other, this one body of people creates most of the rules as our legislators and interprets them as our judges, and the executives who enforce them (POTUS for example) are most often attorneys.
I think that this would take the form of actions like suspending the death penalty until some of the kinks can be worked out of the system or perhaps we decide that there are too many kinks to continue allowing the state to kill certain people.Surely there are reasonable people who can make learned decisions in other fields and professions who could be brought in to serve as judicial officials to help mitigate this problem.
I'm really kind of going in the other direction and asking the bigger question of whether we trust the state to decide who is going to be subject to ritualistic killing for certain crimes. I would just say that as a society it might make sense to say that the state shouldn't be in the business of killing people, regardless of the circumstances, especially when we have all of these expensive prisons to warehouse our criminals.But notice how this is a big issue with far reaching societal implications well beyond the death penalty, which is why no one wants to frame the argument this way. It’s far easier cognitively to debate minutiae which is ultimately what the death penalty is.
The death penalty has little deterrent effect because most people committing capital crimes are not conducting a risk/benefit analysis before they act.I rather think the US already has an ideal system for it. If you believe in the death penalty and find the risk of living somewhere that has it to be acceptable, you may live somewhere that has it, and if you wish to avoid it, live elsewhere, and those who are most at risk of suffering the penalty can simply commit crimes and murders in states which do not have it. This largely mitigates the perceived risk.
As far as the risk of living somewhere that has the death penalty, I don't perceive it to be a risk to me personally, I just don't like the idea of the government killing people in light of the fact that I know how sloppy anything the government does will always be. Sloppiness is an inherent quality of any government action. That's what happens in virtually any sphere when there is no competitive pressure to fuel improvement and quality.