this post was submitted on 13 Feb 2024
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I think the problem is defining "100% certain" in law. People are only supposed to be found guilty when it's beyond all reasonable doubt that they did it. So how do you make a distinction between that and what would warrant the death penalty?
I'm not petitioning for the introduction of capital punishment mind you, even if I do believe there are cut and dry cases where society would benefit from just ending the person's life and move on. Breivik is still making noise in the media as he feels isolated and lonely in his prison cell, pointlessly tearing up old wounds for many reading the news and causing debates.
If someone is arrested while committing the crime, they admit to doing it, and you can find dozens of evidence supporting it, that's as close to 100% certain you can get without going "uhm actually" about the phrase "100% certainty".
That line would be left to society to decide. Murdering 77 children, being in charge of a nazi death camp, christchurch mosque shooting, etc... would be some examples.
Again, I will reiterate, I do not believe capital punishment should be introduced just to accommodate crimes like those, even if I believe such actions would perfectly warrant such punishment.
That's the thing though, I know exactly what you mean but how do you write that down in a way that ensures that it's only used in those circumstances. The only alternative I can think of is leaving it up to the judges, which would get around the issue if the definition but would probably result in public pressure to use it in circumstances where someone is convicted of a crime which causes a lot of emotional response from the general public. I'm with you in that there are definitely cases where it's a waste of time to keep them alive, but I thing the implementation is impossible.
Sounds like we more or less completely agree then