Death Penalty: Yea or Nay?

SLAM: debunk creationism, pseudoscience, and superstitions. Discuss logic and morality.

Moderator: Alyrium Denryle

Post Reply
User avatar
D.Turtle
Jedi Council Member
Posts: 1909
Joined: 2002-07-26 08:08am
Location: Bochum, Germany

Re: Death Penalty: Yea or Nay?

Post by D.Turtle »

Singular Intellect wrote:
D.Turtle wrote:Do we really only value the lives of people if they lead a productive life and add value to society?
I'm actually going to say yes here. When's the last time we saw any news about how depressing and sad it was for society when a known drug dealer died in a bad way?
You are not understanding my argument. Currently, I have cost the state and society a LOT more than I have productively added to the same. According to your argument, my life has therefore been a net negative and not worth anything. In fact, society would be better off if I had never lived.

Your argument could also apply to some mentally ill homeless people, some disabled people, etc. I hope that you are not of the opinion that the state would be better off killing these people as they are - and probably always will be - a net drain on society. Why make an exception for people in jail?

There are examples of people - on death row or in prison for life - who have greatly added to the cultural worth of society through books they have written, etc. There are examples of people, who themselves have no chance of ever getting out of prison, helping other prisoners get their life back on track, etc.
Doesn't the fact those imprisoned are humans give them an intrinsic value?
No more so than any other human, and as per my above military example, society is quite comfortable killing percieved threats against it and doing so in large scale.
The military of most (civilized) countries usually try to limit casualties to enemy military forces or enemy combatant, while going out of their way to protect or not kill civilians. So the military tries to only kill people who have decided that they are also willing to die for their side. I doubt that the majority of criminals on death row did their crimes with the full knowledge that if they were caught, they would be killed. Limiting the death penalty to extremely clear and heinous crimes might alleviate this somewhat. The question would then be where exactly to draw the line between life imprisonment and the death penalty.
Even if they are imprisoned for life, and can never be left out, that does not mean they are worthless. Unless you stick them in a 1m by 1m box with zero access to the world, they can still have good experiences, etc that make life worth living.
Why should convicted, dangerous individuals who meet my previously asserted criteria have any such 'right'? 'Freedom' is a 'right' almost anyone would insist must be had by all. If we're fine taking that away via imprisonment, what makes life so special? Rights are arbitrary concepts both created and provided by society, and if someone actively decides to not be a positive member of society, what possible justification is there for them to benefit from society's efforts?
I haven't followed this thread extremely closely, so I don't know what exactly your criteria are.

Your argument seems to be, that since these people can not be expected to be net positive contributors to society, and that henceforth they are a net cost to society and not worth supporting. MY argument against that is that I do not think that the net result is important, but that it is enough that people can still contribute positively to society - even if the total net result is negative.

I don't know if that last part was clear. I'll try describing it again. If we have person A who cost 20 units and produces/provides 10 units, then the net cost to society is 10 units - and in your view person A is not worth supporting. In my view, the fact that he produced/provided 10 units is enough to make him worth supporting, eventhough he was - apparently - a net cost to society.
User avatar
Singular Intellect
Jedi Council Member
Posts: 2392
Joined: 2006-09-19 03:12pm
Location: Calgary, Alberta, Canada

Re: Death Penalty: Yea or Nay?

Post by Singular Intellect »

You're confusing failed investments on part of society with ongoing useless investments.

A homeless person could be labeled as a failed investment (even then, they could be cleaning up garbage, contributing to recycling efforts, etc). A person who financially destroys themselves/their career/declared bankruptcy could be labeled as a failed investment (and yet could turn things around if motivated to do so). Such failed investments are not ongoing investments, can be changed, nor is this the status quo for individuals in society.

An imprisoned individual will cost society for as long as they live, imparting significantly more costs given we're not just giving them resources to stay alive, but additional expenditures to ensure they cannot escape into the rest of society. They in turn contribute nothing and have zero expectation to do so, for the rest of their lives.

My two previous examples (homless person, financial failure) were two temporary investments by society (schooling, loans, etc) that failed, but are not ongoing and can be rectified. The imprisoned individual on the other hand is ongoing investment for an entire lifetime and assumes no payback whatsoever.
"Now let us be clear, my friends. The fruits of our science that you receive and the many millions of benefits that justify them, are a gift. Be grateful. Or be silent." -Modified Quote
Simon_Jester
Emperor's Hand
Posts: 30165
Joined: 2009-05-23 07:29pm

Re: Death Penalty: Yea or Nay?

Post by Simon_Jester »

SI, I question your ability to measure the value of 'payback' an individual offers to the civilization they live in.

Human society cannot be measured on a purely individualist, abstracted, balance-sheet basis. That way lies the ludicrous oversimplifications of the hyper-libertarian right; it simply does not work that way. There is a tremendous amount of value that comes into, and grows out of, our interactions with one another that is fundamentally nonlinear- predictable to an extent, measurable to an extent, but not predictable or measurable easily. And dependent on a wealth of factors which it is so very easy to ignore, from the point of view of someone sitting in a comfortable armchair pontificating on the nature of human existence.

You might sit back and say "ah, well this person is consuming X units of resources per year and contributing nothing." But that judgment is made based on insufficient information- you cannot get close enough to that person to find out that they're the only thing keeping half a dozen other people sane, for instance. Conversely, you can have people who are nominally producing 2X and consuming X, which is a great deal in some absurdly simplified toy model of reality... only to realize that they are an emotional drag on everyone around them, a time-waster and a parasite, even if their personal balance sheet looks good at first glance.

So trying to gauge who deserves death and who deserves life on that basis is an incredibly bad idea.
This space dedicated to Vasily Arkhipov
User avatar
Singular Intellect
Jedi Council Member
Posts: 2392
Joined: 2006-09-19 03:12pm
Location: Calgary, Alberta, Canada

Re: Death Penalty: Yea or Nay?

Post by Singular Intellect »

Simon_Jester, your entire argument seems to be missing the obvious point that an incarcerated individual is not interacting with society like other people. They're incarcerated, seperated from society for the very reason that they are too dangerous to interact with other people and will never be released back into society (life imprisonment).

I've repeatedly stated the criteria and type of individuals whom I'm talking about, so I'd appreciate you refraining from pretending as if I'm talking about your average criminal here and not specifically talking about individuals who've shown they are immutable, undeniable threats to the safety of others in civilized society.

If they're so dangerous and unable to integrate into society to such a degree that imprisoning them for the rest of their existence is justifiable, then executing them is also justifiable.
"Now let us be clear, my friends. The fruits of our science that you receive and the many millions of benefits that justify them, are a gift. Be grateful. Or be silent." -Modified Quote
User avatar
D.Turtle
Jedi Council Member
Posts: 1909
Joined: 2002-07-26 08:08am
Location: Bochum, Germany

Re: Death Penalty: Yea or Nay?

Post by D.Turtle »

I'll just quote the part I disagree with:
Singular Intellect wrote:You're confusing failed investments on part of society with ongoing useless investments.

An imprisoned individual will cost society for as long as they live, imparting significantly more costs given we're not just giving them resources to stay alive, but additional expenditures to ensure they cannot escape into the rest of society. They in turn contribute nothing and have zero expectation to do so, for the rest of their lives.

The imprisoned individual on the other hand is ongoing investment for an entire lifetime and assumes no payback whatsoever.
Unless you stick a person into a tiny box and allow zero, absolutely zero contact with anybody else, then they can and will have effects on other people around them. Even if they are in a box and have no direct contact, they can potentially contribute to society by, for example, writing a book. If they have contact, for example with other inmates, they could potentially have positive impact on other inmates. They could have positive impacts on their jailers. They could have positive impacts through allowing scientists, historians, psychologists, etc. to understand what lead them to doing whatever they did.

There are lots of ways that people imprisoned for life could have potential positive impacts. Is it guaranteed? No. Will the majority, or even a significant minority, have such an impact? I don't know, but it is possible. And that potential is enough for me to consider the death penalty immoral.
User avatar
Big Phil
BANNED
Posts: 4555
Joined: 2004-10-15 02:18pm

Re: Death Penalty: Yea or Nay?

Post by Big Phil »

Metahive wrote:
SancheztheWhaler wrote:That's not universally true. In the USA, it is correct that death penalty cases are more expensive, but in other place, the death penalty is far more affordable.
Yes, nations like China which value the individual lives of their citizens way cheaper than the West and don't care as much if some innocent person is caught in the grinder. Is that really the yardstick you'd want to use?
Your argument wasn't "in the US, with all of its safeguards, the death penalty is too expensive." Your argument was the more generic "the death penalty is too expensive," which is incorrect.

And assuming Lord Helmet's unsourced reference is worth anything, the expense argument also falls apart.


Lord Helmet, would you mind providing a link?


Metahive wrote:
SancheztheWhaler wrote:In any case, it's a red herring as, presumably, your issue with the death penalty is moral, not economic.
No, that's not a Red Herring since I was responding to some guy who put forward the opinion that killing people is cheaper than imprisoning them.
If Lord Helmet's source turns out to be valid, and it is in fact true that life in prison is more expensive than the death penalty (even in the US), what then? Are you going to abandon your stance and support the death penalty simply because it is now cost effective? Unless your answer is yes, it's still a red herring.

Metahive wrote:
SancheztheWhaler wrote:Yes, you've already given your opinion on why the death penalty is immoral. And Lord Helmet's opinion is that the death penalty does make sense in some cases. So what exactly do you want him to do to address your opinion
:roll:

O gosh, I gave my opinion on the DP in a thread that asks people for their opinion regarding the DP, just like everyone else who has replied so far. My, what a faux pas. Also, my argument wasn't moral, it was utilitarian. Not exactly the same thing. I asked people who are pro-DP to show that its introduction has an overall net-benefit effect on society. That a tiny minority of people are just "bad" enough to justify killing them in the opinion of some people here doesn't cut it.
You said "I don't see outliers like that to be a sufficient justification to give the government the radical power to kill its citizens. IMHO to justify the DP it has to be shown to have an overall beneficial effect on society (like net-lowered crimerates etc.), just like any other governmental actions."

So you're arguing one opinion versus another opinion. Yours is just as valid as his, and neither is superior to the other. So unless you know of a way to prove that your utilitarian argument is superior to his utilitarian argument (and since they're both opinions on the relative merits of criminals), your demand that he address your argument is kind of silly. You can disagree, but there's no way to PROVE that one of you is right and the other wrong, since the subject matter is entirely subjective.
In Brazil they say that Pele was the best, but Garrincha was better
User avatar
Bakustra
Sith Devotee
Posts: 2822
Joined: 2005-05-12 07:56pm
Location: Neptune Violon Tide!

Re: Death Penalty: Yea or Nay?

Post by Bakustra »

Something that's struck me while reading this argument is that if somebody compulsively attacks and kills other prisoners as in the hypothetical scenarios used to justify the death penalty, it seems that prison is probably less the ideal place for them than a mental institution. After all, the chief requirement to successfully plead not guilty by reason of insanity is to show that the defendant was incapable of determining the wrongness of his or her action, which our hypothetical Michael Myers certainly fits under. In terms of benefit to society, studying this condition and determining whether it can be treated chemically or through psychotherapy would be far greater than a gleeful walk to the electric chair.
Invited by the new age, the elegant Sailor Neptune!
I mean, how often am I to enter a game of riddles with the author, where they challenge me with some strange and confusing and distracting device, and I'm supposed to unravel it and go "I SEE WHAT YOU DID THERE" and take great personal satisfaction and pride in our mutual cleverness?
- The Handle, from the TVTropes Forums
User avatar
K. A. Pital
Glamorous Commie
Posts: 20813
Joined: 2003-02-26 11:39am
Location: Elysium

Re: Death Penalty: Yea or Nay?

Post by K. A. Pital »

People also behave differently in prison. Prison is an extremely violent institution, more often than not, especially in the USA, and so prison murders might not be related to any forms of insanity. Which would naturally disallow putting perfectly sane, but violent people into asylums.
Lì ci sono chiese, macerie, moschee e questure, lì frontiere, prezzi inaccessibile e freddure
Lì paludi, minacce, cecchini coi fucili, documenti, file notturne e clandestini
Qui incontri, lotte, passi sincronizzati, colori, capannelli non autorizzati,
Uccelli migratori, reti, informazioni, piazze di Tutti i like pazze di passioni...

...La tranquillità è importante ma la libertà è tutto!
Assalti Frontali
User avatar
Bakustra
Sith Devotee
Posts: 2822
Joined: 2005-05-12 07:56pm
Location: Neptune Violon Tide!

Re: Death Penalty: Yea or Nay?

Post by Bakustra »

Stas Bush wrote:People also behave differently in prison. Prison is an extremely violent institution, more often than not, especially in the USA, and so prison murders might not be related to any forms of insanity. Which would naturally disallow putting perfectly sane, but violent people into asylums.
That's not what I'm talking about. People suggested a hypothetical individual that compulsively murdered other people while imprisoned and could not be resocialized into stopping as an argument for the death penalty being equivalent to life imprisonment. Yes, prison killings are not necessarily related to mental instability, but there is a difference between killing someone in a fight and compulsively murdering. The one could be addressed by restructuring prisons and the way prisoners are treated, the other is only potentially addressable through psychology and psychiatry.
Invited by the new age, the elegant Sailor Neptune!
I mean, how often am I to enter a game of riddles with the author, where they challenge me with some strange and confusing and distracting device, and I'm supposed to unravel it and go "I SEE WHAT YOU DID THERE" and take great personal satisfaction and pride in our mutual cleverness?
- The Handle, from the TVTropes Forums
User avatar
K. A. Pital
Glamorous Commie
Posts: 20813
Joined: 2003-02-26 11:39am
Location: Elysium

Re: Death Penalty: Yea or Nay?

Post by K. A. Pital »

Well, technically even one violent kill commited by the accused murderer in prison is levelling his life's worth to zero. If he kills more than one person while in prison, it is clear that his death would constitute positive utility, if it prevented said murders.

So as long as you cannot get rid of prison murders, the possibility of death penalty having a real utilitarian benefit in sheer number of dead (one dead person as opposed to many dead people).

And getting rid of prison murders is extremely hard. You cannot confine all recidivists to solitary confinement, that would be too expensive and would also cause some fraction of them to experience mental changes (solitary confinement does not do wonders to a persons mind). Dangerous changes, because some recidivists get released in amnesties and such (which should never happen, but it does).

Treating all of them like psychos is obviously out of the question.
Lì ci sono chiese, macerie, moschee e questure, lì frontiere, prezzi inaccessibile e freddure
Lì paludi, minacce, cecchini coi fucili, documenti, file notturne e clandestini
Qui incontri, lotte, passi sincronizzati, colori, capannelli non autorizzati,
Uccelli migratori, reti, informazioni, piazze di Tutti i like pazze di passioni...

...La tranquillità è importante ma la libertà è tutto!
Assalti Frontali
User avatar
Bakustra
Sith Devotee
Posts: 2822
Joined: 2005-05-12 07:56pm
Location: Neptune Violon Tide!

Re: Death Penalty: Yea or Nay?

Post by Bakustra »

I'm not talking about prison murderers in general, but the specific hypothetical scenario of a convicted murderer who starts re-enacting slasher films in the prisons and is incapable of being socialized to avoid said behavior that was proposed. That is a genuine psychological mystery that ought to be studied and investigated rather than simply sending this meta-Leatherface to face a firing squad.
Invited by the new age, the elegant Sailor Neptune!
I mean, how often am I to enter a game of riddles with the author, where they challenge me with some strange and confusing and distracting device, and I'm supposed to unravel it and go "I SEE WHAT YOU DID THERE" and take great personal satisfaction and pride in our mutual cleverness?
- The Handle, from the TVTropes Forums
User avatar
K. A. Pital
Glamorous Commie
Posts: 20813
Joined: 2003-02-26 11:39am
Location: Elysium

Re: Death Penalty: Yea or Nay?

Post by K. A. Pital »

Oh, in this case I agree. If a convicted murderer turns into psycho killer, he should be locked up in the madhouse. But then again, how many lives should one lose before it becomes clear we are dealing with a serial prison killer psychopath, as opposed to just a violent idiot with a sharp object?
Lì ci sono chiese, macerie, moschee e questure, lì frontiere, prezzi inaccessibile e freddure
Lì paludi, minacce, cecchini coi fucili, documenti, file notturne e clandestini
Qui incontri, lotte, passi sincronizzati, colori, capannelli non autorizzati,
Uccelli migratori, reti, informazioni, piazze di Tutti i like pazze di passioni...

...La tranquillità è importante ma la libertà è tutto!
Assalti Frontali
User avatar
madd0ct0r
Sith Acolyte
Posts: 6259
Joined: 2008-03-14 07:47am

Re: Death Penalty: Yea or Nay?

Post by madd0ct0r »

1 kill in prison?
"Aid, trade, green technology and peace." - Hans Rosling.
"Welcome to SDN, where we can't see the forest because walking into trees repeatedly feels good, bro." - Mr Coffee
Simon_Jester
Emperor's Hand
Posts: 30165
Joined: 2009-05-23 07:29pm

Re: Death Penalty: Yea or Nay?

Post by Simon_Jester »

Wouldn't it depend on circumstances, too?

Given that prison is such a violent environment, I can easily see self-defense coming up- especially since it's possible to accidentally kill someone even in unarmed combat, if you push them into a wall hard enough (to take an example). Unlikely, but possible.

But yes, this can be taken into account; I just want to mention it and make sure it's on people's minds.
This space dedicated to Vasily Arkhipov
User avatar
SCRawl
Has a bad feeling about this.
Posts: 4191
Joined: 2002-12-24 03:11pm
Location: Burlington, Canada

Re: Death Penalty: Yea or Nay?

Post by SCRawl »

Useless posts split out.
73% of all statistics are made up, including this one.

I'm waiting as fast as I can.
User avatar
lordofchange13
Jedi Knight
Posts: 838
Joined: 2010-08-01 07:54pm
Location: Kandrakar, the center of the universe and the heart of infinity

Re: Death Penalty: Yea or Nay?

Post by lordofchange13 »

the Death penalty is a extremely wrong to be used as a punishment. death is a release, mental torture is the way to go.
"There is no such thing as coincidence in this world - there is only inevitability"
"I consider the Laws of Thermodynamics a loose guideline at best!"
"Set Flamethrowers to... light electrocution"
It's not enough to bash in heads, you also have to bash in minds.
Tired is the Roman wielding the Aquila.
User avatar
madd0ct0r
Sith Acolyte
Posts: 6259
Joined: 2008-03-14 07:47am

Re: Death Penalty: Yea or Nay?

Post by madd0ct0r »

oh jesus christ.

so the only role of justice is to met out equivalent or worse pain as 'punishment' ?

why? petty revenge, deterrent or what?
"Aid, trade, green technology and peace." - Hans Rosling.
"Welcome to SDN, where we can't see the forest because walking into trees repeatedly feels good, bro." - Mr Coffee
User avatar
Molyneux
Emperor's Hand
Posts: 7186
Joined: 2005-03-04 08:47am
Location: Long Island

Re: Death Penalty: Yea or Nay?

Post by Molyneux »

lordofchange13 wrote:the Death penalty is a extremely wrong to be used as a punishment. death is a release, mental torture is the way to go.
What the fuck are you smoking?
We have laws against cruel and unusual punishment for a reason. The primary purpose of incarceration is supposed to be rehabilitation - with things like life imprisonment or the death penalty reserved for the most heinous crimes, for which reentry into society is not expected to ever be possible.

Where the hell does "mental torture" come into that as in any way appropriate?
Ceci n'est pas une signature.
Samuel
Sith Marauder
Posts: 4750
Joined: 2008-10-23 11:36am

Re: Death Penalty: Yea or Nay?

Post by Samuel »

The primary purpose of incarceration is supposed to be rehabilitation
Technically prisons main purpose is to be a deterent and keep prisoners seperate from society. Rehabilitation is the goal for prisoners who will be released. That applies to most prisoners... except the people who get the death penalty are generally the people who would be locked up for life.
User avatar
Thanas
Magister
Magister
Posts: 30779
Joined: 2004-06-26 07:49pm

Re: Death Penalty: Yea or Nay?

Post by Thanas »

Samuel wrote:
The primary purpose of incarceration is supposed to be rehabilitation
Technically prisons main purpose is to be a deterent and keep prisoners seperate from society. Rehabilitation is the goal for prisoners who will be released.
Technically, it depends on the nation and on the state. Some have indeed rehabilitations as the first objectives, others deterrent etc.....
Whoever says "education does not matter" can try ignorance
------------
A decision must be made in the life of every nation at the very moment when the grasp of the enemy is at its throat. Then, it seems that the only way to survive is to use the means of the enemy, to rest survival upon what is expedient, to look the other way. Well, the answer to that is 'survival as what'? A country isn't a rock. It's not an extension of one's self. It's what it stands for. It's what it stands for when standing for something is the most difficult! - Chief Judge Haywood
------------
My LPs
User avatar
wautd
Emperor's Hand
Posts: 7588
Joined: 2004-02-11 10:11am
Location: Intensive care

Re: Death Penalty: Yea or Nay?

Post by wautd »

Molyneux wrote:I'm interested in seeing the opinion of other boardmembers on the idea of a criminal death penalty option.
Yea, on principle that there are crimes were some people just don't deserve the right to live anymore. Only when there is absolutely no doubt weather someone is guilty mind you, so I doesn't fly for countries were justice is a joke.
MacShimi
Redshirt
Posts: 8
Joined: 2010-12-14 03:43am

Re: Death Penalty: Yea or Nay?

Post by MacShimi »

I have a few thoughts based upon some principals originally defined by L.E. Modesitt Jr.

---

First, the principals:

Society is based on morality.

Morality rests on consensus and requires the use of power to remove those who will not accept that consensus.

The continued existence of a shared morality rests upon the forbearance of every single individual within a society from claiming the whole fruit of his or her labour.

A society’s ability to achieve consensus is inversely proportional to the size and complexity of society, to the degree of technological advancement, and to the speed of internal communications.

Power cannot be maintained and effectively exercised, without a moral structure accepted and practiced by all, because power attracts the corruptible, and corruption destroys consensus.

Certain individuals are born incapable of forbearance; so are certain cultures.

Thus the continuation of society rests on: the willingness of each individual to accept the shared values of the society, the willingness and the ability of those in power to remove those who do not support the morality of the society; and the willingness of all to limit the size and complexity of the society to the scope of the consensus required.

---

The Death Penalty is a means for permanently removing a person who is unwilling to conform to the consensus moral strictures of a society, and will actively endanger individuals or groups within that society, if allowed to be a part of it. The Marquis of Halifax remarked that “Men are not hanged for stealing horses, but that horses may not be stolen.” To be clear here, I'm not advocating the death penalty for stealing horses, I'd reserve it for crimes where a person deliberately and with malice aforethought inflicts needless pain, suffering, violence on another person, or indeed, kills another person. That's my definition of a crime of the sort that means a person is too dangerous to be allowed to be a part of human society.

Deterrence is in fact the principal use of the death penalty, even if that only prevents the person found guilty from performing any additional felonies by killing them. There are some criminals who can be reformed, but equally there are others who will never chose to be reformed. It is not society's duty to endure those who have made it plain that they reject society, and will work to destroy it. Nor is it our place to eject those people from our own country and thus society for someone else, another country, to deal with. If we truly judge that a person is completely beyond redemption, that they will pose a clear and present danger to other people for the rest of their lives, or indeed that they are so dangerous now that the risk to other members of our society is too high, then those criminals should be killed. Quickly, as painlessly as possible and with as much dignity as we can afford them. Torturing them by keeping them in prison is unfair, to them in that it prevents them from the enjoyment of their vicious crimes, and to us that we must pay for a person to be kept in prison whom we know won't change.

I firmly and completely reject any notion that evil does not exist. It's measurable, tangible and real. Pretending that it doesn't, that the person is just 'sick' and needs to be treated is a delusion. Some people are evil. They delight in the suffering of others, and will never, ever stop. It's been my own misfortune to know a small number of these people in my life. I don't want revenge by proxy. What I want is for evil humans to be given the same treatment as a rabid dog: a quick, and hopefully painless death; in order to protect the lives of all.
“The fact that a believer is happier than a sceptic is no more to the point than the fact than a drunken man is happier than a sober one. The happiness of credulity is a cheap and dangerous quality.”
--George Bernard Shaw
User avatar
Formless
Sith Marauder
Posts: 4143
Joined: 2008-11-10 08:59pm
Location: the beginning and end of the Present

Re: Death Penalty: Yea or Nay?

Post by Formless »

MacShimi wrote:Society is based on morality.
More fundamentally, its based on people who require morality to live meaningful, productive, enjoyable, satisfying lives. This is a subtle distinction, but when you start to think about the implications it has on morality and the death penalty you must realize its importance. Morality serves us: we do not serve morality.

Think about a death cult-- real life examples include the infamous Jim Jones cult that gave us the term "drinking the kool aid" or Aum Shinrikyo who had the brilliant idea that the apocalypse just wasn't coming soon enough without an active intervention in the form of a nerve gas attack in a Japanese subway station. Death cults count as a form of society, do they not? And within these cults there is moral belief in the necessity of killing themselves and possible everyone unfortunate enough to be within their sights. And yet who the fuck thinks a death cult is a morally justified society? The morals of such cults are at odds with the needs of their members. Do you think this is a good situation?
Morality rests on consensus and requires the use of power to remove those who will not accept that consensus.
This I cannot agree to either in whole or in part. Morality is based on reason and the needs of living beings; the use of power is only necessary in times where someone's moral beliefs (or effective lack of them in action) cause harmful conflicts. If it were otherwise, there could be no debating morals with anyone-- it wouldn't matter that some people are more knowledgeable, it wouldn't matter that most people are swayed by irrational factors such as appeals to authority or religious fiat (just as much a problem if you are religious as not!), if you disagree with the majority you are wrong. This kind of thinking is so common and so wrong that it is one of the classic named fallacies-- Appeal to Popularity.

Say you've got a society of Nazis as the majority and a very small minority of Jews who the Nazi majority wants to exterminate. Does the fact that there is consensus among the majority mean the Jewish minority needs to die? Put it another way, would the deaths of the Jewish minority really satisfy the needs of the psychopathic Nazi majority? Or is their very desire to see an arbitrarily chosen minority die itself an evil that should neither be entertained nor encouraged?

I'm no moral relativist, but if there is one thing it shows its that the idea of a morality based solely on social norms formed in the absence of reason is intellectually bankrupt.

As for the second statement, its not only wrong but downright motherfucking dangerous. We need to forcibly remove members of society who disagree with the majority view of morality? What the fuck? For starters, in modern western society this would actively conflict with one of the very morals we have consensus on-- freedom of thought/speech. In fact, we can rationally show that freedom of thought/speech is necessary before morality can be considered because it is necessary in order to have any sort of intellectual discourse. There is a portion of our society that believes teaching the facts of science-- evolution and cosmology specifically-- is evil. But these are simply the facts-- if you aren't even allowed to know what they are how the hell can one say that knowing them is evil? You don't know what they are! Its self evidently absurd. Honesty must be protected, including the ability to say honestly "I find your morals disgusting, and your ideas laughable at best". Otherwise, societies will tend to drift towards value systems that are arbitrary and even against their own best interests; read 1984 sometime. Not only can the majority bully people into believing things that screw them, they can set up society such that the members thereof will never learn the difference.

Lastly, even if we were to grant the necessity of forming moral consensus, there is no reason to assume the only way to achieve it is through forcibly removing members from society. There is education; there is rehabilitation; there is negotiation; there is compromise; there is intellectual discourse; there are so many ways to establish consensus that don't require the ruling majority to be a bunch of brutish pricks with clubs that I think it says something about the person who asserts they must. Vice, though it hath no tongue, speaks with the most miraculous organ.
The continued existence of a shared morality rests upon the forbearance of every single individual within a society from claiming the whole fruit of his or her labour.
Wait, what? Why? Why should people be deprived of the right to claim ownership of what they worked to create, and why would we expect people to accept this notion even if it is the case?

This sci-fi author sounds like he likes to talk out of his ass a lot.
A society’s ability to achieve consensus is inversely proportional to the size and complexity of society, to the degree of technological advancement, and to the speed of internal communications.
I'm just going to assume this means he knows his ethics are infeasible when applied to real life.
Power cannot be maintained and effectively exercised, without a moral structure accepted and practiced by all, because power attracts the corruptible, and corruption destroys consensus.
Demonstrably false, look around you. Power comes from the barrel of a gun, not from the consensus of the people. The people can give the cops shit, and the cops will throw them in jail. The people can riot and the tear gas comes out. The people can bring guns and the military comes out with even bigger guns. The corruptible have many obvious flaws, but the inability to hold power is not one of them.
Certain individuals are born incapable of forbearance; so are certain cultures.
I will again take this as evidence that this guy knows his ethics are infeasible in real life. Assuming of course that this isn't intended to have racist or bigoted sentiments, as it easily could.
Thus the continuation of society The Status Quo rests on: the willingness of each individual to accept the shared values of the society conform to the values of the loudest majority, the willingness and the ability of those in power to remove oppress those who do not support the morality of the society loudest majority; and the willingness of all to limit the size and complexity of the society to the scope of the consensus required suppress their humanity and give up on building civilization.
You might be wondering about that last part. Unfortunately, humans don't abide by a "keep social interactions to a minimum complexity" rule. You don't even have to take a class in sociology to realize this. Just think back to the last family gathering you ever had, or party you attended, or any social interaction involving more than two people ever.

Also, once again this is infeasible in real life because our modern technological society requires cooperation on a vast scale. Do you realize how vast the mere physical infrastructures of a modern society are? Where your electricity, water, and food come from? Hundreds to thousands of miles away. Even before taking into consideration other things such as maintaining a stable economy or dealing with (un)natural disasters, that alone moves the scale of society into one that cannot achieve such uniformity as asked for by these premises.

Thus, as these premises fail so too must any argument predicated on them.
The Death Penalty is a means for permanently removing a person who is unwilling to conform to the consensus moral strictures of a society, and will actively endanger individuals or groups within that society, if allowed to be a part of it. The Marquis of Halifax remarked that “Men are not hanged for stealing horses, but that horses may not be stolen.” To be clear here, I'm not advocating the death penalty for stealing horses, I'd reserve it for crimes where a person deliberately and with malice aforethought inflicts needless pain, suffering, violence on another person, or indeed, kills another person. That's my definition of a crime of the sort that means a person is too dangerous to be allowed to be a part of human society.
That's great, but if you don't mind I will just point out that you've drawn an arbitrary line in the sand without justifying it at all. It doesn't even flow from your premises, which are as I've shown bullshit.
Deterrence is in fact the principal use of the death penalty, even if that only prevents the person found guilty from performing any additional felonies by killing them.
Deterrence is based on a childish understanding of human psychology and motivation. Indeed, if you look at how children respond to punishment you may see the problem: oftentimes all you are teaching the child is that you are only in trouble if you get caught. There are many other problems, but I will just say that the fact that the US has one of the largest prison populations in the first world shows how overrated deterrence is.
There are some criminals who can be reformed, but equally there are others who will never chose to be reformed.
How do you decide who will and will not be reformed? Do you just declare a priori that anyone who has committed a crime of severity X could not possible be reformed? I dispute the validity of any such logic. Once they are dead you can never falsify the claim.
I firmly and completely reject any notion that evil does not exist. It's measurable, tangible and real.
No one here ever denied this fact. What is at stake is whether or not the death penalty is an effective way of fighting evil, or even whether or not it is evil itself.
"Still, I would love to see human beings, and their constituent organ systems, trivialized and commercialized to the same extent as damn iPods and other crappy consumer products. It would be absolutely horrific, yet so wonderful." — Shroom Man 777
"To Err is Human; to Arrr is Pirate." — Skallagrim
“I would suggest "Schmuckulating", which is what Futurists do and, by extension, what they are." — Commenter "Rayneau"
The Magic Eight Ball Conspiracy.
User avatar
wautd
Emperor's Hand
Posts: 7588
Joined: 2004-02-11 10:11am
Location: Intensive care

Re: Death Penalty: Yea or Nay?

Post by wautd »

wautd wrote:
Molyneux wrote:I'm interested in seeing the opinion of other boardmembers on the idea of a criminal death penalty option.
Yea, on principle that there are crimes were some people just don't deserve the right to live anymore. Only when there is absolutely no doubt weather someone is guilty mind you.

Molyneux (or death penalty opponents in general), does your view also include war criminals? (maybe you mention at a later time but I havn't followed the whole tread).
Because I'd find that monsters like Radko Mladic should be hanged for sure.
User avatar
Alyrium Denryle
Minister of Sin
Posts: 22224
Joined: 2002-07-11 08:34pm
Location: The Deep Desert
Contact:

Re: Death Penalty: Yea or Nay?

Post by Alyrium Denryle »

I know Formless has it covered, but Formless and myself tend to disagree, so I will throw my own hat in.
Society is based on morality.
No, not really. Societies are based upon the psychological and ecological needs of a social species. Morality is an adaptation which allows a social species with a given level of complexities in its social interactions to form groups of a large size. There is a real distinction here. Any social species has within it a fundamental conflict. Cooperation benefits others within a group, but bears a cost to the individual asked to cooperate in a given instance.
Morality rests on consensus and requires the use of power to remove those who will not accept that consensus.
No, Law rests upon consensus. Morality is a hard-wired set of emotional drives which hinge upon second and third order theory of mind (known as empathy). From it come derived concepts such as justice, fairness, and other moral principles which are then systematized by philosophers into systems of ethics, which are then weighed through stake-holder input for given policies, a consensus is formed in some way, and in advanced societies those policies are codified into law.
The continued existence of a shared morality rests upon the forbearance of every single individual within a society from claiming the whole fruit of his or her labour.
No, society itself requires that. This function--preventing individuals from acting in a completely self-interested manner--is what morality actually does. Morality evolved via multi-level selection. In any social group, there is the conflict I mentioned above. Say there are ten people working in a field. If they cooperate, they get more food than if they work individually, but the payoff is averaged out, so a person who shirks their work still gets the payout, and thus natural selection should--because it is blind to the future--select for work shirking and destabilize cooperation. However, that assumes the others cannot detect shirking. Someone shirking lowers the fitness of the cooperators, and they are subject to selection to punish the one who shirks, lowing his fitness and making the shirking trait deleterious under conditions where the benefit of shirking is outwieghed by the potential cost. Concepts such as fairness and justice are the means by which individuals within a group are motivated to punish the one who shirks.
Certain individuals are born incapable of forbearance; so are certain cultures.
Only in the case of sociopathy and if there is damage to the frontal cortex. Most crime is the result of socio-economic factors or opportunity to increase one's reproductive success without significant threat of punishment. Where is crime highest? Where situations are desperate. Where the opportunity for legitimate employment is low, where life expectancy is low, and where the benefits of engaging in socially destructive behavior are high. A person in some poor inner city areas has a 50% chance of reaching the age of 20 (Black males in inner city detroit IIRC). Their ability to gather the resources to attract a mate before they die is low, so they engage in risky behavior, namely crime. Said crime increases the amount of resources they have available, and increases their social status, thus permitting them a greater opportunity to attract a mate.

Rape is another example. It is a fringe reproductive strategy. I am ignoring pathological serial rape, as that is probably the result of organic brain problems, but with something like 1/4th of women being raped in their lives... well... somewhere around that proportion of men (you do have to account for one guy raping multiple women) are rapists. How do you explain that? Well, the chance of being caught is low, and the chance of a pregnancy one does not have to take responsibility for is high (women are more likely to ovulate if raped.... there are reasons for this I can go into, but I REALLY dont want to because it makes me sick to my stomach). So, males will supplement their existing reproductive success with a sort of "wild card" offspring. This of course has a lot of fun implications, I will let you figure out what they could be. Hell, rape is usually committed by males who already have better than average reproductive success. Of course, war-time rape is a bit different, because of the high chance of death happening very soon, it makes mating a bit more urgent and males tend not to worry about female mate choice... And yes, it is the same with Americans. 10% (reported)rape rape for women serving in Iraq. Per Year. Some 30% chance over the course of the average time female servicemembers are in Iraq, once low report rates are accounted for of course.

Of course, no one sits around thinks about their fitness, but this is all mediated through emotional and psychological states like stress, guilt, fear etc etc, and then after the fact topped off with a healthy dose of rationalization to reduce the vast quantities of cognitive dissonance generated by doing things you know are wrong.
Thus the continuation of society rests on: the willingness of each individual to accept the shared values of the society, the willingness and the ability of those in power to remove those who do not support the morality of the society; and the willingness of all to limit the size and complexity of the society to the scope of the consensus required.
Accepting those shared values and acting on them 100% of the time are two entirely different things. Most people who murder do so under periods of extreme emotional distress or economic desperation. They do not fail to accept that murder is wrong. Parts of their brain OTHER than their frontal cortex just weigh heavier in the calculation performed by the brain.

There are ways other than removal of persons to deal with this. Reduce the circumstances that lead to the actions which are prohibited (for example, reducing access to weapons, social safety nets to lift people out of poverty, not going to war....), you can also rehabilitate those who get stuck in a cycle of poverty and crime by providing an education and job training, even therapy.
Deterrence is in fact the principal use of the death penalty, even if that only prevents the person found guilty from performing any additional felonies by killing them.
Life imprisonment will do that just as well, and there is no empirical support for the death penalty deterring crime in the population. Why?
There are some criminals who can be reformed, but equally there are others who will never chose to be reformed.
It is so funny how you think libertarian free will actually exists. It is cute, even. Yes. Some people are broken inside (for example, poverty increases corticosteroids which causes the degeneration of neurons in the frontal cortex, combine this with someone who has lived a violent life and suffered blows to the head and you have someone who is prone to violence), but is it really fair to kill them? No one rationally chooses to be Evil(tm). Acts we consider evil are thrust upon them by the very society we create, which then punishes them for being exactly what they are made. Perhaps throwing them away is itself evil.
Quickly, as painlessly as possible and with as much dignity as we can afford them. Torturing them by keeping them in prison is unfair, to them in that it prevents them from the enjoyment of their vicious crimes, and to us that we must pay for a person to be kept in prison whom we know won't change.
Only people with clinical sociopathy enjoy their crimes and relish them. The rest... not so much. Moreover, good evidence (such as the reason the state of Illinois recently got rid of their death penalty after a long moratorium), that some 50% of death row inmates are actually innocent. How does killing them quickly and denying them legal appeals benefit anyone?
I firmly and completely reject any notion that evil does not exist. It's measurable, tangible and real.
Prove it bitch. Prove that metaphysical evil exists, rather than simply acts we define as evil (for good reason).
GALE Force Biological Agent/
BOTM/Great Dolphin Conspiracy/
Entomology and Evolutionary Biology Subdirector:SD.net Dept. of Biological Sciences


There is Grandeur in the View of Life; it fills me with a Deep Wonder, and Intense Cynicism.

Factio republicanum delenda est
Post Reply