Castel, on 19 June 2012 - 09:50 PM, said:
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So basically we should invent a new system of law to determine whether someone is 100% GUARANTEED GUILTY? And we should somehow make sure that this system doesn't fall prey to the same uncertainties as the other system? Or we could just accept that those rare cases of near-certain guilt are the costs of doing business and just keep those people locked up?
Dude - are you actually thinking thru what you are saying?
I get what you are trying to establish - that no system is perfect, and therefore, we should take no action that is absolute. See? I get it.
But - if that is the case, that being certain of anybody's guilt is a rare thing...then we have no business handing out punishment, ever, except maybe fines.
If nobody can really be proven guilty (we can drop certain, or absolute, proven implies 100% accurate), what's teh point at all?
Now, let's run with no death penalty for a minute- what do we do with the Bundy types? Well, what we do now, lock em up forever. Except, we, by your standards, can't be certain they are guilty. So, we put the "maybe" guilty person away, for life...although he may be innocent.
This is where my issue with your thinking comes in - the chance of him being innocent is enough to not kill him, but not enough to let him ever leave prison. By your thinking, there are pretty good odds (or even documented cases) of the innocent being executed; there are likely even more innocent men doing full life terms.
Your morals don't let you take a life absolutely, but they let you take away as much of a life worth living as possible. That is just splitting hairs, allowing yourself some emotional loophole to feel better about yourself.
And you scoff at re-thinking the system, meaning you don't really care that much, you still accept inhumane acts, or errors, but, because it's just shy of the finalness of death...you're ok.