Dilbert_X
The X stands for
+1,816|6391|eXtreme to the maX

JohnG@lt wrote:

Punishment must be harsh for it to be punishment at all. Sending a criminal to a prison where he has better amenities on the inside than he had in his old life does nothing to discourage crime.
Needs to be harsh but fair to be perceived as just.
Fuck Israel
Jay
Bork! Bork! Bork!
+2,006|5643|London, England

Dilbert_X wrote:

JohnG@lt wrote:

Punishment must be harsh for it to be punishment at all. Sending a criminal to a prison where he has better amenities on the inside than he had in his old life does nothing to discourage crime.
Needs to be harsh but fair to be perceived as just.
Yes, precisely.
"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat
Spark
liquid fluoride thorium reactor
+874|6960|Canberra, AUS

JohnG@lt wrote:

Uzique wrote:

one innocent death is, indeed, too many

i think the death penalty is one of the most offensive over-hangs from the pre-rational era. we simply don't need it.

encouraging a vindictive and vengeful approach to 'justice' is nothing short of hypocritical.

you cannot structure a society with laws and case-examples and instruct: "thou shalt not kill" to then publicly execute all killers.

i know the tax-question is an independent issue but i really think that state-authorized killing is a crime against humanitarianism.
Punishment must be harsh for it to be punishment at all. Sending a criminal to a prison where he has better amenities on the inside than he had in his old life does nothing to discourage crime.
Forum bug?
The paradox is only a conflict between reality and your feeling what reality ought to be.
~ Richard Feynman
Uzique
dasein.
+2,865|6756

JohnG@lt wrote:

Dilbert_X wrote:

JohnG@lt wrote:

Punishment must be harsh for it to be punishment at all. Sending a criminal to a prison where he has better amenities on the inside than he had in his old life does nothing to discourage crime.
Needs to be harsh but fair to be perceived as just.
Yes, precisely.
so criticize the prison system or the government that provides so abundantly for the prison-population

the law and principle of killing somebody as a 'punishment' for murder (or manslaughter, mistakenly) is a bit self-defeating
libertarian benefit collector - anti-academic super-intellectual. http://mixlr.com/the-little-phrase/
Jay
Bork! Bork! Bork!
+2,006|5643|London, England

Spark wrote:

JohnG@lt wrote:

Uzique wrote:

one innocent death is, indeed, too many

i think the death penalty is one of the most offensive over-hangs from the pre-rational era. we simply don't need it.

encouraging a vindictive and vengeful approach to 'justice' is nothing short of hypocritical.

you cannot structure a society with laws and case-examples and instruct: "thou shalt not kill" to then publicly execute all killers.

i know the tax-question is an independent issue but i really think that state-authorized killing is a crime against humanitarianism.
Punishment must be harsh for it to be punishment at all. Sending a criminal to a prison where he has better amenities on the inside than he had in his old life does nothing to discourage crime.
Forum bug?
Edit - Yeah, weird.

Last edited by JohnG@lt (2010-06-21 06:59:39)

"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat
Jay
Bork! Bork! Bork!
+2,006|5643|London, England

Uzique wrote:

JohnG@lt wrote:

Dilbert_X wrote:

Needs to be harsh but fair to be perceived as just.
Yes, precisely.
so criticize the prison system or the government that provides so abundantly for the prison-population

the law and principle of killing somebody as a 'punishment' for murder (or manslaughter, mistakenly) is a bit self-defeating
Hardly. The punishment fits the crime. Punishment has to be related to the crime itself if it is to have any meaning.

If an individual was convicted of rape and was facing sentencing, which would he fear more as punishment? 20 years in prison, or a 5 hour session of being raped in the ass by one of those fucking machines every day while incarcerated for five years? Which would horrify would be criminals to the point that they think twice before committing their crime?

Punishment has to be horrific for it to be effective as a deterrent.

Last edited by JohnG@lt (2010-06-21 07:10:34)

"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat
Uzique
dasein.
+2,865|6756
it doesn't. that's such a vindictive, backwards-ass approach to 'justice'.

if anything the punishers should take some self-righteous superiority and refuse to partake in similar acts of barbarism...

... approaching justice and law-making with the old-hat 'eye-for-an-eye' rubric simply doesn't work. it creates fear in a population, when the long-arm of the state needs respect, if anything, to operate. a country and its people cannot co-exist peacefully on a basis of fear or revenge; it's not conducive to any morally or socially healthy outcomes. you should read some jurisprudence or consider the huge realm of debate that circles around the questions of law and morality. most of them dismissed the backwards-ass neo-puritan "fuck them, they're not one of us!" approach a long time ago.

the punishment has to fit the crime, and taking one's liberty is as bad a punishment as any. simply repeating and mirroring the crimes under the 'acceptable' sponsorship of state officials and 'corrective' measures isn't putting any feet forward.
libertarian benefit collector - anti-academic super-intellectual. http://mixlr.com/the-little-phrase/
pace51
Boom?
+194|5458|Markham, Ontario
The blanks in two of the guns may ease the conciousness of the executioner, but really, wouldn't that just make everybody wonder "What if my shot was the fatal shot". That wouldn't bother everyone, because some people would be proud they carried out justice, but could drive one of the executioners into a state of deep depression.

Last edited by pace51 (2010-06-21 07:28:38)

Dilbert_X
The X stands for
+1,816|6391|eXtreme to the maX
Trouble is most criminals don't really consider the punishment when they are committing a crime, and for many loss of liberty is something they barely notice - they're just swapping one environment for another.

The death penalty doesn't seem to have much impact on the murder rate in the US so I don't see the point of it.
I'd rather see murderers breaking rocks until they die.
Fuck Israel
pace51
Boom?
+194|5458|Markham, Ontario

Dilbert_X wrote:

Trouble is most criminals don't really consider the punishment when they are committing a crime, and for many loss of liberty is something they barely notice - they're just swapping one environment for another.

The death penalty doesn't seem to have much impact on the murder rate in the US so I don't see the point of it.
I'd rather see murderers breaking rocks until they die.
I think they do the death penalty to save money on jailing a criminal whose to dangerous. Really, it's just an excuse to save money on criminals.
Uzique
dasein.
+2,865|6756
i think there are retributive aspects to it as well, and that's scary - i don't agree with it, at all

if it was just pure economic considerations then they'd add the serious offenders to the working prison population

america has effectively created a new slave-trade in their prison populations: a life-sentence is a lot of profitable labour.
libertarian benefit collector - anti-academic super-intellectual. http://mixlr.com/the-little-phrase/
Jay
Bork! Bork! Bork!
+2,006|5643|London, England

Uzique wrote:

it doesn't. that's such a vindictive, backwards-ass approach to 'justice'.

if anything the punishers should take some self-righteous superiority and refuse to partake in similar acts of barbarism...

... approaching justice and law-making with the old-hat 'eye-for-an-eye' rubric simply doesn't work. it creates fear in a population, when the long-arm of the state needs respect, if anything, to operate. a country and its people cannot co-exist peacefully on a basis of fear or revenge; it's not conducive to any morally or socially healthy outcomes. you should read some jurisprudence or consider the huge realm of debate that circles around the questions of law and morality. most of them dismissed the backwards-ass neo-puritan "fuck them, they're not one of us!" approach a long time ago.

the punishment has to fit the crime, and taking one's liberty is as bad a punishment as any. simply repeating and mirroring the crimes under the 'acceptable' sponsorship of state officials and 'corrective' measures isn't putting any feet forward.
That's the entire point. Punishment for crime is supposed to act as a deterrent against future crime. If people do not fear the punishment, they are less likely to take it seriously before committing a crime. If you do not want to live in fear, do not plot a crime. It's rather simple.

You may feel that it is barbaric, but it is necessary. Since the West has become increasingly secular, we no longer have the fear of Hell that kept prior generations of would-be criminals in check. Fear is the absolute best tool that the justice system possesses as it taps into our primal selves.

Last edited by JohnG@lt (2010-06-21 07:56:42)

"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat
FatherTed
xD
+3,936|6785|so randum

pace51 wrote:

Dilbert_X wrote:

Trouble is most criminals don't really consider the punishment when they are committing a crime, and for many loss of liberty is something they barely notice - they're just swapping one environment for another.

The death penalty doesn't seem to have much impact on the murder rate in the US so I don't see the point of it.
I'd rather see murderers breaking rocks until they die.
I think they do the death penalty to save money on jailing a criminal whose to dangerous. Really, it's just an excuse to save money on criminals.
its more expensive to keep someone on death row than a lifer. and the money isnt part of it. shut up
Small hourglass island
Always raining and foggy
Use an umbrella
pace51
Boom?
+194|5458|Markham, Ontario

FatherTed wrote:

pace51 wrote:

Dilbert_X wrote:

Trouble is most criminals don't really consider the punishment when they are committing a crime, and for many loss of liberty is something they barely notice - they're just swapping one environment for another.

The death penalty doesn't seem to have much impact on the murder rate in the US so I don't see the point of it.
I'd rather see murderers breaking rocks until they die.
I think they do the death penalty to save money on jailing a criminal whose to dangerous. Really, it's just an excuse to save money on criminals.
its more expensive to keep someone on death row than a lifer. and the money isnt part of it. shut up
Therefore... What's the point of the death sentence? Other than fear?
Jay
Bork! Bork! Bork!
+2,006|5643|London, England

pace51 wrote:

FatherTed wrote:

pace51 wrote:


I think they do the death penalty to save money on jailing a criminal whose to dangerous. Really, it's just an excuse to save money on criminals.
its more expensive to keep someone on death row than a lifer. and the money isnt part of it. shut up
Therefore... What's the point of the death sentence? Other than fear?
Justice for the victim.
"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat
13urnzz
Banned
+5,830|6782

pace51 wrote:

FatherTed wrote:

pace51 wrote:


I think they do the death penalty to save money on jailing a criminal whose to dangerous. Really, it's just an excuse to save money on criminals.
its more expensive to keep someone on death row than a lifer. and the money isnt part of it. shut up
Therefore... What's the point of the death sentence? Other than fear?
do you read the threads you post in?
a man took the lives of two other men. how can he offer restitution to the families of the two men who lost their lives?
Uzique
dasein.
+2,865|6756

JohnG@lt wrote:

Uzique wrote:

it doesn't. that's such a vindictive, backwards-ass approach to 'justice'.

if anything the punishers should take some self-righteous superiority and refuse to partake in similar acts of barbarism...

... approaching justice and law-making with the old-hat 'eye-for-an-eye' rubric simply doesn't work. it creates fear in a population, when the long-arm of the state needs respect, if anything, to operate. a country and its people cannot co-exist peacefully on a basis of fear or revenge; it's not conducive to any morally or socially healthy outcomes. you should read some jurisprudence or consider the huge realm of debate that circles around the questions of law and morality. most of them dismissed the backwards-ass neo-puritan "fuck them, they're not one of us!" approach a long time ago.

the punishment has to fit the crime, and taking one's liberty is as bad a punishment as any. simply repeating and mirroring the crimes under the 'acceptable' sponsorship of state officials and 'corrective' measures isn't putting any feet forward.
That's the entire point. Punishment for crime is supposed to act as a deterrent against future crime. If people do not fear the punishment, they are less likely to take it seriously before committing a crime. If you do not want to live in fear, do not plot a crime. It's rather simple.

You may feel that it is barbaric, but it is necessary. Since the West has become increasingly secular, we no longer have the fear of Hell that kept prior generations of would-be criminals in check. Fear is the absolute best tool that the justice system possesses as it taps into our primal selves.
sorry, but i simply disagree. i do not think that 'fear' should be the glue of a respectful, cooperative and productive society.

and after 3 years of extensive case-study and jurisprudential research, i don't think that the idea of 'law as deterrent' works, either.

criminals that are compelled or determined to break a law or commit a criminal act do not 'fear' recrimination.

the death sentence essentially operates as a high-level of officiated retributive soap-opera; it prepares a stage for the victim's family to partake in watching a similarly brutal, inhumane taking of life: sure, they feel better and may have a sense of 'closure'- but there are fundamental philosophical and moralistic arguments against this so-called 'function' of the legislature/legal executive to provide a life-teleological 'closure' to crisis and personal issue/trauma. the law is there to punish and make an example - but when that crosses over into bare-hypocrisy and the punishments serve as pre-emptive measures to instill and spread 'fear', that is when the law has either become bloated, perverted or plain ideologically side-tracked. stick to the essential principles of justice, equality and liberty. leave the neo-puritan demand for the "other's" blood out of it. it is a simple perversion.

i'd be interested to argue this further with you if you could provide some case-examples or anecdotal evidence, or even a principled point founded upon precedence. im a little tired arguing rhetorically over concrete legal matters with someone that only has vague airy notions of 'justice' founded in the epistemological rather than the actual.
libertarian benefit collector - anti-academic super-intellectual. http://mixlr.com/the-little-phrase/
Jay
Bork! Bork! Bork!
+2,006|5643|London, England

Uzique wrote:

JohnG@lt wrote:

Uzique wrote:

it doesn't. that's such a vindictive, backwards-ass approach to 'justice'.

if anything the punishers should take some self-righteous superiority and refuse to partake in similar acts of barbarism...

... approaching justice and law-making with the old-hat 'eye-for-an-eye' rubric simply doesn't work. it creates fear in a population, when the long-arm of the state needs respect, if anything, to operate. a country and its people cannot co-exist peacefully on a basis of fear or revenge; it's not conducive to any morally or socially healthy outcomes. you should read some jurisprudence or consider the huge realm of debate that circles around the questions of law and morality. most of them dismissed the backwards-ass neo-puritan "fuck them, they're not one of us!" approach a long time ago.

the punishment has to fit the crime, and taking one's liberty is as bad a punishment as any. simply repeating and mirroring the crimes under the 'acceptable' sponsorship of state officials and 'corrective' measures isn't putting any feet forward.
That's the entire point. Punishment for crime is supposed to act as a deterrent against future crime. If people do not fear the punishment, they are less likely to take it seriously before committing a crime. If you do not want to live in fear, do not plot a crime. It's rather simple.

You may feel that it is barbaric, but it is necessary. Since the West has become increasingly secular, we no longer have the fear of Hell that kept prior generations of would-be criminals in check. Fear is the absolute best tool that the justice system possesses as it taps into our primal selves.
sorry, but i simply disagree. i do not think that 'fear' should be the glue of a respectful, cooperative and productive society.

and after 3 years of extensive case-study and jurisprudential research, i don't think that the idea of 'law as deterrent' works, either.

criminals that are compelled or determined to break a law or commit a criminal act do not 'fear' recrimination.

the death sentence essentially operates as a high-level of officiated retributive soap-opera; it prepares a stage for the victim's family to partake in watching a similarly brutal, inhumane taking of life: sure, they feel better and may have a sense of 'closure'- but there are fundamental philosophical and moralistic arguments against this so-called 'function' of the legislature/legal executive to provide a life-teleological 'closure' to crisis and personal issue/trauma. the law is there to punish and make an example - but when that crosses over into bare-hypocrisy and the punishments serve as pre-emptive measures to instill and spread 'fear', that is when the law has either become bloated, perverted or plain ideologically side-tracked. stick to the essential principles of justice, equality and liberty. leave the neo-puritan demand for the "other's" blood out of it. it is a simple perversion.

i'd be interested to argue this further with you if you could provide some case-examples or anecdotal evidence, or even a principled point founded upon precedence. im a little tired arguing rhetorically over concrete legal matters with someone that only has vague airy notions of 'justice' founded in the epistemological rather than the actual.
I am no lawyer, nor do I pretend to be one. I'm not about to go digging through case examples or search for anecdotal evidence beyond my own rational fear of punishment if I am caught committing a crime.

I will however, cite a piece of literature whose view on crime and punishment I agree with: http://forums.bf2s.com/viewtopic.php?pi … 8#p3110458
"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat
pace51
Boom?
+194|5458|Markham, Ontario

burnzz wrote:

pace51 wrote:

FatherTed wrote:


its more expensive to keep someone on death row than a lifer. and the money isnt part of it. shut up
Therefore... What's the point of the death sentence? Other than fear?
do you read the threads you post in?
a man took the lives of two other men. how can he offer restitution to the families of the two men who lost their lives?
Well, I still feel a death sentence is revenge, even if it's to make up for the lives he took. I'm naive, and I still believe in second chances, but you are right. However, I don't think there's anything that can make up for what he did, really. So any form of punishment should do.
Uzique
dasein.
+2,865|6756
yes, any form of punishment should do.

lets rob another innocent mother of her child because one has already strayed and injured another.

"an eye for an eye and the whole world..." starts quoting shitty idioms.
libertarian benefit collector - anti-academic super-intellectual. http://mixlr.com/the-little-phrase/
pace51
Boom?
+194|5458|Markham, Ontario

Uzique wrote:

yes, any form of punishment should do.

lets rob another innocent mother of her child because one has already strayed and injured another.

"an eye for an eye and the whole world..." starts quoting shitty idioms.
The ideal legal system is a cross between Stalin and Gandhi.
Jay
Bork! Bork! Bork!
+2,006|5643|London, England

pace51 wrote:

Uzique wrote:

yes, any form of punishment should do.

lets rob another innocent mother of her child because one has already strayed and injured another.

"an eye for an eye and the whole world..." starts quoting shitty idioms.
The ideal legal system is a cross between Stalin and Gandhi.
That is the dumbest sentence anyone has ever posted in DST.
"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat
Uzique
dasein.
+2,865|6756
the ideal domestic environment is a cross between hitler and palin

the fuck are you even talking about pace?

you come across like androoz only instead of being naive and intellectually-regressive, you're all arrogant and authoritative with your nonsense.
libertarian benefit collector - anti-academic super-intellectual. http://mixlr.com/the-little-phrase/
pace51
Boom?
+194|5458|Markham, Ontario

Uzique wrote:

the ideal domestic environment is a cross between hitler and palin

the fuck are you even talking about pace?

you come across like androoz only instead of being naive and intellectually-regressive, you're all arrogant and authoritative with your nonsense.
I'm arrogant? Ill stop talkin authoritatively, fine.
Uzique
dasein.
+2,865|6756
well, if you resent being called arrogant... back-up your crazy statements with a little bit of reasoning and development.

why exactly is the best system of law a cross between stalin (i.e. totalitarian, corrupt, absolutely despotic) and gandhi (i.e. pacifist, egalitarian, respecting of civil rights)? do you even realize how disparate their ideologies and examples are? it's like saying, to use a poorly-contrived plane metaphor: 'the ideal cruising speed is a cross between the wright brother's aircraft and a concorde'.
libertarian benefit collector - anti-academic super-intellectual. http://mixlr.com/the-little-phrase/

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