Swinglowandslow
Well-known member
There’s also.a fairly long and terrible catalogue of miscarriages of justice that have had to be corrected later, and I don’t think we’ll ever eliminate that possibility entirely. Given this fact, then if you’re in favour the death penalty, you’re in favour of (or at least happy to accept) the state sometimes killing innocent people.
Yes, that reads like good reasoning, but imho it is predicated on a system of punishment for murder, where the penalty is fixed. As seems the basis each time this question arises.
The system could be different. The penalty for murder could be variable at the discretion of the Judge.
B B knows , as I do, that the Judge has a lot more knowledge of the case than comes out in Court. If he had the slightest doubt, on fact or procedure, he would give a prison sentence, if it were available to him.
But we also know there are slam dunk cases, ( Southport) where such persons should be eliminated, not only because of the heinous nature of what they did, but to eliminate the possibility of their future ability to commit murder ( when some Burke says they are cured and fit to resume life in society).
I’m reasonably confident that in the cases where those executed were not guilty, then if the above system were in place , they would not have been sentenced as they were.
I have always been perplexed asto why the sentence for murder has to be fixed. Both in fact, and also when the pros and cons in “ the hanging debate” are discussed.