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General discussion

John Mohamed gets death for...

Nov 23, 2003 11:57PM PST

terrorism and capital murder. Me thinks it's appropriate, what do you think?

Discussion is locked

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if he dies tommorow wont be soon enough(NT)
Nov 24, 2003 2:21AM PST

.

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Re:John Mohamed gets death for...
Nov 24, 2003 2:46AM PST

It is never appropriate for the state to take a life.

Dan

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Re:Re:John Mohamed gets death for...
Nov 24, 2003 2:50AM PST
It is never appropriate for the state to take a life.

Then I nominate you and yours to support him. I'll keep my money for me and mine...
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Execution ain't free*
Nov 24, 2003 2:56AM PST

.

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Re:Execution ain't free*
Nov 24, 2003 3:01AM PST

It's cheaper than the average $57.92 a day to support him...

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Re:Re:Execution ain't free*
Nov 24, 2003 3:09AM PST

Not really. Once you figure in the costs for mandatory reviews and appeals, and the added costs of death row expenses. I read recently it cost over two mil to excute someone.

In any case, if that's the best argument we should kill all of the prisoners.

Dan

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BTW
Nov 24, 2003 3:13AM PST

It was the people that decided he should be executed, not the state...

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Re:BTW
Nov 24, 2003 3:18AM PST

The state asked for it and the state will fight for it and the state will carry it out.

Dan

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Re:Re:BTW
Nov 24, 2003 3:28AM PST

The jurors, ie the people, were given a choice of life or death and they chose death. Are you saying the will of the people should not even be considered?

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I didn't say that
Nov 24, 2003 3:50AM PST

.

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Re:BTW
Nov 24, 2003 3:27AM PST

That's not exactly accurate. The jurors were given specific legal instructions. They had to decide whether the murders met certain criteria, which in Virginia call for the death penalty. So yes they decided, but their decision was based on state law, not their personal wishes.

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Re:Re:BTW
Nov 24, 2003 3:52AM PST
So yes they decided, but their decision was based on state law, not their personal wishes.

That's not accurate either. The penalty for meeting the criteria they were instructed on is not a mandatory death sentence as the judge can still reduce the sentence. The jurors were merely instructed that his acts must meet a miniumum of conditions for him to be eligible for the death penalty. They decided that he did meet those conditions and that they did recommend the death penalty. The people were free to choose and they chose.
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Confused here
Nov 24, 2003 8:34AM PST

They decided in terms of the law, not their wishes. The "fact" (I don't know whether that's true, or not) that the Judge could reduce the sentence is irrelevant to the decision making of the jury.

Ian

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Re:Confused here
Nov 24, 2003 8:49AM PST
They decided in terms of the law, not their wishes.

The had a choice between recommending life in prison or death and they CHOSE death. They were not required to choose death but they were instructed that he his crime must meet certain criteria for them to recommend death and they decided that it did. It is true though that since they decided he was guilty they were not free to choose to set him free so the two choices they were given were set by law. Given the choices they were given I don't think anyone could assume they wished to send him to prison and recommended death instead.
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Re: BTW
Nov 24, 2003 5:20AM PST

Hi, Josh.

Why is it that a "jury of your peers" in a capital case only includes those of your peers who accept the moral rectitutde of the death penalty? There's a solid 20% who, like me, find the death penalty morally repugnant. Without the summarily exclusion of "peers" with that moral compass, the calculation of 20% x 12 jurors would mean that the death penalty could never be imposed. Please show me how a strict construction of the Constitution allows for my exclusion from a capital jury?
-- Dave K.

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Just to play devil's advocate.....
Nov 24, 2003 5:33AM PST

....I suppose it could be argued that since the defendant saw fit to impose the "death penalty" on his victims, he believes in it and therefore the jury was composed of his peers.

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Re: BTW
Nov 24, 2003 5:40AM PST
Why is it that a "jury of your peers"...

That's actually a good topic for another thread. I'm not convinced necessarily that a collection of professionals like doctors, lawyers and accountants are peers of some homeless person for example nor would be a collection of the homeless for some professional.
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There's a solid 20% who, like me, find the death penalty morally repugnant.
Nov 24, 2003 6:11AM PST

You really ought to have said SITUATIONALLY in there as it is well remembered your comments about a certain social misfit who blew up a building in Oklahoma (won't mention the name as I really don't want you to be embarassed).

You also find it "morally repugnant" to call a fetus a baby rather than a parasite Dave.

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Re:There's a solid 20% who, like me, find the death penalty morally repugnant.
Nov 24, 2003 7:04AM PST

Hi, Ed.

I never said what you accuse me of saying -- I said that relative to the mother, a fetus fits the scientific definition of a parasite. And that's a fact.
-- Dave K.

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Not so Dave. You did equate a fetus to...
Nov 24, 2003 11:15PM PST

a parasite AND the scientific definition of a parasite leaves any fetus out of the equation as has been shown to you several times (using your own link a time or two). A fetus could possibly be likened to a symbiote as both mother and child receive from the relationship and usually without detriment to either EXCEPT even symbiotes must be of differing species (scientific definition Dave).

http://martin.parasitology.mcgill.ca/jimspage/biol/intro.htm

http://www.aber.ac.uk/parasitology/Edu/Para_ism/PaIsmTxt.html
"Parasitism is, like most other animal associations defined in terms of two different species, who form a regular association, although this seems sensible, and it does exclude consideration of the mammalian foetus as being parasitic upon its mother, there are some very interesting immunological parallels between the mechanisms the foetus uses to avoid being rejected by the immune response of its mother and the ways in which the parasites of mammals seek to avoid their hosts immune response. Also in a number of deep-sea fish, the males are tiny and become parasitic on the females, nothing is known about the physiological basis of this."

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Jury participation.
Nov 24, 2003 8:40AM PST
Please show me how a strict construction of the Constitution allows for my exclusion from a capital jury?

How, where and when are you excluded from a capital jury?

Ian
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Jury of your peers, Dave...
Nov 24, 2003 1:10PM PST

Dave, I can't seem to find jury of your peers in the Constitution of the United States. That doucument does not spell all of the out the legal mechanics of everything that is assigned to the States, the States do that in their laws.
Jury exclusion is a complex thing. If a person were to be tried for say, selling cocaine to school kids, there would be a trial and a jury would be selected. If a prospective juror were so say in a jury selection questioning that they felt that they felt that durg laws were unjust and everybody should be free to use or sell whatever drug they pleased, would you say that that person should be seated? What if they said that they would not impose an existing penality that the State allowed for selling illegal drugs?

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It is still less costly
Nov 24, 2003 3:47AM PST

because ALL those same appeals and reviews are utilized for life terms plus the cost of maintaining PLUS geriatric care gets expensive.

In addition Death Penalties CARRIED OUT have a definite deterrent effect on inhibiting premeditated capital crimes by others and this goes without mention of the fact that the person punished with death will not be involved in riots and the killing of other prisoners and guards.

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Re:It is still less costly
Nov 24, 2003 5:07AM PST
'In addition Death Penalties CARRIED OUT have a definite deterrent effect on inhibiting premeditated capital crimes by others and this goes without mention of the fact that the person punished with death will not be involved in riots and the killing of other prisoners and guards.

I agree.

This should be given a great deal of pulicity, preferably televised by PBS, with a running statement at the bottom that states, this could happen to you.

Unfortunately for all of us this will not be the case.

david williams
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Re:Re:It is still less costly
Nov 24, 2003 5:47AM PST

Anyone should be able to agree that today's sanitized death sentence no longer presents the same deterrent effect as yesteryear's public hanging...

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Agreed but the effect...
Nov 24, 2003 6:07AM PST

is still there albeit to a lesser degree.

Making them public on "Pay per View" channels would also decrease the national or state debt if properly targetted. Happy

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disagree with both of you.
Nov 24, 2003 8:50AM PST

Public death innures the viewing public to the vision of death. The reverse of the effect you wish.

Have a close look at the Roman empire and middle ages.

Ian

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Not so Ian...
Nov 24, 2003 10:58PM PST

there is a great difference between a public execution and a circus for entertainment.

Public executions worked their magic quite well in this country, Australia, England, France, and a host of others in years gone by.

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To accept this claim, I need some evidence.
Nov 24, 2003 8:46AM PST
In addition Death Penalties CARRIED OUT have a definite deterrent effect on inhibiting premeditated capital crimes by others

Because that does not accord with the historical stuff I learnt in my school days.

Ian
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You may want to revisit what you learned...
Nov 24, 2003 11:02PM PST

and will quite likely learn that you either misremembered or "learned" incorrect information.

The deterrent effect of executions CARRIED OUT is well documented as is the weakening of any deterrent effect when sentences are handed down but never carried out.