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Originally Posted by Schroeder
@Skybird and Aramike
I think I didn't express myself properly before. I meant if you tell your kids that the sentenced person has done something evil by killing someone how do you tell them that killing this very person is a just act? I think the killing of someone can only be a last resort if no other option guarantees the safety of the population (emergency killing in a hostage situation, getting rid of cruel dictators who you can't get in any different way, etc).
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If you read again what I tried to express and gave examples for in post #10, you will see that I do not see it that much different than you do when talking of last resorts.
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Remember by executing someone you are doing the same thing that the criminal did. Maybe in a more "humane" way (if there is something like that) but the result is the same nonetheless.
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No. Motivation counts, and it is different motivations for the criminal, and the victim acting in self-defence, or the law enforcment or a judge acting according to the law.
Law also considers motivations. In German laws we have the conception of a crime committed for lower motives (= Verbrechen aus niederen Beweggründen), which means that the crime is considered to be even more serious than the same crime rated without that "seal of malice", and a more severe penalty must be spoken out - for example that early release from prison is explicitly ruled out, and any penalty must be the maximum allowed by law.
Also, state of mind and emotions matter in doing a deed, both legal and illegal. I would even say it matters most.
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Besides there is still the problem that not all cases are crystal clear. Mistakes WILL happen as they happened before. Maybe not so many but still I would say that even just one innocent in the death row is one too much for supporting this kind of punishment.
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That is true, and I fully accept the argument ofr too many death penalties that have been proven to have been wrong - I haven given it myself in earlier debates over death penalty and showed some statistics (that can be easily found via Google). However, if you read again what I wrote, you see that I argued against the "death penalty", and that I gave a totally different understanding of when the execution of a criminal eventually is justifiable. Death as a regular penalty in cases of "ordinary" crime (to cut it short and not writing a long novel of explanation) I explicitly excluded. The two-word term
"death penalty" is a contradiction in itself.