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echo: philos
to: DAVID MARTORANA
from: FRANK MASINGILL
date: 1998-02-03 04:10:00
subject: `Death Penalty`

 FM> This is addressed only to the serious thinkers on the echo.
 DM> You sure do play hard-ball!!! ....but I'll respond anyway!
      Surely you understood my meaning well, David.  One tires of being 
alled
names by people who have no intention of meeting rational discourse with
rational discourse.  Actually, I've already been gratutiously attacked 
ithout
any reason and quite personally.  I just wanted to make it plain in advance 
o
such impolite boors that the post was not meant for them.  Naturally, 
ivility
has no effect on them.  I know that.  
 FM> I'm sure you have noticed what a dilemma has been posed to many who
 FM> either oppose or support the death penalty. I am wondering if there ever
 FM> could be a calm, rational, philosophical dialogue on the subject.  Here
 FM> we now have the embarrassing situation of a serial killer who
 FM> deliberately sent bombs through the mail intended to blow people away.
 FM> As of now, he evidently is NOT going to a mental hospital for
 FM> confinement there and is not going to suffer the death penality but will
 FM> receive imprisonment for life.  Given his penchant for trying to commit
 FM> suicide that could be a short period of time unless they're careful.
 FM> At the same time we now have a woman in Texas convicted of a heinous
 FM> crime and admitting that she did it but asking for clemency because she
 FM> has undergone a conversion.
 FM> I'm not taking a position in either of these specific cases.
 DM> ......Why in the hell not ???
   Simply because I am personally opposed to the death penalty in the
"administration of justice" so this would cloud the point I'm making which is
that precisely that the absence of "even-handedness" is so very clear when
these two cases and others are considered.  That is my point.
 DM> I, personally,  have no interest in punishment, rehabilitation or
 DM> understanding .....only a direct motivation to quickly rid my world of
 DM> criminal "inconvenience".
   I suppose I'll see later in your post what, exactly, that means.  Again,
I'm more prosaic.  I don't want serial killers walking around freely in
society.  As long as they are locked away and treated with reasonable and
civilzed behavior by their guards I have no problem with trying to arrive at 

fair sentence in individual cases.  I'm sure that mistakes are made in
employing the death penalty.  People are being released from jail every now
and then with an apology from the jurisdiction.  When one is executed there
can be no re-thinking of guilt or innocence. The retaliation is final.
 FM> My own personal opinion (FWIW) is that I am against the death penality
 FM> for many reasons, not the least of which is that it requires society to
 FM> act with finality in so many instances where we don't really know the
 FM> guilt or innocence but my attitude is not likely to have much weight one
 FM> way or the other in what happens in the various jurisdictions.  I doubt
 FM> that anybody would argue that this final penalty is evenly enforced.
 DM> Never expect "evenly" anything in a free state-nation complex. It is a
 DM> price for that level of unfettered diversity.
   Forgive me, David, but do you really feel that you need point this out to 

mature person?  Seems a waste of words to me.  To the specific individual
caught up in that "unfettered diversity" there cannot be much comfort or
reason.  
 DM> Trial on Monday, hanging on Tuesday is about as good as it gets! ...Yes
 DM> a few innocents are sacrificed ....but no more than those killed by
 DM> kindness...... Genetic or drug controls may in the future become more a
 DM> popular approach.
   I guess I am a LITTLE surprised at your satisfaction with the "Judge Bean
approach."   Perhaps our lawmakers do assume the casual, devil-may-care
attitude you reflect as they are supposed to be making wise laws.
    I'm sure you'd say (from my reading of your response) that you'd have the
same cavalier attitude and reflect of the diversity of things if you were
(grin) standing in front of a firing squad and it wouldn't concentrate your
mind on any one thing.  I honestly can't say I could manage that although I'd
surely WANT to be Socratic.
 DM> Frank, I think you miss a "less mentioned", that justice is incidental
 DM> to the "process" of justice, now a MAJOR service industry. Death penalty
 DM> considerations are a minor department within a massive structure (except
 DM> during periods of social opera).
   No, I understand that quite well.  The death penalty is not just one small
phase of justice in general.  At least I can't see it that way.  It would be
more comfortable to do so.  Knowing that as a citizen my hand is "on the
switch" or "on the needle" or whatever induces me to think about it with less
of an insouciant attitude.  
   Let me be clear.  IF the death penalty then the lady in Texas has no right
to be exempt.  But then what could she possibly lack (if she does die) that
the serial killer who got a long jail term had in abundance?
Sincerely, 
                                     Frank
                                                                              
                                                       
--- PPoint 2.05
---------------
* Origin: Maybe in 5,000 years - frankmas@juno.com (1:396/45.12)

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