02-12-2004, 02:56 PM | #121 | ||
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It is our sense of morality and ethics that determine whether something is good or bad.... and therefore a crime. But it is how we feel about the crime that determines the punishment. No one can argue that murder deserves a harsher punishment than shoplifting. It is because of our emotional response to taking a life over taking a pair of jeans that makes that punishment harsher. Quote:
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02-12-2004, 03:06 PM | #122 | |
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"People's political beliefs don't stem from the factual information they've acquired. Far more the facts people choose to believe are the product of their political beliefs." "Injustice anywhere is a threat to justice everywhere." |
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02-12-2004, 03:22 PM | #123 | |
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There are 2 phases. The first phase determines whether or not the person accused is guilty, according to the facts presented by both sides. The second phase is the sentencing phase. A case that would involve the death penalty has to be determined by a panel of 12 jurors (the defendant's peers, so to speak), not by one judge. It has to be unanimous. If one juror refuses to issue the death penalty, then the death penalty can not be issued as a punishment for the crime. After the person has been convicted and the death penalty has been issued as the punishment, the guilty has the right to a certain number of appeals. I'm not sure of the number, or the amount of time... but people sit on death row for years and years before convicted. There is ample time to restate their case in a court of law with new evidence. |
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02-12-2004, 03:45 PM | #124 | |
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You misinterpreted my post (though I don't expect you to admit it ), and if you want to criticise Europe's attitude to the US as a whole, I would appreciate it if you didn't put words in my mouth to do it. Sorry everyone, I'll get back on topic now in the proper thread
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And all the time the waves, the waves, the waves Chase, intersect and flatten on the sand As they have done for centuries, as they will For centuries to come, when not a soul Is left to picnic on the blazing rocks, When England is not England, when mankind Has blown himself to pieces. Still the sea, Consolingly disastrous, will return While the strange starfish, hugely magnified, Waits in the jewelled basin of a pool. |
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02-12-2004, 03:47 PM | #125 | ||
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"Whither go you?" she said. "North away." he said: "to the swords, and the siege, and the walls of defence - that yet for a while in Beleriand rivers may run clean, leaves spring, and birds build their nests, ere Night comes." AboutNewJersey.com - New Jersey Travel and Tourism Guide |
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02-12-2004, 04:38 PM | #126 | |
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But there is usually some sort of minimum and maximum, and judges will always consider carefully how their sentence sits according to precedent, again to ensure consistency. There's a bit of a stramash here at the moment because Maxine Carr has applied for parole. She was convicted of perverting the course of justice because her boyfriend killed two young girls and she lied to give him an alibi. At no point did she know that he'd done it, and may well be just as horrified as the the rest of us. She's been denied parole; should she serve a longer jail term than she otherwise would (assuming that the judge has factored in all the relevant details in the sentence) just because it's a high profile, emotive case? |
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02-12-2004, 04:59 PM | #127 | |
Quasi Evil
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"People's political beliefs don't stem from the factual information they've acquired. Far more the facts people choose to believe are the product of their political beliefs." "Injustice anywhere is a threat to justice everywhere." |
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02-12-2004, 08:42 PM | #128 | |
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02-12-2004, 10:33 PM | #129 | |
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02-12-2004, 10:35 PM | #130 | |
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02-13-2004, 05:57 AM | #131 |
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Okay, so is it in these cases the jury that finally says what they recommend as a penalty? And what happens if you have an objector to the death penalty in the jury ... this presumably means that it won't be recommended. But is it possible that another jury, without an objector, hearing exactly the same case, could recommend?
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