First, it violates a defendant's due process. The Constitution guarantees every person has the right to a fair trial on
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P.Error — 3 years ago(November 10, 2022 02:32 AM)
That's if they don't interfere with any federally granted rights.
The death penalty imposed contradicts the 14th Amendment (and 6th) which states citizens are entitled to a fair trial.
Since a state with the death penalty has direct influence on how a trial proceeds, the verdict, the defence, the prosecution, the sentencing, it directly affects someone's due process.
In addition, while this one is arguable, I believe it violates the 8th amendment which prohibits the government from enacting cruel and unusual punishment. Death is cruel and unusual punishment.
Not to mention the other things that come with it: overpowering the criminal through force and constraints, the families you die, having authorities and medical staff supervise your own death without your consent, and if you fight back, they force you there, knowing it's going to end with someone owning you. You have no hope. You're stuck with someone killing you in the next few minutes.
If they wanted to do the death penalty the right way, they should do in such a way that the criminal is allowed to defend himself. Say, a cage fight between an officer and a convict, to fight to the death or KO. 50/50 shot. If prisoner wins, he avoids penalty.
Never lose your desire. -
Soul_Venom — 3 years ago(November 10, 2022 02:37 AM)
Death is not cruel unless it is protracted and painful. Nor is it unusual it has been the norm for thousands of years.
Bottom line. You are dumb.
Death is worse Anyone with a brain will tell you that and that is why the majority of those on death row fight like hell to delay it and would take life behind bars in a split second if it were offered.
Some crimes deserve death. Period
Trump is still your President. Charlie Kirk still Wins! -
P.Error — 3 years ago(November 10, 2022 03:41 AM)
Death is not cruel unless it is protracted and painful.
Death is just that. The anticipation knowing you're going to be killed by a certain date, and the assault involved, is emotionally and mentally painful.
Look, death is the maximum sanction one could possibly inflict on someone. We aren't counting torture methods along with death like Saw-style traps because those things should never be in the cards anyway. Ergo, the maximum possible punishment before a person dies is death then that falls under cruel and unusual punishment.
It does however, raise questions contradicting amendments. If you care about Constitutional law more than your own personal views you would be open to the idea that it unconstitutional.
Never lose your desire. -
TaraDeS — 3 years ago(November 10, 2022 06:27 PM)
by Jobu November 09, 2022 09:02 PM
Member since October 2, 2019
First, it violates a defendant's due process. The Constitution guarantees every person has the right to a fair trial on the federal level. A convicted murderer is not getting the same fair trial in Mississippi as he would in New York.
Defendant's may plead guilty to avoid the death penalty.
A defendant's defence may argue for life in prison without parole, to avoid the death penalty.
This shows legal capital punishment has a domino effect that affects the defence's argument, the defendant's plea, the jury's verdict, and the sentencing.
State's rights/laws should never have any influence over the plea, verdict, and sentencing in a criminal trial.
The Buffalo shooter can also plead guilty; meanwhile, he doesn't have to hire any legal team or have a defence of any kind, and by default, without a defence, the State gives life in prison without parole.
Meanwhile, the Florida shooter Nicolas Cruz's defence is forced to only argue for life in prison without parole. There is no room for error. If they fight for lighter sentencing than life in prison without parole, and lose, he is sentenced to death.
Meanwhile, the Buffalo shooter's defence is free to take risks in a sentencing trial, and perhaps fight for parole, or reduced prison time. With Cruz's team, there is no room for error; they're forced to fight for avoiding the death penalty.
Thus, Defendants in a murder trial where death penalty is legal should be allowed to appeal their case and be tried again in a new trial where death penalty is already off the table.
Criminal trials involving murder are too serious that they surpass any one state's laws regarding sentencing and punishment; therefore, I believe defendant should be able to pick by which state's laws they want the trial to operate.
If you murder in Florida and you murder in New York, the criminals should be getting the exact same trial standard. That's not the case right now (literally, case, haha). Obviously the the direction in which the trial goes is being influenced by the state which is a Constitutional violation to due process.
Also, the fact that the government can legally lynch a person is ****ing nuts. This is not a thing that should be happening in 2022.
Interesting, never watched it under the aspect of unequal trials.
But true, if States apply different rules it certainly leads to different trials and different defence strategies.
Apart of that:
Death Penalty violates Human Rights !
And human rights are valid across the world, even if some countries ignore them.
Killing and torturing are crimes…with or without Amendments.
The
hang 'em and flog 'em brigade
may argue some have forfeited their humanity through their evil deeds.
Similarly, the Nazis justified the Holocaust: Jews weren't humans. -
Cheeky — 3 years ago(November 10, 2022 06:44 PM)
People (if you can call them that, they're monsters, actually) who would torture a child to death, a child who depends on them and who cannot defend themself, deserves no consideration
Are you familiar with
The Trials of Gabriel Fernandez
? Or what happened to Adrian Jones? Gabriel's mother is miserable in prison… I guess she thought she could torture Gabriel indefinitely since she was able to get away with it for several months while the people being paid to protect him looked the other way
Life was good for all the degenerates when they were torturing children… such a pity that they've lost their freedom and that some kind of justice was served for the suffering they inflicted
If we take the time to see with the heart and not with the mind, we shall see that we are surrounded completely by angels ~ Carlos Santana -
TaraDeS — 3 years ago(November 10, 2022 06:51 PM)
by Cheeky November 10, 2022 07:44 PM
Member since November 16, 2019
People (if you can call them that, they're monsters, actually) who would torture a child to death, a child who depends on them and who cannot defend themself, deserves no consideration
Are you familiar with The Trials of Gabriel Fernandez? Or what happened to Adrian Jones? Gabriel's mother is miserable in prison… I guess she thought she could torture Gabriel indefinitely since she was able to get away with it for several months while the people being paid to protect him looked the other way
Life was good for all the degenerates when they were torturing children… such a pity that they've lost their freedom and that some kind of justice was served for the suffering they inflicted
Go back to your Texas-thread and celebrate the next death sentence.
Your reasoning reminds to Roland Freisler. ☻ -
Cheeky — 3 years ago(November 10, 2022 07:05 PM)
If you're interested, I will keep you in mind and we can both celebrate when it happens
If we take the time to see with the heart and not with the mind, we shall see that we are surrounded completely by angels ~ Carlos Santana -
TaraDeS — 3 years ago(November 10, 2022 07:10 PM)
by Cheeky November 10, 2022 08:05 PM
Member since November 16, 2019
If you're interested, I will keep you in mind and we can both celebrate when it happens
Not interested.
Now go back to your Texas-thread, you self-righteous
being
.
Enjoy the view and satisfaction what runs down your belly when someone dies. -
Cheeky — 3 years ago(November 10, 2022 07:15 PM)
aww, Tara tastes the salty tears when heartless criminals get their comeuppance
I will light a candle for you, delicate Tara
If we take the time to see with the heart and not with the mind, we shall see that we are surrounded completely by angels ~ Carlos Santana -
TaraDeS — 3 years ago(November 10, 2022 07:18 PM)
by Cheeky (November 10, 2022 08:15 PM)
Member since November 16, 2019
aww, Tara tastes the salty tears when heartless criminals get their comeuppance
I will light a candle for you, delicate Tara
Are you suffering from an ADHD-attack also?
Don't burn your fingers.