Just something I picked up on.
It's a reason given by many who oppose capital punishment, which goes along the lines of an innocent being put to death and then later being exonerated. "People need to accept that one wrongful conviction and execution is one too many."
Doesn't that apply on the opposite side as well? One unnecessary death due to the release of an "rehabilitated" murderer is one too many?
Haven't got any statistics to hand but I'm sure reoffending rates are incredibly high, why risk the general public's safety with the release of a convicted murderer, who may go on to kill again?
One unnecessary death due to the release of an "rehabilitated" murderer is one too many?
It is highly unusual for a murderer to be released in the US to begin with, and the charge specific recidivism rates for a released murderer are very low, about 1.2% of Murderers who are released from prison go on to be arrested for a further murder (note arrested and not necessarily convicted).
http://www.bjs.gov/content/pub/pdf/rpr94.pdf
In any case, what we are concerned with regarding the State is Justice, and capital punishment means that justice cannot be given to a wrongly convicted innocent person once a sentence of death has been carried out, particularly when there are alternatives available that both ensure that Justice is upheld, prevention of re-offending is mitigated by lifetime imprisonment and wrongful convictions can be overturned if necessary. This is something the State has total control over, recidivism is not and therein lies the difference between an innocent person being killed by the State and an innocent person being killed by a private individual.
The State should fulfil it's obligations in the least harmful, invasive and restrictive way possible, and while the State does have an obligation to punish crime, it should do so in the most ethical way possible and as Capital Punishment is the most harmful way possible then the State should always use available alternatives that can fulfil the States obligations that do not require use of the most harmful and restrictive positions. In the case of murder for example, lifetime imprisonment would fulfil the State obligation for punishment while maintaining it's obligation for justice and upholding an ethical position.
Ethically can you teach that Killing is wrong, by more Killing?
And if we take your argument at it's face value, if we kill the killer simply because they may re-offend and the risk is therefore unacceptable, then what about other crimes where the re-offending rates are far higher, do we kill people for convictions other than murder simply becasue they may do it again, or remove their ability to re-offend in other ways such as removal of the Hand of a Thief, or the castration of Sex Attacker and so on? Do we brutalise the State simply just in case a convicted criminal may re-offend? Should the State judge on the future conduct of the individual and pass judgement on what they may do, or only what they did do?
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