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Old 06-26-2008, 05:27 AM   #46
Tex
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Quote:
Originally Posted by Cali Coug View Post
It depends on what purpose you believe the death penalty serves. ...
So what logical reason is there to make it available for this kind of crime?
Quote:
Originally Posted by Cali Coug View Post
Well hang on, then. What is the purpose of the death penalty if not to influence behavior? That is the primary rationale given for the death penalty. That is the primary rationale for our entire penal code.
I disagree. As it concerns the death penalty, any behavioral deterrence is merely a welcome side effect.

I look at the death penalty as just punishment for an appropriate crime. Not revenge.

Quote:
Originally Posted by Cali Coug View Post
The language of the Eighth Amendment is "cruel and unusual punishment." What are the justices to do in interpreting that language if not deciding what society views as being cruel and in determining the extent to which the punishment is unusual? Is there some sort of fixed meaning to the terms "cruel" and "unusual?"
Read the dissent of the 4 minority justices.
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