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Off Topic => General Discussion => Topic started by: Peter B on February 22, 2015, 07:31:54 AM

Title: The Bali 9 and...
Post by: Peter B on February 22, 2015, 07:31:54 AM
...execution as a form of punishment.

I deliberately didn't put the word "execution" in the topic line so as not to immediately inflame passions on each side of the argument about that topic.

Anyway, Lunar Orbit permitting, I'd like to discuss the issue of execution as a punishment in the context of two Australians who are facing execution in Indonesia for their parts in organising an attempt to smuggle heroin from Indonesia to Australia.

The background is that these two men, Andrew Chan and Myuran Sukumaran, along with seven other Australians, were arrested in Indonesia back in 2005 as they attempted to board a flight to Australia (as there were nine people arrested, and as they were attempting to fly out of Bali, they became known as the Bali 9). Chan and Sukumaran, as the ringleaders, were sentenced to death. Their last appeals have failed, and they are likely to be executed some time in the next month or so, along with several other foreigners also convicted of capital crimes.

Both sides of politics here in Australia have united in calls for clemency, with the Prime Minister Tony Abbott talking in unsubtle terms while the Foreign Minister Julie Bishop has been (appropriately) far more diplomatic. There have been petitions with thousands of signatures sent to the President of Indonesia, large gatherings of people (it's a bit confrontational to call them protests) also calling for the death sentences to not be carried out.

Personally I'm opposed to the death penalty, whether it's for murder in the USA or for drug smuggling in Indonesia. But I can also understand that when you travel to another country you live by their laws and punishments, and plenty of Indonesians have made it clear they don't appreciate being lectured by Australians about internal issues.

But it's also come to light that the Indonesian government is doing everything it can to save its own citizens facing the death penalty in other countries (particularly places like Saudi Arabia where many Indonesians work in menial jobs with few rights).

But then an article pointed out that what the ringleaders were trying to do was traffick 8 kilos of heroin (about 20 pounds for the non-metric), worth millions of dollars and likely to cause any amount of misery and death to addicts.

But then commenters on the article pointed out that no one forced the addicts to take the heroin - that was a personal decision the traffickers can't be held responsible for.

But then in many cases drug addicts come from social situations that increase their susceptibility to drug addiction (dysfunctional family, few or no suitable role models, poverty, little social stability) so the issue of choice isn't particularly strong here - not like, say, some ordinary person wandering around the car dealerships trying to choose which car to buy.

Another issue that's arisen is that the Australian Federal Police were aware that the nine members of the group were heading to Indonesia to smuggle drugs, and advised their Indonesian counterparts. As Australia is officially opposed to the death penalty, the AFP is required to not assist foreign law enforcement agencies in issues where a crime attracts the death penalty. As Chan and Sukumaran were sentenced to death the AFP has come in for criticism for its actions which appear to go against government policy. It's been suggested instead that they could instead have said nothing to the Indonesian authorities and arrested the Bali 9 on their return to Australia.

However the AFP's response was along the lines of needing to maintain a strong professional relationship with the Indonesian police, and failing to inform them of the smugglers' activities would have undermined that relationship, which has provided other benefits to Australia.

I think what I'm trying to get a sense of is whether the execution of Chan and Sukumaran is appropriate, and to what extent should the Australian government go to save their lives?

I get the impression from putting my thoughts in writing that this is one of those classic "wicked problems" (http://en.wikipedia.org/wiki/Wicked_problem) where any attempt at solving one aspect of the problem can exacerbate other aspects of the problem.

I was wondering if those of you from other parts of the world might have a more dispassionate view of the issue?
Title: Re: The Bali 9 and...
Post by: Echnaton on February 22, 2015, 11:11:56 AM
I to am opposed to the death penalty, for various reasons that we need not get into.  But I also see that point that if you go to another country with the intention of doing something illegal in that country and yours, then you are subject to the penalty where the crime is committed.   The Australian government should certainly work for a commutation of the death penalty.  As should the Indonesian government for its citizens facing barbaric laws in Saudi Arabia. 

It is interesting that the Australian police tipped off the Indonesian police in violation of domestic policy.  It opens the effort to an interpretation of being self serving and designed for internal purposes to offset criticism.  At least that is an interpretation the Indonesian government could reasonably use to defend its actions.   


But it is reasonable to assume there will be no lasting diplomatic repercussions to Indonesian for executing the leaders of a drug running ring whose guilt is not in question.
Title: Re: The Bali 9 and...
Post by: Echnaton on February 22, 2015, 11:21:53 AM
However the AFP's response was along the lines of needing to maintain a strong professional relationship with the Indonesian police, and failing to inform them of the smugglers' activities would have undermined that relationship, which has provided other benefits to Australia.

This is one of the real problems with drug prohibitions.  The police can and do use the "need" to enforce drug laws as cover for themselves in violating the law.  In this case, maintaining a relationship with the Indonesian police is just one of any number of excuses that could be used.  It is an "argument" that could be used to excuse for any number of the AFP's own violations.  It is little different than the teleological arguments we get from hoax believers.
Title: Re: The Bali 9 and...
Post by: gillianren on February 22, 2015, 12:15:29 PM
I am definitely opposed to the death penalty for a lot of reasons, though I'll also agree that this doesn't connect to one of them--the sheer number of people who are found to be not guilty through evidence discovered later.  However, another thing that irritates me is that protests are so often "don't execute this person in particular" without usually saying "or, you know, maybe not anyone else, either."
Title: Re: The Bali 9 and...
Post by: Luke Pemberton on February 22, 2015, 12:38:30 PM
I am vehemently opposed to the use of the death penalty too, for many reasons. I remember this case making the news and immediately how the AFP's actions became a major component of the story.

Like Echnaton, I also see that point that 'if you go to another country with the intention of doing something illegal in that country and yours, then you are subject to the penalty where the crime is committed.' I think the penalties for trafficking drugs in that part of the world are well known, fundamentally they took the risk and they knew the consequences. I know that sounds simplistic and unsympathetic, and as much as I deplore the use of capital punishment are these individuals a special case? Easy for me to write from a keyboard, I know.
Title: Re: The Bali 9 and...
Post by: Echnaton on February 22, 2015, 03:55:17 PM
I know that sounds simplistic and unsympathetic,

I am decidedly unsympathetic to any special pleading on their behalf.  If I am reading you correctly, then we are also in agreement that opposition to the death penalty, in general, and its application to this case requires no sympathy for the individual "victim" of the State.  So like gillianren says, an opposition to this particular case based on a general principle is sufficient.

Although I would expect the government, acting as an advocate, to make whatever case it can.  Principled, special pleading, pounding the law, pounding the table, shaking a fist or whatever.  You never know which argument will work.
Title: Re: The Bali 9 and...
Post by: Luke Pemberton on February 22, 2015, 04:39:03 PM
I am decidedly unsympathetic to any special pleading on their behalf.  If I am reading you correctly, then we are also in agreement that opposition to the death penalty, in general, and its application to this case requires no sympathy for the individual "victim" of the State.  So like gillianren says, an opposition to this particular case based on a general principle is sufficient.

My opposition to this case is that it carries a capital sentence, and in that sense I oppose any such cases, regardless of whether they are unusual forms of execution, barbaric or humane forms of execution (if there are any), I oppose punishment by death. I don't condemn the Iranian authorities anymore than the US authorities for carrying out the death penalty. I would like to think to myself that I take a humanist stance and my views are not distorted my perception of culture and another state's 'judicial integrity.' It is a matter if principle for me.

However, Indonesia are an autonomous state, and by that they see their justice system as fair and balanced. Whether we agree with their penal code, that is their system and these two individuals have been sentenced by this code.

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Although I would expect the government, acting as an advocate, to make whatever case it can.  Principled, special pleading, pounding the law, pounding the table, shaking a fist or whatever.  You never know which argument will work.

They are Australian citizens, and as such, it is only expected that Australian representatives seek clemency on their behalf. Seeking clemency is nothing new in capital cases. However, if the Indonesian authorities stand their ground, then a sate they are exercising their right to carry out what they see as the same justice that they would meet out to anyone convicted of that crime. If they start making special cases they will set an interesting legal precedent.
Title: Re: The Bali 9 and...
Post by: ka9q on February 22, 2015, 09:49:34 PM
I'll also chime in with my opposition to the death penalty for any number of both moral and pragmatic reasons. I'm especially opposed in Prohibition cases, even though the people involved were dealers taking advantage of vulnerable addicts. Addiction is a medical problem, not a criminal act.

And there are actually very good treatments for opioid addiction, ranging from methadone or buprenorphine (Subutex/Suboxone) maintenance to blocking with naltrexone to simple counseling and lifestyle changes. Or even providing clean needles and pharmacologically pure heroin to addicts who aren't yet ready to quit while reminding them of the services available.

It would be far easier to bring these treatments to the people who need them if the criminal "justice" system would just get the hell out of the way. And it would remove the incentive for drug dealers to profit from the misery of others.

Title: Re: The Bali 9 and...
Post by: Luke Pemberton on February 22, 2015, 10:29:40 PM
It would be far easier to bring these treatments to the people who need them if the criminal "justice" system would just get the hell out of the way. And it would remove the incentive for drug dealers to profit from the misery of others.

I have advocated legalising drugs for a long time now. When one thinks of the health problems that alcohol and tobacco causes in proportion to class A drugs, and then examines the social and criminal problems dealing creates it seems to be a no brainer. I am sure by misery to others, you would include the victims of drug related crime. Cutting off the dealers source of income ought to see a reduction in drug related crime. I am sure that this has been studied extensively, and it is indeed found to be a better approach that the current 'war on drugs' loop we are in.

How to implement the transition would require consideration. At least in the case of heroin, I share your view: treatment would be a parallel part of the process. Allow heroin users to register with a licensed body and do so without incrimination, prescribe them clean heroin with the reminder of rehabilitation services.

While I do not use drugs myself, I think that legalised cafes for marijuana usage would be a step forward. Again, implementation would require thought, as I don't think we could simply follow the Dutch model in the UK as there are some cultural differences between the UK and the European cafe culture.
Title: Re: The Bali 9 and...
Post by: ka9q on February 22, 2015, 10:50:40 PM
As I understand it, heroin is legal in the UK both as a medical analgesic (as an alternative to morphine) and for addiction maintenance. Here in the US it's in DEA schedule I, meaning it's banned for all purposes, including medical. Exceptions for schedule I are made only rarely for research purposes.

Cannabis is also in Schedule I, which means it's still illegal throughout the US under federal law. However, Obama has chosen to ignore it in Colorado, Washington, Alaska and other areas that have repealed their own state-level prohibitions. This could, of course, change at any time.

The ironic thing about heroin is that some other opioids are arguably even more addictive and potentially dangerous, e.g., fentanyl and its relatives. They are extremely potent and quick-acting, but they were invented well after heroin and quickly became widely used in medicine, especially in anesthesiology. Unlike heroin, a semi-synthetic that's easy to make from natural opium, the fentanyls are pure synthetics you can't easily make in an illegal lab. So they're schedule II instead of I: legal for use in medicine, but tightly controlled.

 
Title: Re: The Bali 9 and...
Post by: Luke Pemberton on February 22, 2015, 11:04:25 PM
As I understand it, heroin is legal in the UK both as a medical analgesic (as an alternative to morphine) and for addiction maintenance. Here in the US it's in DEA schedule I, meaning it's banned for all purposes, including medical. Exceptions for schedule I are made only rarely for research purposes.

It's considered Class A here, so outside medicine it is illegal. Dealing heroin is punishable with life imprisonment. Possession, 15 years in prison. As you probably know, we have Class B and Class C. Buy yes, heroin is legally used within medicine. I think the issue I see is that before making it widely legal the message needs to be given that a change in law applies to existing users. Not that I envisage a situation where the entire populous turns up at a clinic for a prescription of heroin, but there needs to be a managed phase that is pragmatic to meet the desired end state.
Title: Re: The Bali 9 and...
Post by: smartcooky on February 22, 2015, 11:45:34 PM
You have to be nine-kinds of stupid to try to smuggle drugs through Indonesia, when it is common knowledge that Indonesia executes drug smugglers.

Title: Re: The Bali 9 and...
Post by: onebigmonkey on February 23, 2015, 03:22:47 AM
Notwithstanding my opposition to the death penalty, every flight you get on in that part of the world (and I have been on several, both international and internal) advertises in no uncertain terms that the penalty for drug smuggling is death. This is in addition to the many high profile past cases where this has been the outcome for those convicted.

It always amazes me that people who try it are surprised by the sentence they are given.
Title: Re: The Bali 9 and...
Post by: Peter B on February 23, 2015, 06:32:34 AM
My opposition to this case is that it carries a capital sentence, and in that sense I oppose any such cases, regardless of whether they are unusual forms of execution, barbaric or humane forms of execution (if there are any), I oppose punishment by death. I don't condemn the Iranian authorities anymore than the US authorities for carrying out the death penalty. I would like to think to myself that I take a humanist stance and my views are not distorted my perception of culture and another state's 'judicial integrity.' It is a matter if principle for me.

I'd like to think my attitude is similar.

For example, I think it was wrong for Indonesia to execute the Bali Bombers (Amrozi, Imam Samudra and Muklas) back in 2008. I suspect I'd be in the company of a lot fewer people for saying that. By contrast I seem to remember the Australian Prime Minister at the time, Kevin Rudd, voicing very little sympathy for the idea of clemency for the bombers.
Title: Re: The Bali 9 and...
Post by: ka9q on February 23, 2015, 08:57:25 AM
Notwithstanding my opposition to the death penalty, every flight you get on in that part of the world (and I have been on several, both international and internal) advertises in no uncertain terms that the penalty for drug smuggling is death.
Yes, I've seen that on landing cards for Singapore.

What worries me is not drug dealing, it's carrying prescribed pharmaceuticals. Would they be recognized as legitimate? I wouldn't bet on it.
 
Title: Re: The Bali 9 and...
Post by: onebigmonkey on February 23, 2015, 09:38:30 AM
Notwithstanding my opposition to the death penalty, every flight you get on in that part of the world (and I have been on several, both international and internal) advertises in no uncertain terms that the penalty for drug smuggling is death.
Yes, I've seen that on landing cards for Singapore.

What worries me is not drug dealing, it's carrying prescribed pharmaceuticals. Would they be recognized as legitimate? I wouldn't bet on it.

We've seen it on on-screen displays and passenger announcements aboard flights!

The prescription drugs thing has also been a concern for us. Our flight back from Thailand was delayed thanks to the uprising there a few years ago, forcing an unscheduled stopover in Dubai. My wife's HRT medication is on their list of proscribed items, and we really didn't know where we would stand had they found them!
Title: Re: The Bali 9 and...
Post by: gillianren on February 23, 2015, 12:04:22 PM
My best friend was on a prescription medication that shows up on drug tests.  She was attempting to become a substitute teacher, and no one could tell her how to do that if she tested positive for a drug she was legally permitted to be on.  The district told her the state would have to permit it, and the state said it was a district issue.  So my friend never became a substitute teacher.
Title: Re: The Bali 9 and...
Post by: Luke Pemberton on February 23, 2015, 01:33:00 PM
It does make you wonder what these people must be thinking when so many obvious warnings are in place and as remarked, there are so many high profile cases of executions in that part of the world. We have our own case, Lindsay Sandiford:

http://www.bbc.co.uk/news/uk-31080056

Equally, I do not believe the Bali bombers should have been hung, but it does offer an interesting question about the killing of OBL. Was that an execution or a legitimate act of war? Where is the line with in the War on Terror?
Title: Re: The Bali 9 and...
Post by: ka9q on February 24, 2015, 04:25:31 AM
It was clearly an extra-judicial execution. I suspected that from the first news reports and the kill-and-tell books confirmed it. Despite some lip service to that effect, there was never any serious intention to capture him.

I thought it was a shame, too, because we would have been much better off putting OBL and his mooks on trial with all the rights guaranteed to any criminal defendant under Anglo-American law. With all the evidence against them laid out in public, when given their right to speak they would have been unable to justify their actions. And then the world would have seen them as the criminals they were, not as martyrs to their cause.

We did just that with the major Nazi war criminals after WW2 even though they killed orders of magnitude more people than al Qaeda. I always thought that the Nuremberg trials were one of the very few good things to come out of that period. This time around we took the low road, and look where it's gotten us.
Title: Re: The Bali 9 and...
Post by: Echnaton on February 24, 2015, 10:14:02 AM
it does offer an interesting question about the killing of OBL. Was that an execution or a legitimate act of war? Where is the line with in the War on Terror?

An assassination?

An act to get rid of someone who was an embarrassment to the government and whose capture, public trial and imprisonment, would only spark more controversy and embarrassment?  Or at least that is a charge that can be made but not refuted once the killing has occurred.   Which is why capture and trial is the preferred option. 
Title: Re: The Bali 9 and...
Post by: Echnaton on February 24, 2015, 10:16:50 AM
It was clearly an extra-judicial execution.

Something our executive branch now claims to have the unrestricted power to do, without even the need for a warrant.  Even for U. S. citizens.
Title: Re: The Bali 9 and...
Post by: gillianren on February 24, 2015, 12:24:28 PM
Which is why capture and trial is the preferred option. 

Well, a reason.  It's also true that our judicial system has traditionally held that everyone, no matter how "obviously guilty," no matter how often they've confessed, gets their day in court.

I will say that they clearly thought they could justify their actions.  That's what all those videos were.  They can't justify them to our standards, but that's different.
Title: Re: The Bali 9 and...
Post by: Echnaton on February 24, 2015, 01:05:37 PM
Well, a reason.

Quite correct.
Title: Re: The Bali 9 and...
Post by: ka9q on February 24, 2015, 01:40:19 PM
I will say that they clearly thought they could justify their actions.  That's what all those videos were.  They can't justify them to our standards, but that's different.
You probably could say the same thing about the major Nazi war criminals in their prime. But most of them looked and acted very different in the dock at Nuremberg, and that was the whole point.
Title: Re: The Bali 9 and...
Post by: Luke Pemberton on February 24, 2015, 02:59:26 PM
We did just that with the major Nazi war criminals after WW2 even though they killed orders of magnitude more people than al Qaeda. I always thought that the Nuremberg trials were one of the very few good things to come out of that period. This time around we took the low road, and look where it's gotten us.

The major Nuremberg trial was interesting in that one could almost certainly conclude with the backdrop of Nazi atrocities that each defendant was guilty, yet a proportion were acquitted of the charges. Entering the conspiracy mindset for a second, it could be argued that this was deliberate so it did not look like a victor's kangaroo court.

However, when setting up the terms of the trial, Justice Jackson argued strongly that the accused should be tried. Roman Rudenko argued emotively, and understandably given what the Nazis meted out in the Soviet Union, that the defendants should not be granted the same rights that they denied so many. Jackson prevailed, and I believe that the defendants being acquitted, despite clear involvement with the Nazi regime, showed that the trial was just, and Jackson won the moral argument.
Title: Re: The Bali 9 and...
Post by: ka9q on February 24, 2015, 05:09:50 PM
The major Nuremberg trial was interesting in that one could almost certainly conclude with the backdrop of Nazi atrocities that each defendant was guilty, yet a proportion were acquitted of the charges.
Yes. As I recall, three (Hans Fritzsche, Franz von Papen, Hjalmar Schacht) were acquitted on all charges though it was a puzzle why they were indicted in the first place.

The Nuremberg trials did more than dispense justice and show the world that we believed in our principles even for those who obviously lacked them. It created a huge and meticulously detailed history of that period all the more authoritative because the defendants were given a fair chance to rebut it and failed. How many of us would believe a recent history of Iraq and Afghanistan written by Bush and Cheney?
Title: Re: The Bali 9 and...
Post by: Luke Pemberton on February 24, 2015, 05:52:25 PM
The Nuremberg trials did more than dispense justice and show the world that we believed in our principles even for those who obviously lacked them. It created a huge and meticulously detailed history of that period all the more authoritative because the defendants were given a fair chance to rebut it and failed. How many of us would believe a recent history of Iraq and Afghanistan written by Bush and Cheney?

They also presented an opportunity to set international legal precedents and resurrect the failed League of Nations, which we now call the UN. There are many critics of the trials, and I can see why. Afterall, could Churchill have stood trial for ordering the bombing of Dresden? Where does Truman stand on the A-bombs? Stalin and his cronies hardly had their hands clean of blood?

As I understand there was no obvious legal precedent on which to base the trials given that acts during war had never been prosecuted before. The main framework of the prosecution was to use violation of international treaties to set the legal precedent for the future - at least that is how Jackson was briefed before heading to Nuremberg.
Title: Re: The Bali 9 and...
Post by: Chief on February 24, 2015, 08:25:02 PM
I think everyone is on the same page.

From a very cold point of view I may not be opposed to the death penalty for certain cases if I had faith in the legal system and there was complete proof of guilt.
Child abuse and murder I find utterly despicable and the father in me would want death for the guilty party if for no other reason than to rid the world of such vermin.
I don't think that is possible though and I think a lifetime in prison with hard labour would be more of a punishment than death.

In the Bali 9 duo's case however I feel for the families more than the pair and regardless of anything else they knew what the outcome could be if caught. Do the crime do the time as they say. They were willing to risk a death sentence for profit and they got caught. It's the ultimate life lesson.

My compassion for them makes me shudder when I think of the journey they will take knowing it will be the last thing they do.
Title: Re: The Bali 9 and...
Post by: ka9q on February 24, 2015, 10:55:35 PM
They also presented an opportunity to set international legal precedents
Which we have completely squandered over the past decade.
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and resurrect the failed League of Nations, which we now call the UN. There are many critics of the trials, and I can see why. Afterall, could Churchill have stood trial for ordering the bombing of Dresden? Where does Truman stand on the A-bombs? Stalin and his cronies hardly had their hands clean of blood?
The Nuremberg trials were by no means perfect. The questions about ex post facto laws and tu quoque defenses still linger today. But they were probably the best that we could do at the time in a completely unprecedented situation, and as you say they did set some important precedents. For a while, anyway.

In fact I'm still amazed we were able to talk the Soviets into even one international military tribunal.

Title: Re: The Bali 9 and...
Post by: Luke Pemberton on February 25, 2015, 12:58:24 AM
Which we have completely squandered over the past decade.

Absolutely, giving other countries carte blanche to act in a similar manner.

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The Nuremberg trials were by no means perfect. The questions about ex post facto laws and tu quoque defenses still linger today. But they were probably the best that we could do at the time in a completely unprecedented situation, and as you say they did set some important precedents. For a while, anyway.

Agree, but given their crimes I have yet to see a better alternative proposed by the critics. Could we really let them free?

Quote
In fact I'm still amazed we were able to talk the Soviets into even one international military tribunal.

The Western allies held the ace there and if I am to believe correctly, they threatened that they would take the Nazis they held and hold separate trials to the Soviets.  Since the West held the key figures, the Soviets felt they had to play ball.
Title: Re: The Bali 9 and...
Post by: ka9q on February 25, 2015, 01:43:01 AM
Which we have completely squandered over the past decade.
Absolutely, giving other countries carte blanche to act in a similar manner.
And our own. Have you been reading about the "black site" in Chicago? Appalling. Even with the sickening saga of the CIA overseas, this is still not supposed to happen in this country. Not only do the police embarrass their city and open themselves to serious criminal and civil liability, they risk having a lot of cases thrown out by the courts -- including those of people who were actually guilty. What were they thinking?
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Agree, but given their crimes I have yet to see a better alternative proposed by the critics. Could we really let them free?
Of course not. And consider this: Hermann Goering was heard to complain that as a high official on the losing side, the Allies had the right to execute him and he fully expected that he would be. But he actually seemed annoyed by their insistence on giving him such a humiliatingly thorough and public trial first. Precisely!
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The Western allies held the ace there and if I am to believe correctly, they threatened that they would take the Nazis they held and hold separate trials to the Soviets.  Since the West held the key figures, the Soviets felt they had to play ball.
And that was no accident. During the last days of the war there was a mad westward scramble by just about everyone left in Germany. The average German feared the raping and plundering Soviet army, and those with more to answer for strongly preferred to surrender themselves to the Americans or the British rather than the Soviets. Werner von Braun was just one of many examples.

Still, after the one joint IMT for the major war criminals the Americans conducted many more on their own.
Title: Re: The Bali 9 and...
Post by: Luke Pemberton on February 25, 2015, 02:03:17 AM
Have you been reading about the "black site" in Chicago?

No, I shall take a read later. Thanks. It's 0655 here, and I am heading for work in 30 minutes so I'll make this quick.

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Of course not. And consider this: Hermann Goering was heard to complain that as a high official on the losing side, the Allies had the right to execute him and he fully expected that he would be. But he actually seemed annoyed by their insistence on giving him such a humiliatingly thorough and public trial first. Precisely!

Yes, it supported the denazification agenda. It served its purpose. Goering knew that it was Nazism on trial, and the trial had more significance than than the the collection of personalities in the dock. The rabid Nazi was defending Nazism and he was going to defend the ideology he believed in with vigour.

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Werner von Braun was just one of many examples.

He was caught between the Soviets, the US or the SS. Had he been caught by the SS, it is likely that he would have been killed.

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Still, after the one joint IMT for the major war criminals the Americans conducted many more on their own.

As did the British and Soviets.
Title: Re: The Bali 9 and...
Post by: gillianren on February 25, 2015, 12:38:53 PM
And our own. Have you been reading about the "black site" in Chicago? Appalling. Even with the sickening saga of the CIA overseas, this is still not supposed to happen in this country. Not only do the police embarrass their city and open themselves to serious criminal and civil liability, they risk having a lot of cases thrown out by the courts -- including those of people who were actually guilty. What were they thinking?

"If the federal government does it, it must be legal"?
Title: Re: The Bali 9 and...
Post by: Echnaton on February 25, 2015, 12:52:59 PM
And our own. Have you been reading about the "black site" in Chicago? Appalling. Even with the sickening saga of the CIA overseas, this is still not supposed to happen in this country. Not only do the police embarrass their city and open themselves to serious criminal and civil liability, they risk having a lot of cases thrown out by the courts -- including those of people who were actually guilty. What were they thinking?

"If the federal government does it, it must be legal"?

I just caught an article on The Intercept web site. Disturbing.  I don't know if it just that The Guardian covers America better than the U. S. media does or this story didn't break into headlines of the domestic outlets I read.
Title: Re: The Bali 9 and...
Post by: Luther on February 25, 2015, 03:47:14 PM
And our own. Have you been reading about the "black site" in Chicago? Appalling. Even with the sickening saga of the CIA overseas, this is still not supposed to happen in this country. Not only do the police embarrass their city and open themselves to serious criminal and civil liability, they risk having a lot of cases thrown out by the courts -- including those of people who were actually guilty. What were they thinking?

All part of the intense radicalisation of your country which has taken place over the last 13.5 years.

And that was no accident. During the last days of the war there was a mad westward scramble by just about everyone left in Germany. The average German feared the raping and plundering Soviet army, and those with more to answer for strongly preferred to surrender themselves to the Americans or the British rather than the Soviets. Werner von Braun was just one of many examples.

Optimisation of the surrender strategy did seem to be the main objective of Dönitz for the first week or so of his three-week presidency.
Title: Re: The Bali 9 and...
Post by: Peter B on February 26, 2015, 05:06:25 AM
And that was no accident. During the last days of the war there was a mad westward scramble by just about everyone left in Germany. The average German feared the raping and plundering Soviet army, and those with more to answer for strongly preferred to surrender themselves to the Americans or the British rather than the Soviets. Werner von Braun was just one of many examples.

Optimisation of the surrender strategy did seem to be the main objective of Dönitz for the first week or so of his three-week presidency.

Not to hijack my own thread, but Michell and Webb seem to have a slightly different view:
Title: Re: The Bali 9 and...
Post by: geo7863 on April 03, 2015, 11:56:18 AM
I am definitely for the death Penalty. I am just not in favour of the way it has been applied. There have been too many mistakes, too many injustices. You have to be 100% sure, no questions, no balance of probabilities, no uncertainties!

Whether it should be applied for drugs related cases is another matter, I personally don't think so. Indonesia obviously thinks it's required and as others have said, if you go to a country with the Death Penalty for certain crimes...don't commit those crimes...or don't be surprised and all 'remorseful' if you do and get caught....clear and simple! People opposed to this particular sentence have said..."but they have been reformed"! Oh really? massive opportunities to  smuggle drugs in an Indonesian prison and they have 'turned their backs' on those opportunities? I don't think so! It's probably quite easy to say "I will honestly never ever, ever, smuggle drugs again" when you are looking at a death sentence imposed on you!

The death sentence will never deter crimes...it will deter repeat offences of crimes when offenders found guilty have been released on Parole. When the death Penalty was in force in the UK there were something like 70 murderers who had been reprieved (and that doesn't mean commuted to a 'whole life' life sentence but on average back then it was 10 years served and then released) who then went on to murder again. How many murderers have murdered again since the death penalty was abolished? I don't know, but if it was only one murder it would have been avoided had the murderer been executed.

I don't care how the sentence is carried out either. When a young child is abducted, raped, horrifically tortured and then murdered, where their last few hours (or even days) of life are full of horrendous pain and paralysing fear, then I couldn't give a monkeys toss if a lethal injection isn't all nice and peaceful for the filth who committed that crime.

If we in Europe had a prison system and sentencing system similar to that that the US has then I would be more than happy that we don't have the death penalty. If a death sentence were replaced with a whole life tariff, or sentences of 100 years for example, and those found guilty put in a supermax prison with very strict rules and very few comforts,then that would be acceptable punishment. But a whole life tariff is rarely sentenced in the UK and other countries, like Norway, have a 'maximum' life sentence of just a couple of decades.

But the main thing is there must be, in either case, absolutely no doubt, no extenuating circumstances, whatsoever! otherwise you cannot have a death sentence or a whole life tariff.



Title: Re: The Bali 9 and...
Post by: gillianren on April 03, 2015, 12:03:23 PM
Since we can almost never be one hundred percent certain of guilt, the death penalty has also resulted in the deaths of innocents.  Look into the statistics of how many people have been freed over DNA evidence--and look into states like Texas, that limit how long you have to present new evidence, even if the technology involved is itself new.
Title: Re: The Bali 9 and...
Post by: geo7863 on April 03, 2015, 12:39:02 PM
Since we can almost never be one hundred percent certain of guilt, the death penalty has also resulted in the deaths of innocents.  Look into the statistics of how many people have been freed over DNA evidence--and look into states like Texas, that limit how long you have to present new evidence, even if the technology involved is itself new.

Yes you can be 100% certain of guilt. Two guys cut off a young off-duty soldier's head in the middle of a public street in London and then waited for the Police to show up. Yesterday a Guy in Scotland was convicted of Murdering an Escort and then raping a further two escorts in the same room as her corpse, they escaped and then he then called the Police and told them what he'd done. There is sometimes no doubt whatsoever and if there is doubt then you don't impose the death penalty.

The US is renowned for having a bad record with regards to the Death Penalty, just look at the 'Robin Hood Hills' tragedy, That's why I said I am all for the death penalty but not the way it has been applied.
 
Title: Re: The Bali 9 and...
Post by: Andromeda on April 03, 2015, 02:25:17 PM
Bill Bryson wrote an excellent article about the death penalty a few years ago, titled "Hotel California".  It sums up very well my own reasons for being completely against it.
Title: Re: The Bali 9 and...
Post by: Echnaton on April 03, 2015, 03:10:23 PM
Since we can almost never be one hundred percent certain of guilt, the death penalty has also resulted in the deaths of innocents.  Look into the statistics of how many people have been freed over DNA evidence--and look into states like Texas, that limit how long you have to present new evidence, even if the technology involved is itself new.

Yes you can be 100% certain of guilt. Two guys cut off a young off-duty soldier's head in the middle of a public street in London and then waited for the Police to show up. Yesterday a Guy in Scotland was convicted of Murdering an Escort and then raping a further two escorts in the same room as her corpse, they escaped and then he then called the Police and told them what he'd done. There is sometimes no doubt whatsoever and if there is doubt then you don't impose the death penalty.

The US is renowned for having a bad record with regards to the Death Penalty, just look at the 'Robin Hood Hills' tragedy, That's why I said I am all for the death penalty but not the way it has been applied.
 

First, the murders you describe are exceptionally rare and fall within gillianren's almost never conditions. 

Second, guilt is established at trial by how prosecutors present evidence. So the question really is not whether "we" as in you, I, gillianren and whoever know or believe we know the guilt to 100%, but whether a jury relying on a practiced prosecutor's case that is rebutted by an less skilled defense attorney can be persuaded they know to 100% when that is not the actual case.   I think the answer to that is yes, a jury can be wrongly persuaded.

So if you think a jury could not be wrongly persuaded into a greater level of certainty than they can reasonably have, please let us know.   
Title: Re: The Bali 9 and...
Post by: geo7863 on April 03, 2015, 03:57:20 PM
Since we can almost never be one hundred percent certain of guilt, the death penalty has also resulted in the deaths of innocents.  Look into the statistics of how many people have been freed over DNA evidence--and look into states like Texas, that limit how long you have to present new evidence, even if the technology involved is itself new.

Yes you can be 100% certain of guilt. Two guys cut off a young off-duty soldier's head in the middle of a public street in London and then waited for the Police to show up. Yesterday a Guy in Scotland was convicted of Murdering an Escort and then raping a further two escorts in the same room as her corpse, they escaped and then he then called the Police and told them what he'd done. There is sometimes no doubt whatsoever and if there is doubt then you don't impose the death penalty.

The US is renowned for having a bad record with regards to the Death Penalty, just look at the 'Robin Hood Hills' tragedy, That's why I said I am all for the death penalty but not the way it has been applied.
 

First, the murders you describe are exceptionally rare and fall within gillianren's almost never conditions. 

Second, guilt is established at trial by how prosecutors present evidence. So the question really is not whether "we" as in you, I, gillianren and whoever know or believe we know the guilt to 100%, but whether a jury relying on a practiced prosecutor's case that is rebutted by an less skilled defense attorney can be persuaded they know to 100% when that is not the actual case.   I think the answer to that is yes, a jury can be wrongly persuaded.

So if you think a jury could not be wrongly persuaded into a greater level of certainty than they can reasonably have, please let us know.

I know they are exceptionally rare, but hardly almost never, and they deserve the death penalty in my view. As I said there ARE cases where there is 100% certainty, where the only issue before the court is not 'if' they committed the murder but what are the circumstances, the mitigating evidence as to why the murder was committed. An example in the US courts recently being the Boston Bomber, his lawyer freely admitted that his client did it with a "but here's why he did it" tacked on.

And as I have said if the evidence is weak enough to be able to leave a shred of doubt in a jury's mind then the death Penalty should NOT be in consideration.

And as I have also said if the alternative sentences were 'realistic' enough, a whole life tariff being the norm rather than the exception, where 'deserved' obviously, then I am happy that the death sentence will not be on the agenda.

Title: Re: The Bali 9 and...
Post by: ka9q on April 03, 2015, 04:52:46 PM
I am definitely for the death Penalty. I am just not in favour of the way it has been applied. There have been too many mistakes, too many injustices. You have to be 100% sure, no questions, no balance of probabilities, no uncertainties!
And that's just some of the reasons I'm solidly opposed to it.
Title: Re: The Bali 9 and...
Post by: Halcyon Dayz, FCD on April 04, 2015, 03:59:23 AM
The Death Penalty is one of those government powers that always will end up being abused for political gain.
Historically it always has.
Title: Re: The Bali 9 and...
Post by: geo7863 on April 04, 2015, 05:00:12 AM
The Death Penalty is one of those government powers that always will end up being abused for political gain.
Historically it always has.

How?
Title: Re: The Bali 9 and...
Post by: Luke Pemberton on April 04, 2015, 05:30:50 AM
The Death Penalty is one of those government powers that always will end up being abused for political gain.
Historically it always has.

How?

Derek Bentley. Say no more.

The problem with your argument is that you apply guilt to differing degrees. You choose the murder of Lee Rigby as an example. Yes, the killers of Lee were guilty, there is no question of their guilt. So, according to your argument they should be executed.

However, justice should be balanced. That is fair. You cannot say, well we'll hang those people because their guilt is clear, but not those because there is some doubt. This would be unfair. There are only two other options, have no death penalty, or have a death penalty that executes all those convicted and then say sorry later for the miscarriages of justice.

When I was younger (late teens) I supported the death penalty. Then I heard an argument by Edward Heath.

It's not a question of whether you would be prepared to pull the lever, it's a question of whether you are prepared to die for the crime of another. I would not be happy for the state to take my life in the knowledge that I am innocent, so I cannot expect that of others. Hence I am opposed to the death penalty.

ETA: Here is a great example of a reason not to support the death penalty.

http://www.bbc.co.uk/news/world-us-canada-32180700
Title: Re: The Bali 9 and...
Post by: Peter B on April 04, 2015, 09:55:04 AM
And as I have said if the evidence is weak enough to be able to leave a shred of doubt in a jury's mind then the death Penalty should NOT be in consideration.

The problem with "weak enough" is that no two people will ever agree where to draw that line.

In this regard it's similar to people who say that the death penalty should only be applied in the most heinous cases: where do you draw the line and say, this crime is heinous enough to warrant the death penalty, but that crime is one iota less heinous so doesn't attract the death penalty.
Title: Re: The Bali 9 and...
Post by: Zakalwe on April 04, 2015, 10:28:22 AM
The death penalty brutalises the society that insist on it. Look at the societies that inflict capital punishment on others.....are any of them examples of fairness and justice (and I include America in this). Look at the mindset of those in power that wield the death sentence and see what sort of justice they use and the examples that they set.  Saudi Arabia- a virtual totalitarian state. America- extraordinary rendition, torture to extract "confessions", wholesale trampling on their Constitution by people like Cheney and Bush. China?

Add to that, capital punishment actually work as a deterrent to terrible crimes. In America the States that do not have the death penalty have lower murder rates than the states with capital punishment. http://www.deathpenaltyinfo.org/deterrence-states-without-death-penalty-have-had-consistently-lower-murder-rates

It's also telling that the most vocal callers for capital punishment tend to be those that use religious texts as their justification. IMHO, the less that people like this get into power the better.

No thank you....I do not want to be part of a society that thinks that the answer to terrible crimes is to execute people.
Title: Re: The Bali 9 and...
Post by: Peter B on April 04, 2015, 10:38:18 AM
Whether it should be applied for drugs related cases is another matter, I personally don't think so. Indonesia obviously thinks it's required and as others have said, if you go to a country with the Death Penalty for certain crimes...don't commit those crimes...or don't be surprised and all 'remorseful' if you do and get caught....clear and simple! People opposed to this particular sentence have said..."but they have been reformed"! Oh really? massive opportunities to  smuggle drugs in an Indonesian prison and they have 'turned their backs' on those opportunities? I don't think so! It's probably quite easy to say "I will honestly never ever, ever, smuggle drugs again" when you are looking at a death sentence imposed on you!

One of the people set to be executed with the two Bali 9 men is the Frenchman Serge Areski Atlaoui. According to this story (http://www.abc.net.au/news/2015-03-05/9-other-prisoners-death-row-with-bali-nine-pair-chan-sukumaran/6130190) he was a welder who accepted a job in a factory which turned out to be a drug laboratory, and after he found this out he tried to leave immediately, only to be arrested. What you say about knowingly flouting a country's laws is quite true, but what about people being executed for crimes it appears they had nothing to do with?

Quote
The death sentence will never deter crimes...it will deter repeat offences of crimes when offenders found guilty have been released on Parole. When the death Penalty was in force in the UK there were something like 70 murderers who had been reprieved (and that doesn't mean commuted to a 'whole life' life sentence but on average back then it was 10 years served and then released) who then went on to murder again. How many murderers have murdered again since the death penalty was abolished? I don't know, but if it was only one murder it would have been avoided had the murderer been executed.

I'm always uneasy about this argument, as it smacks of punishing a person for a hypothetical crime - the murder they might commit if they're released.

In any case, I can think of a few practical reasons for not executing people:

1. The person may have information about other crimes, leading to the possibility of convictions of other guilty people or the release of innocent people.

2. A prisoner in jail can potentially contribute to society. A dead person can't.

3. Executions are more expensive than life in prison, due to legal costs being higher than incarceration costs.

4. A live prisoner can be charged with further crimes if the evidence warrants it.

Quote
I don't care how the sentence is carried out either. When a young child is abducted, raped, horrifically tortured and then murdered, where their last few hours (or even days) of life are full of horrendous pain and paralysing fear, then I couldn't give a monkeys toss if a lethal injection isn't all nice and peaceful for the filth who committed that crime.

How far do you think this punishment equivalence should go? Should it be applied on the basis of the killer's intent to cause pain, or on the basis of the victim's actual death?

Quote
But the main thing is there must be, in either case, absolutely no doubt, no extenuating circumstances, whatsoever! otherwise you cannot have a death sentence or a whole life tariff.

Well, I appreciate hearing that.

The problem is that with the cases I've read about in the USA, cases which at first glance appear watertight end up looking anything but when given a more detailed study.

Then there are the disturbing cases, such as the Willingham case where the (prisoner) witness who claimed Willingham confessed to him later claimed he'd been coerced by the prosecutor with the promise of a reduced sentence if he cooperated; or the case of the Norfolk Four convicted of rape and murder who pleaded guilty to avoid the risk of the death penalty as a result of confessions obtained in the absence of lawyers.
Title: Re: The Bali 9 and...
Post by: Luke Pemberton on April 04, 2015, 10:46:22 AM
Saudi Arabia- a virtual totalitarian state.

Absolutely, and as soon as the oil goes, so will the arm deals and the 'special diplomatic' ties. Call me cynical, but I'm fairly sure that we turn a blind eye to the appalling human rights because of their oil. Once Saddam threatened that in 1990 we were suddenly quick to demonise Saddam.

This is interesting in itself as it shows the number of liberal minded people at this forum, and while these are not the moon hoax boards, I always feel a sense of frustration from the moon hoax crowd when they accuse us of propping up government lies, when in fact we are probably some of the most open minded and liberal individuals around.

I think SG Collins made a good call, when he explained that the moon hoax was not his life, and if he were the US Government he would feel very content with the moon hoax crowd as they were drawing attention away from the conspiracies that really mattered.
Title: Re: The Bali 9 and...
Post by: gillianren on April 04, 2015, 12:45:05 PM
The Death Penalty is one of those government powers that always will end up being abused for political gain.
Historically it always has.

How?

If a prosecutor wants to be seen as "tough on crime," they go for the death penalty in a situation where even those in favour of it on principle might see it as questionable if they knew the details.  In the US, if you are poor and/or an ethnic minority, you are more likely to end up on Death Row than if you are rich and/or white, because the skill of your lawyer is one of the things that influences which way things will go for you.  There are frankly countless examples of political influence on the death penalty, not actual consideration of evidence.
Title: Re: The Bali 9 and...
Post by: Zakalwe on April 04, 2015, 12:59:24 PM
The Death Penalty is one of those government powers that always will end up being abused for political gain.
Historically it always has.

How?

If a prosecutor wants to be seen as "tough on crime," they go for the death penalty in a situation where even those in favour of it on principle might see it as questionable if they knew the details.  In the US, if you are poor and/or an ethnic minority, you are more likely to end up on Death Row than if you are rich and/or white, because the skill of your lawyer is one of the things that influences which way things will go for you.  There are frankly countless examples of political influence on the death penalty, not actual consideration of evidence.

Absolutely. You only have to look at the less civilised states in America where the local Governor is keen to appear "tough on crime"
"Texas' appellate judges are elected to office and hence serve according to the pleasure of the public. Not surprisingly, they require a record of toughness on criminals in order to win re-election."  http://www.pbs.org/wgbh/pages/frontline/shows/execution/readings/texas.html

This is interesting in itself as it shows the number of liberal minded people at this forum, and while these are not the moon hoax boards, I always feel a sense of frustration from the moon hoax crowd when they accuse us of propping up government lies, when in fact we are probably some of the most open minded and liberal individuals around.

Indeed!
It's also telling that the more hard-line right-wingers tend to suffer from crank-magnetism. Look to extreme example like Interdimensional Warrior-he was a crank hoax-believer, a homophobe, a rascist, and anti-Semite and sexist.
Title: Re: The Bali 9 and...
Post by: Luke Pemberton on April 04, 2015, 01:53:43 PM
Absolutely. You only have to look at the less civilised states in America where the local Governor is keen to appear "tough on crime"
"Texas' appellate judges are elected to office and hence serve according to the pleasure of the public. Not surprisingly, they require a record of toughness on criminals in order to win re-election." 
http://www.pbs.org/wgbh/pages/frontline/shows/execution/readings/texas.html

Crikey, that's scary. I really get shirty with people who have anti-US sentiments because it's chique to bad mouth all that is the 'US of A', but I really wish the US would abolish capital punishment.

Probably the biggest miscarriage of justice in this country was the Derek Bentley case. Derek had learning difficulties, and from my understanding this would mean Social and Limited Communication Needs.

Derek Bentley and Christopher Craig were found on the roof a factory by the police. Craig shot a policeman dead. At the time of the shooting Bentley had been apprehended but he was heard to utter the words 'let him have it' to Craig.

The prosecution took those words to mean 'let him have the bullet' whereas the defence argued that Bentley was telling Craig to 'let him have the gun.'

Craig, being under the age of 18 did not hang. Bentley did. Many felt that the establishment wanted revenge for the killing of the policeman. Despite appeals Bentley went to the gallows, even though there were many precedents that people who had been accessories to murder had death penalties overturned. No one can ever convince me that the hanging of Bentley was right. It was his story that made me change my mind about the death penalty.
Title: Re: The Bali 9 and...
Post by: Andromeda on April 04, 2015, 03:03:39 PM
Pgs 506-509

https://books.google.co.uk/books?id=o-VgH3zb61IC&pg=PA506&lpg=PA506&ots=74zjHCozYk&focus=viewport&dq=bill+bryson+hotel+california&output=html_text
Title: Re: The Bali 9 and...
Post by: Luke Pemberton on April 04, 2015, 03:35:26 PM
Pgs 506-509

https://books.google.co.uk/books?id=o-VgH3zb61IC&pg=PA506&lpg=PA506&ots=74zjHCozYk&focus=viewport&dq=bill+bryson+hotel+california&output=html_text

That slightly puts to bed the idea that it is cheaper to execute someone than incarcerate them. I guess the counter argument would be not to let them appeal and make sure the execution happened soon after sentence. In the UK, the time between sentence and execution was moderately short. Another reason for me not supporting the death penalty. Evidence can take years to come forward and change a case.

Title: Re: The Bali 9 and...
Post by: Zakalwe on April 04, 2015, 05:01:11 PM
Evidence can take years to come forward and change a case.

Indeed. And that's not factoring that the Police have frequently lied under oath, concealed and doctored evidence, fabricated evidence and shown all sorts of bias.SDome examples:
The Birmingham 6 (http://en.wikipedia.org/wiki/Birmingham_Six)
The Guildford 4 (http://en.wikipedia.org/wiki/Guildford_Four_and_Maguire_Seven)
Sally Clark (http://en.wikipedia.org/wiki/Sally_Clark)

If capital punishment was in place then there is a strong possibility that these people would have had to face that sentence.

Look at the current enquiry into the Hillsborough disaster where members of the South Yorkshire Police "reviewed and altered" their statements. There is no system that could give me the satisfaction that a death sentence could be justified completely.

Here's an interesting article from the Beeb on the ethics of capital punishment and the usual arguments for and against.
http://www.bbc.co.uk/ethics/capitalpunishment/
Title: Re: The Bali 9 and...
Post by: Luke Pemberton on April 04, 2015, 05:20:54 PM
Indeed. And that's not factoring that the Police have frequently lied under oath, concealed and doctored evidence, fabricated evidence and shown all sorts of bias.SDome examples:
The Birmingham 6 (http://en.wikipedia.org/wiki/Birmingham_Six)
The Guildford 4 (http://en.wikipedia.org/wiki/Guildford_Four_and_Maguire_Seven)

Good examples, and given the climate at the time I am fairly sure they would have faced the noose for political goal. Hanging the Birmingham 6 and Guilford 4 would have inflamed a terrible situation even more, especially when one thinks about the martyr that Bobby Sands was made.

Quote
Look at the current enquiry into the Hillsborough disaster where members of the South Yorkshire Police "reviewed and altered" their statements. There is no system that could give me the satisfaction that a death sentence could be justified completely.

Absolutely, no system is without corruption, another reason that the death penalty should not be used. Justice should be fair, and the fairest sort of justice is allowing a person to prove their innocence if they are found guilty. Guilt is never absolute.

I really do fear for this country if we leave Europe as I think we will see a return of the death penalty. An EU member cannot have capital punishment on their statute.
Title: Re: The Bali 9 and...
Post by: ka9q on April 06, 2015, 02:09:27 AM
That slightly puts to bed the idea that it is cheaper to execute someone than incarcerate them. I guess the counter argument would be not to let them appeal and make sure the execution happened soon after sentence.
Yes. And about the only thing worse than being in a country with the death penalty is being in a country where the death penalty is cheaper than incarceration because all of the reviews and safeguards you definitely want on such an extreme penalty have been done away with.
Title: Re: The Bali 9 and...
Post by: ka9q on April 06, 2015, 02:16:59 AM
In the US, if you are poor and/or an ethnic minority, you are more likely to end up on Death Row than if you are rich and/or white, because the skill of your lawyer is one of the things that influences which way things will go for you.
I wonder if this is partly an artifact of the adversarial legal system we inherited from the Brits. Like most Americans I was taught in school that it defends the rights of the individual better than the alternatives like the civil law system, but now I'm not so sure. The adversarial system can work well (if not efficiently) when both sides have deep pockets, but that is rarely true when the death penalty is involved.
Quote
You only have to look at the less civilised states in America where the local Governor is keen to appear "tough on crime"
"Texas' appellate judges are elected to office and hence serve according to the pleasure of the public. Not surprisingly, they require a record of toughness on criminals in order to win re-election.
Not just Texas. Local judges stand for election here in California too. In their ballot blurbs they invariably tout how many criminals they've put in jail and claim they're "law enforcement's choice", often adding the catchphrase "tough but fair".

This would make it easier to decide who to vote for except that many of these elections are uncontested.
Title: Re: The Bali 9 and...
Post by: ka9q on April 06, 2015, 02:27:37 AM
Saudi Arabia- a virtual totalitarian state.

Absolutely, and as soon as the oil goes, so will the arm deals and the 'special diplomatic' ties. Call me cynical, but I'm fairly sure that we turn a blind eye to the appalling human rights because of their oil. Once Saddam threatened that in 1990 we were suddenly quick to demonise Saddam.
You're not cynical at all; you're just perceptive. Saudi Arabia routinely scores near the bottom of various annual democracy lists, just a few notches above North Korea.

One of the nice things about driving an electric car is knowing that none of my operating costs go to such a backward and medieval country. See the movie Syriana; oil is one of the most corrupting substances in existence.
Title: Re: The Bali 9 and...
Post by: Echnaton on April 06, 2015, 07:06:57 AM
And as I have said if the evidence is weak enough to be able to leave a shred of doubt in a jury's mind then the death Penalty should NOT be in consideration.

How do you propose that a jury be asked to consider if the evidence is 100% without also simultaneously asking them to consider the death penalty?  Under your proposition they are identical because there is no other reason to determine the 100% state of mind.
Title: Re: The Bali 9 and...
Post by: geo7863 on April 06, 2015, 07:26:55 AM
I will reiterate again what I wrote in my first post. I am in favour of the Death Penalty. I am NOT in favour of it in the way that it is currently applied. Hence in it's present form I am NOT in favour of the Death penalty. if it was made more 'fool proof' then yes I  favour it (and it would take a lot of change to make it fool proof!)


Derek Bentley. Say no more.


I was always under the impression that The Bentley case was one of those instrumental for The Death Penalty being abolished in the UK. I certainly don't see how it was carried out for 'political gain' in the UK.

The problem with the Bentley case is that he was tried and executed under the law as it stood at that time. A co-participant in a murder, who didn't actually carry out the murder is just as guilty as the one(s) who did. It's all very well saying that it was a miscarriage of justice because he didn't actually pull the trigger...in which case so was the execution of Dick Turpin for horse theft after all it was only theft and you don't get executed for that nowadays,   The law IS an ass, but you can't say will I disagree with the law at this moment in time, so any sentencing shouldn't apply to person A or B.

The Bentley case WAS undoubtedly a miscarriage of justice , not just because Bentley's words "let him have it Chris" could be misconstrued (and were in fact said about a different  Police officer than the one that was actually 'murdered') but because the Gun that Christopher Craig used probably wasn't even the gun that fired the fatal bullet. The miscarriage was that this wasn't (so I believe) brought up in court. In my 'hypothetical' argument a single bullet (which wasn't even found in any case) when many bullets were fired by more than one person, would NOT be enough for a Death sentence. Whether it is enough for a Life sentence is another question entirely. 


The problem with your argument is that you apply guilt to differing degrees. You choose the murder of Lee Rigby as an example. Yes, the killers of Lee were guilty, there is no question of their guilt. So, according to your argument they should be executed.

However, justice should be balanced. That is fair. You cannot say, well we'll hang those people because their guilt is clear, but not those because there is some doubt. This would be unfair. There are only two other options, have no death penalty, or have a death penalty that executes all those convicted and then say sorry later for the miscarriages of justice.


No I am saying that there are different circumstances in which a murder (or other serious crime) were committed. In the US a unanimous finding by the Jury in any criminal case must be reached before a Guilty verdict. In the UK a majority of at least 10 in a 12 person jury (so by your definition this is not fair as there is clearly some doubt amongst the jury members), and in Scotland at least 8 in a 15 person Jury (also not fair by your definition).

What I am saying is that you MUST have a unanimous finding for any death sentence to be carried out (along with other criteria that I have previously mentioned) So if, for example, ten out of twelve think that a person committed a murder but the other two had some doubt, they could still be found guilty, but the Death sentence not be applied, with a prison sentence instead.

The differing circumstances should and do affect the charges and outcome. For example  Scenario a) Two guys argue in a pub one smacks the other, who then bangs his head on the floor and subsequently dies. NOT a murder, but definitely manslaughter (or the old US 3rd Degree murder). scenario b) Two guys argue in a pub one smacks the other, and when he goes down then continues to punch and kick him even after he cannot 'fight back' the man subsequently dies, is this then a murder? You can argue that he didn't intend to kill the guy but just couldn't stop in the heat of the moment. Scenario c) Two guys argue in a pub one smacks the other and the fight is broken up by others. He then however goes home and returns with a knife because he isn't satisfied with what happened, and does so. Is this a Murder? Yes without a shadow of a doubt. (providing of course that he is seen to commit the murder, is found in possession of the murder weapon and has forensic evidence to prove that it was indeed him who held that weapon at the time of the murder)

And yes I do think the murderers of Lee Rigby should be executed, along with a few others.



ETA: Here is a great example of a reason not to support the death penalty.

http://www.bbc.co.uk/news/world-us-canada-32180700

I disagree, not a reason to not support the death penalty but definitely, no shadow of a doubt, a reason to insist on more evidence than just two bullets.

Also a reason why I DON'T support the death penalty, or even criminal Law, as practised in the US currently. Where money determines that you get a decent defence team. in the UK there is legal aid for those who can't afford a lawyer, however if you are rich you can still get a better lawyer than through legal aid, and this shouldn't be so.


The problem with "weak enough" is that no two people will ever agree where to draw that line.

In this regard it's similar to people who say that the death penalty should only be applied in the most heinous cases: where do you draw the line and say, this crime is heinous enough to warrant the death penalty, but that crime is one iota less heinous so doesn't attract the death penalty.

I have to disagree there 'no two people' is too simplistic, of course two people (and more) will know where to draw the line, otherwise how are our currently legal guidelines brought into law? they are not just written by one person.

Similarly there are current guidelines as to crimes considered 'more heinous' than others; Sex crimes more heinous than robbery, Child murder more heinous than the murder of adults.


The death penalty brutalises the society that insist on it.


Does it? I believe that society has failed if we are prepared to forget the rights of, and fail to protect, the innocent law abiding members of society. If such protection is to dispatch those whom commit heinous crimes so be it. There is a quote from William Blackstone "It is better that ten guilty persons escape than that one innocent suffer"

I disagree! what about the myriad of innocents to may be affected by the acts of those ten guilty? I'd prefer it if we can try to ensure that no innocent suffers either at the hands of the law or the hands of felons.


No thank you....I do not want to be part of a society that thinks that the answer to terrible crimes is to execute people.

I'm with you on that one.... if the alternatives were harsh enough to reflect the seriousness of the crime. They are NOT in my home country or my county of birth. They are in Places like Russia and the US (although obviously many other aspects of the legal systems are sadly lacking!)

People say it shouldn't be about revenge.  Why not? if someone steps out of society to such an extent were they commit a serious crime, why should they have the benefits that society provides for those who stay within society's boundaries?

It always 'seems' to be about the rights of felons, why shouldn't the victims and their friends and relatives be taken into account? A child rapist in the UK will probably do about 8 years in Jail (that is not a firm researched figure it just seems to be typically what I see on the BBC news website time and time again, round about once a week). What about the potential life of fear and mental pain that the child has or may suffer at the hands of such a rapist? not really important that is it? It seems.

Title: Re: The Bali 9 and...
Post by: geo7863 on April 06, 2015, 08:08:07 AM

One of the people set to be executed with the two Bali 9 men is the Frenchman Serge Areski Atlaoui. According to this story (http://www.abc.net.au/news/2015-03-05/9-other-prisoners-death-row-with-bali-nine-pair-chan-sukumaran/6130190) he was a welder who accepted a job in a factory which turned out to be a drug laboratory, and after he found this out he tried to leave immediately, only to be arrested. What you say about knowingly flouting a country's laws is quite true, but what about people being executed for crimes it appears they had nothing to do with?


I see nothing in that link that states he tried to leave immediately, and nothing which would convince me that Atlaoui is telling the truth. Of course I don't have his whole defence evidence in front of me.


I'm always uneasy about this argument, as it smacks of punishing a person for a hypothetical crime - the murder they might commit if they're released.

Not at all you are punishing a person for the crime that they have already committed. if a death sentence is indeed carried out then that is 100% protection against further crimes being committed by that felon.



In any case, I can think of a few practical reasons for not executing people:

1. The person may have information about other crimes, leading to the possibility of convictions of other guilty people or the release of innocent people.

2. A prisoner in jail can potentially contribute to society. A dead person can't.

3. Executions are more expensive than life in prison, due to legal costs being higher than incarceration costs.

4. A live prisoner can be charged with further crimes if the evidence warrants it.

1. That can and possibly should be used as a bargaining point, depending on the seriousness of the crime.

2. 'Contribute to society' how? that hints of future release into society again. And for capital offences I have a problem with that. And what about the potential future Einsteins, Steve Jobs, and Neal Armstrongs who may have been murdered by a felon? Take Andy Murray (Scottish Tennis player and I think the UK's number one player ...don't really follow tennis myself anymore) he was a small kid at school in a Scottish town called Dunblane when a madman walked in and then shot and murdered loads of small kids. One of which could easily have been him.

3. In the US undoubtedly so, with their massive money making legal practice system (and the UK is heading the same way...recently lawyers collected a massive fee in a tribunal/enquiry case where they knew a year before the final decision that they couldn't win the case. The Tribunal cost the tax payer over £30 Mill). I would argue against that in other countries

4. yep can't argue with that one.



How far do you think this punishment equivalence should go? Should it be applied on the basis of the killer's intent to cause pain, or on the basis of the victim's actual death?

Both.



The problem is that with the cases I've read about in the USA, cases which at first glance appear watertight end up looking anything but when given a more detailed study.

Then there are the disturbing cases, such as the Willingham case where the (prisoner) witness who claimed Willingham confessed to him later claimed he'd been coerced by the prosecutor with the promise of a reduced sentence if he cooperated; or the case of the Norfolk Four convicted of rape and murder who pleaded guilty to avoid the risk of the death penalty as a result of confessions obtained in the absence of lawyers.

Yes I agree, that's why the criteria for a death Sentence must be absolutely beyond doubt and certainly not based on the claims of a fellow prisoner (unless recorded, in which case you don't really need the fellow prisoner's evidence as a sole entity) or on a confession obtained without a lawyer present (unless recorded by video without any coercion used at all by the police, meaning no mention of the death penalty, some people DO confess to get it off their chest, rather than just to obtain a lesser sentence! also some people are told to stay quiet by their lawyers even in the face of overwhelming evidence)

If a prosecutor wants to be seen as "tough on crime," they go for the death penalty in a situation where even those in favour of it on principle might see it as questionable if they knew the details.  In the US, if you are poor and/or an ethnic minority, you are more likely to end up on Death Row than if you are rich and/or white, because the skill of your lawyer is one of the things that influences which way things will go for you.  There are frankly countless examples of political influence on the death penalty, not actual consideration of evidence.

Ah the US, yes definitely a flawed system there! Doesn't happen in every country though does it?. May I ask does the Governor of a state have the final say as a personal opinion or as a recommendation by a legal team?
Title: Re: The Bali 9 and...
Post by: geo7863 on April 06, 2015, 08:35:03 AM
And as I have said if the evidence is weak enough to be able to leave a shred of doubt in a jury's mind then the death Penalty should NOT be in consideration.

How do you propose that a jury be asked to consider if the evidence is 100% without also simultaneously asking them to consider the death penalty?  Under your proposition they are identical because there is no other reason to determine the 100% state of mind.

I don't really understand your question. If the case is a Capital Crime case then presumably the jury must know that they may have to come to a decision which may result in an execution. If there were certain evidence criteria which were conclusive as a whole and not just individually and the jury were unanimous then a guilty verdict with a death sentence would be passed. If either the Evidence taken as a whole were not conclusive or the jury was not unanimous then a guilty verdict could still be given with a lesser sentence.

I am NOT a legal expert (quite obviously) but I would say criteria such as:

1. A weapon (where applicable) with a direct link to the victim and the accused...plus.
2. Forensic medical evidence with a direct link to the victim and the accused (either on the accused or his property)...plus.
3. Forensic evidence which places the victim and the accused at the murder location and/or the area where the victim's corpse is left..plus
4. Motive..plus
5. Opportunity

Possibly more criteria added as required, a witness for example. The point being that if you can't satisfy ALL of the above to reach a unanimous verdict then you cannot impose the death sentence. One or two alone won't suffice.

Whose state of mind? the accused? or the Jury? if the accused then that's a different matter entirely. If you are not considered mentally competent then you should NOT face a death penalty.
Title: Re: The Bali 9 and...
Post by: Luke Pemberton on April 06, 2015, 08:39:09 AM
I will reiterate again what I wrote in my first post. I am in favour of the Death Penalty. I am NOT in favour of it in the way that it is currently applied. Hence in it's present form I am NOT in favour of the Death penalty. if it was made more 'fool proof' then yes I  favour it (and it would take a lot of change to make it fool proof!)

It can never be made fool proof, and there are many examples where people have replied to your OP explaining why this is the case. You are arguing from a position of special circumstances, and 'more fool proof' implies that it will never be 'fool proof', ergo justice will never be blind. That's no basis for a fair justice system for a society in which I with to live.
Title: Re: The Bali 9 and...
Post by: Zakalwe on April 06, 2015, 10:19:59 AM
I will reiterate again what I wrote in my first post. I am in favour of the Death Penalty. I am NOT in favour of it in the way that it is currently applied. Hence in it's present form I am NOT in favour of the Death penalty. if it was made more 'fool proof' then yes I  favour it (and it would take a lot of change to make it fool proof!)
So, in other words you don’t support capital punishment unless it is applied in some circumstances that are unlikely ever to de seen in any human society?
No I am saying that there are different circumstances in which a murder (or other serious crime) were committed. In the US a unanimous finding by the Jury in any criminal case must be reached before a Guilty verdict. In the UK a majority of at least 10 in a 12 person jury (so by your definition this is not fair as there is clearly some doubt amongst the jury members), and in Scotland at least 8 in a 15 person Jury (also not fair by your definition).

What I am saying is that you MUST have a unanimous finding for any death sentence to be carried out (along with other criteria that I have previously mentioned) So if, for example, ten out of twelve think that a person committed a murder but the other two had some doubt, they could still be found guilty, but the Death sentence not be applied, with a prison sentence instead.
What happens when new evidence is uncovered? Or when it is found that the evidence used in the initial case is found to be wanting?

I’m not sure how you square this statement:
And yes I do think the murderers of Lee Rigby should be executed, along with a few others.
With this one:
I will reiterate again what I wrote in my first post. I am in favour of the Death Penalty. I am NOT in favour of it in the way that it is currently applied. Hence in it's present form I am NOT in favour of the Death penalty. if it was made more 'fool proof' then yes I  favour it (and it would take a lot of change to make it fool proof!)
So how would you apply it in the Rigby case?

People say it shouldn't be about revenge.  Why not?
Because we can, and should, be better than that. Basing how you treat people (yes, even the most horrific criminals are people) on an “eye for an eye” has no place in a civilised society for many reasons. The most obvious is that it simply doesn’t work.

It always 'seems' to be about the rights of felons, why shouldn't the victims and their friends and relatives be taken into account? A child rapist in the UK will probably do about 8 years in Jail (that is not a firm researched figure it just seems to be typically what I see on the BBC news website time and time again, round about once a week). What about the potential life of fear and mental pain that the child has or may suffer at the hands of such a rapist? not really important that is it? It seems.
And how exactly would a state-execution do anything for the victim of such crimes, over and above satisfying a primitive urge for an eye for an eye?
Title: Re: The Bali 9 and...
Post by: Echnaton on April 06, 2015, 10:50:19 AM
Here is my point. You have said...

If the case is a Capital Crime case then presumably the jury must know that they may have to come to a decision which may result in an execution.

and

Quote
And as I have said if the evidence is weak enough to be able to leave a shred of doubt in a jury's mind then the death Penalty should NOT be in consideration.

Saying the penalty for 100% confidence in guilt of a capital crime is the death penalty is to say that to consider one is to consider the other.  No one could consider any level of confidence beyond reasonable doubt without simultaneously considering the death penalty. 

Unless of course the death penalty was not required in such cases and mitigating factors were allowed.  In which case i don't see how that differs much from the current situation in that a great deal of jury bias could enter into the death penalty consideration when the basic facts of two cases were similar, including the confidence in guilt.
Title: Re: The Bali 9 and...
Post by: BazBear on April 06, 2015, 12:26:30 PM
Others have expressed similar sentiments as I have regarding capital punishment, but I'll add my voice to the choir anyway.

I used to support the death penalty, but until the justice system is perfect - which it never will or can be - I can no longer do so. Too many mistakes have been made, and will be made, for IMO any reasonable person to consider the death penalty a viable option.

Life without possibility of parole does the same job (short of any vengeance motivations some may have), and if a miscarriage of justice is discovered years or decades later, at least the wrongfully convicted can be given back their freedom for their remaining years.
Title: Re: The Bali 9 and...
Post by: gillianren on April 06, 2015, 01:35:59 PM
Not at all you are punishing a person for the crime that they have already committed. if a death sentence is indeed carried out then that is 100% protection against further crimes being committed by that felon.

Do you not see that you're contradicting yourself here?  Future crimes should not be a consideration in any way.  Because unless you're ready to win James Randi's million, you cannot say with any certainty that someone will definitely commit crime in the future--and even if you can, life without the possibility of parole solves the same problem.

Quote
2. 'Contribute to society' how? that hints of future release into society again. And for capital offences I have a problem with that. And what about the potential future Einsteins, Steve Jobs, and Neal Armstrongs who may have been murdered by a felon? Take Andy Murray (Scottish Tennis player and I think the UK's number one player ...don't really follow tennis myself anymore) he was a small kid at school in a Scottish town called Dunblane when a madman walked in and then shot and murdered loads of small kids. One of which could easily have been him.

Okay, if the person was a "madman," the solution here is better mental health care, which can prevent these crimes much more effectively than the death penalty.  If you're instead using it as a damning shorthand for "someone who did something awful," don't.

But let me tell you a story.  There is a woman named Leslie Van Houten.  Forty-five years ago, she was convicted of murder and given the death penalty.  Afterward, the US Supreme Court threw out the system as it was then for being cruel and unusual punishment, and the sentences of everyone on Death Row in the US were now life sentences instead.  So she is still alive.  Still in prison, indeed, despite having twenty parole hearings since then.

She has completely atoned for her crime, acknowledging that it was awful and that there is no excuse for it.  It isn't okay because she was under the emotional influence of an evil man.  It isn't okay because she was young and stupid.  Nothing--nothing made her crime okay.  She has repented.  She will never kill again.

What's more, she has spent her time in prison helping others.  She has taken advantage of all the therapy the State of California has to offer.  She has taken advantage of all the classes the State of California has to offer.  Indeed, she has become a teacher.  She helps other inmates, ones who will definitely be getting out, by making them more suited for life outside prison.  She learns and she teaches, both extremely noble pursuits.  Is she going to be Neil Armstrong?  Steve Jobs?  Albert Einstein?  No; leaving aside that she's a senior citizen now, she is not.  But getting an education in prison helps reduce recidivism, so arguably, she's helping to save those innocents as well.

But if the law had been left alone, she would have died decades ago, all those good works left undone.  And that madman she was under the influence of?  Charles Manson.

Quote
Ah the US, yes definitely a flawed system there! Doesn't happen in every country though does it?. May I ask does the Governor of a state have the final say as a personal opinion or as a recommendation by a legal team?

A personal opinion.  Oh, they may get the recommendation of a legal team--and they are usually themselves lawyers--but they don't have to pay attention to them.  And I'd note that a governor of Illinois abolished the death penalty a few years back, because there's no way to ensure that it only kills the guilty.  And remember, once someone is executed for a crime, no one looks for another culprit.  So while the innocents that you don't care about are being executed, the guilty are out there, potentially harming the innocents that you do.
Title: Re: The Bali 9 and...
Post by: Echnaton on April 06, 2015, 02:41:53 PM
On a current events note, the trial of Boston Marathon bomber Dzhokhar Tsarnaev, is coming to a close in a few days.  There is little doubt about his guilt.  Any juror could  easily hold total confidence in a guilty decision on the capital charge.

My reading on this indicates the decision allow the death penalty will be made depending on mitigating circumstances.  That is if he were overly influenced by his older brother, he will be spared the death penalty.  While if the Islamic radicalization that led to his actions was self directed, he can be put to death. 

So here we have a case of obvious, one could say 100%, guilt, but a real legal question about the appropriateness of the death penalty.  How would this case fit into your proposition, geo7863?
Title: Re: The Bali 9 and...
Post by: Echnaton on April 06, 2015, 03:05:37 PM
I used to support the death penalty

So did I.  Being from Texas and having an advantaged demographic background made support for it almost automatic.  I reasoned my way out of that little issue.
Title: Re: The Bali 9 and...
Post by: ka9q on April 06, 2015, 04:45:24 PM
In the US a unanimous finding by the Jury in any criminal case must be reached before a Guilty verdict.
That is correct. The twelve jurors must agree unanimously either way. If they can't, they get a talking-to by the judge. If they still can't agree, a mistrial is declared and the prosecutor has to decide whether to try the defendant all over again.

If the jury decides on guilty, it must be "beyond a reasonable doubt". And yes, every single death row inmate who was later exonerated (usually by DNA evidence) was originally convicted by twelve people unanimously agreeing that the evidence proved his guilt beyond a reasonable doubt. What does this tell you about that expression and the reliability of the process?

But there's an even bigger outrage regarding the death penalty as it is practiced in the US. Every prospective juror in a death penalty case is quizzed about his views, and those who express opposition to the death penalty on principle are automatically excluded. So much for the fundamental principle of Anglo-American law that a jury should consist of a representative cross-section of the community, complete with a representative cross-section of political and personal views. I can't think of a worse way to bias a jury, yet here it's perfectly legal. In fact, it's required.


Title: Re: The Bali 9 and...
Post by: Luke Pemberton on April 28, 2015, 03:57:26 PM
The executions have been carried out.

http://www.bbc.co.uk/news/world-asia-32501712
Title: Re: The Bali 9 and...
Post by: Echnaton on April 28, 2015, 10:27:11 PM
Shame.
Title: Re: The Bali 9 and...
Post by: smartcooky on April 29, 2015, 06:51:44 AM
I abhor the death penalty. Its finality combined with the fallibility of the legal system (especially in the US) means that innocent people have certainly been executed in the past, and will be executed in the future. On that alone (quite aside form the moral considerations) I regard it as barbaric, and as having no place in a civilized world.

That said, anyone who would try to smuggle drugs into, through or out of Indonesia, knowing that they will likely get the death penalty if caught, has to be nine parts stupid.   
Title: Re: The Bali 9 and...
Post by: Luther on April 29, 2015, 09:34:55 AM
combined with the fallibility of the legal system (especially in the US)

Maybe the fallibility of the legal system is why the president of that country bypasses it, and just orders people assassinated.
Title: Re: The Bali 9 and...
Post by: Echnaton on April 29, 2015, 09:49:01 AM
People don't risk this because they are "stupid," rather that young people, particularity young men, have a great deal of difficulty in assessing actual risk and consequences.  Many times they have values regarding their own lives that are quite skewed relative to what most full adults have.  It's why we have higher insurance rates for young drivers and why the higher rates extend to age 25 for men. 

The fact that people still do take the risk and smuggle drugs shows the rather limited deterrence factor of the death penalty.  And what other reason is it there for?  Many political reasons only tangential to the actual crime.
Title: Re: The Bali 9 and...
Post by: Zakalwe on April 29, 2015, 01:49:17 PM
The recent FBI admission that they made errors in hair analysis is further proof (if any were needed) of why any right-minded person can not support the death penalty.
http://www.bbc.co.uk/news/world-us-canada-32380051

"Defendants in at least 35 of these cases received the death penalty and errors were identified in 33 (94 percent) of those cases. Nine of these defendants have already been executed and five died of other causes while on death row. The states with capital cases included Arizona, California, Florida, Indiana, Missouri, Ohio, Oklahoma, Pennsylvania, Tennessee, and Texas. It should be noted that this is an ongoing process and that the numbers referenced above will change." (emphasis mine)

Regarding the Bali 9, they really picked a bad place to smuggle drugs through.  Darwin Award winners, for sure.
Title: Re: The Bali 9 and...
Post by: Luke Pemberton on April 29, 2015, 02:37:20 PM
People don't risk this because they are "stupid," rather that young people, particularity young men, have a great deal of difficulty in assessing actual risk and consequences.  Many times they have values regarding their own lives that are quite skewed relative to what most full adults have.  It's why we have higher insurance rates for young drivers and why the higher rates extend to age 25 for men. 

The fact that people still do take the risk and smuggle drugs shows the rather limited deterrence factor of the death penalty.  And what other reason is it there for?  Many political reasons only tangential to the actual crime.

I was with smartcooky until I read this. It is convenient to apply the word stupid when in fact we mean they are less risk aware and prone to take chances. I like your balance and ability to move us away from emotive language by applying logical and coherent arguments Echnaton. You do bring balance to the board. Thank you.
Title: Re: The Bali 9 and...
Post by: smartcooky on April 29, 2015, 03:52:17 PM
People don't risk this because they are "stupid," rather that young people, particularity young men, have a great deal of difficulty in assessing actual risk and consequences.  Many times they have values regarding their own lives that are quite skewed relative to what most full adults have.  It's why we have higher insurance rates for young drivers and why the higher rates extend to age 25 for men. 

The fact that people still do take the risk and smuggle drugs shows the rather limited deterrence factor of the death penalty.  And what other reason is it there for?  Many political reasons only tangential to the actual crime.

So, you're blaming society?

Sorry, I don't buy it. Not only is the fact that drug traffickers in Indonesia are executed plastered all over the news, but when you go to any destination in Indonesia, there are large obvious warning signs at all the entry points.
(https://dl.dropboxusercontent.com/u/98915197/ApolloHoax/balisign3.jpg)

(https://dl.dropboxusercontent.com/u/98915197/ApolloHoax/balisign2.jpg)

(https://dl.dropboxusercontent.com/u/98915197/ApolloHoax/balisign1.jpg)

Firstly, there are literally hundreds of thousands of young men in your "risk unaware" age bracket who visit Bali & other parts of Indonesia every year. There are very few who attempt to smuggle drugs, So, what makes their "lack of risk awareness" different from all the other young male visitors? The only difference I can think of is stupidity. Other risk unaware young men do things like drive too fast or undertake risky pastimes and adventure sports such as sky-diving, white-water canoeing, caving, rock climbing etc.

Secondly, there are people caught smuggling drugs into Indonesia who aren't male (Schappelle Corby 28 when caught) and aren't in your age bracket (Edward Myatt, 54). There are even smugglers who are neither male nor young (Lindsay Sandiford, 56 yrs). What are their excuses?

Do not lose sight of the fact that drug smugglers are criminals who themselves deal in the misery and death of others. They choose the path they walk down, and if that path leads to their execution because they are silly enough to try it on despite the fact that they know the consequences, then they have only themselves to blame.
Title: Re: The Bali 9 and...
Post by: Zakalwe on April 29, 2015, 05:20:35 PM
I don't buy that either (and I'm a bit of a hand-wringing liberal). Difficulty assessing risks? This wasn't a broken leg following a silly stunt. They were part of a well organised syndicate that had planned and organised multiple drug mules to traffic drugs through international borders. The ring leaders were intelligent coherent people (evidenced by their activities in prison life) but they chose to employ their abilities in criminal activity.

I don't buy for one millisecond that they were unable to fully asses the risks that they were taken. I place even less credence on the argument that they are anything but "full adults". They were drug dealers and peddlers in misery.
Title: Re: The Bali 9 and...
Post by: ka9q on April 29, 2015, 05:26:32 PM
They were drug dealers and peddlers in misery.
Maybe so, but they were created by the drug war.

Drug addiction is a medical problem. Someday we'll recognize that.
Title: Re: The Bali 9 and...
Post by: gillianren on April 29, 2015, 06:11:13 PM
Not only that, but seriously, brain studies.  Okay, it may not universally apply, but it does to a certain extent.  I haven't looked into these individuals, but men of a certain age don't process risk as well as others.  Yeah, they'd see the signs, but they'd think, "Oh, I won't get caught."  We know this happens.  We know how the brain works.  Do I know that's what's going on with any of these people?  Nope.  I don't know the details.  But you combine "bad risk assessment" with any one or two of about a half-dozen other factors I can think of, and no, it's not all that surprising.  And that comes from someone who doesn't even drink and finds more than a few drugs to be completely reprehensible.
Title: Re: The Bali 9 and...
Post by: ka9q on April 29, 2015, 08:44:04 PM
I am no psychologist, but I'm pretty sure this is an established fact. The law, even the death penalty, often does not deter people because they are convinced they won't get caught. It's a strange inversion of the usual phenomenon that people often overestimate infinitesimal risks like getting struck by lightning or dying in a plane crash or terrorist attack.

I would never try to match wits with professional police detectives with years of experience in getting people to say things they didn't really want to say, even though I'm a fairly intelligent person with good verbal skills. Maybe that's why.
Title: Re: The Bali 9 and...
Post by: Echnaton on April 30, 2015, 10:29:26 AM
So, you're blaming society?

Well yes, but probably not in the way you are reading into my short post.  I blame society (particularly the one in which I live, the USA and Texas) for viewing the government as having the moral authority to judge some humans for being so morally irredeemable that they are unfit to live.

My purpose was to frame these unfortunate men's actions in terms that are not morally judgmental but rather as an example of a mental process we all exhibit.   It seems self evident to me that anyone who goes through those warnings and still commits the crime of drug smuggling as exhibiting extremely unrealistic risk judgement.  To do this, one must have had some version of the all to common human beliefs of "I can get away with this," and "the most dire consequences won't apply to me" going through ones head.   

I don't know about anyone else here, but I've had similar thoughts right before I've done "stupid" things and highly successful things.  These are common attitudes and drive some people to be entrepreneurs, soldiers, and even parents.   All of which are activities filled risks of different degrees and kinds. 

Quote
Firstly, there are literally hundreds of thousands of young men in your "risk unaware" age bracket who visit Bali & other parts of Indonesia every year.
Correct, risk unawareness and risk seeking have a great deal of variety among people, it is among the things that gives variety to life.  And like all other activities people make choices and choices have consequences.  These men suffered the logical outcome of their choice and were killed. 

To expand on my previous short post, some people, particularity young people, have a skewed view of risk and reward, relative to society.  It doesn't make them stupid or to morally corrupt to be alive.  Nor does it excuse them from the legal consequences of their actions.  But it should be weighed and considered.  We do this by treating juveniles different than adults, for instance.  Most people grow out of this, with a sharp change starting around age 25 for men.

This particular example, one of a completely irrational risk taking, clearly nullifies one primary rationale for the death penalty, that of deterrence.  The death penalty will not stop some people from using drugs nor will it stop people from trafficking in drugs.  How do we know this, because drugs are used and available everywhere in the world, despite the criminality. 

The death penalty rationale of deterrence is not, in fact, rational.  This fact further exposes the underlying moral hypocrisy of state executions of criminals.
Title: Re: The Bali 9 and...
Post by: Echnaton on April 30, 2015, 10:44:31 AM
They were drug dealers and peddlers in misery.
They have reached the age of responsibility for their actions, knew the actions were illegal and violated the law.  That is sure.  But executing them is an irrevocable moral decision of judging them unfit to be alive and it better have an indisputable moral basis.  As to being "peddlers in misery," the prohibition of drugs brings death and  misery too. We need look no further than Northern Mexico to see the effects of US drug policy on the innocent. 
Title: Re: The Bali 9 and...
Post by: smartcooky on May 01, 2015, 08:31:39 AM
They were drug dealers and peddlers in misery.
They have reached the age of responsibility for their actions, knew the actions were illegal and violated the law.  That is sure.  But executing them is an irrevocable moral decision of judging them unfit to be alive and it better have an indisputable moral basis.  As to being "peddlers in misery," the prohibition of drugs brings death and  misery too. We need look no further than Northern Mexico to see the effects of US drug policy on the innocent.

You will get no argument from me as regards the death penalty... i consider it barbaric; it is quite simply state-sanctioned murder.

However, none of this has anything to do with the stupidity of people who commit a "death-penalty crime" knowing that they will face execution if caught. I don't buy the argument that criminals can be excused their behaviour because they are poor judges of risk or come from broken homes, or weren't breast fed when they were children or because their mummy didn't love them enough. I consider all of that to be PC claptrap; people become involved in criminal activity because they choose to do so.

My partner was frequently beaten by her large, angry and drunken stepmother, while her father, a career petty thief and sometimes burglar, stood by and did nothing to help. She chose not to go down the path her father had trodden. Instead, she moved away from home at 16 and worked multiple jobs to support her Fine Arts studies for which she ended up with a  Master's Degree (MFA) in Visual Arts. I am sure there are plenty of other people out there just like her, who had rotten childhoods and yet turned out just fine.
Title: Re: The Bali 9 and...
Post by: gillianren on May 01, 2015, 11:47:39 AM
My younger sister is a sociopath.  Yup, she makes terrible choices, and I haven't spoken to her voluntarily in twenty years--but she makes terrible choices because her brain is broken.  Arguably, worse than mine; for one thing, I'm pretty sure one of the bits of my sister's brain that's broken is the bit that tells her that there's something wrong with the other bits.  Do I think my sister should be punished for some of the things she's done over the years?  Yes, especially since there's no cure for her condition.  But she isn't stupid.  She's mentally ill.  "They chose to do it" is indisputable; why they chose to do it takes some considering.
Title: Re: The Bali 9 and...
Post by: Echnaton on May 01, 2015, 12:32:03 PM
I don't buy the argument that criminals can be excused their behaviour because they are poor judges of risk or come from broken homes

I wasn't making that argument.
Title: Re: The Bali 9 and...
Post by: Andromeda on May 02, 2015, 10:00:01 AM
I agree with Gillian.

It's very easy to talk about "choices" for those among us who have no neurological issues and grew up in a stable home with secure attachments.  The ability to make choices is not just down to the knowledge of doing so, but also innate ability, education, development, illness (and side-effects from the drugs used to treat it) etc.

Some people make choices others might see as "bad" - but they key to human compassion is hope for education, growth, redemption and rehabilitation.  The death penalty takes away that hope.
Title: Re: The Bali 9 and...
Post by: Zakalwe on May 02, 2015, 10:21:29 AM
I agree with Gillian.

It's very easy to talk about "choices" for those among us who have no neurological issues and grew up in a stable home with secure attachments.  The ability to make choices is not just down to the knowledge of doing so, but also innate ability, education, development, illness (and side-effects from the drugs used to treat it) etc.

Some people make choices others might see as "bad" - but they key to human compassion is hope for education, growth, redemption and rehabilitation.  The death penalty takes away that hope.

I think that we are in danger of mixing two subjects up. I am vehemently opposed to capital punishment.

However, that shouldn't be mixed up with what someone has done. Indeed discussions about the "why" may even be only considered when debating whether the person spends their time in a prison or a mental hospital. The fact is that the deed was committed and society has a right to be protected from a repeat of the offence. For someone with sociopathic tendencies then this is even more important, as they may not be in full control of their choices.


Title: Re: The Bali 9 and...
Post by: Echnaton on May 02, 2015, 06:02:58 PM
The fact is that the deed was committed and society has a right to be protected from a repeat of the offence.

No doubt.  My concern and the reason I bring the "why" into the discussion is that it is very easy and all too common to judge the "moral" fitness of criminals instead of the intent and severity of their actions.  Moral judgement runs deep in U.S. drug policy and thus by extension, in the drug policy of a number of other countries that cooperate with the U. S. in drug enforcement.  In essence, the US exports a great deal of its law so we can live smugly believing it is someone else that is really the cause of so much of the drug related death and violence, not us.  I again refer to Northern Mexico, the place where the US exports much of the violence that results from its drug laws. 
Title: Re: The Bali 9 and...
Post by: Luther on May 02, 2015, 10:59:23 PM
I really get shirty with people who have anti-US sentiments because it's chique to bad mouth all that is the 'US of A'

There's some lunatic fringe out there that believes that maybe, some small amount of the anti-US sentiment that exists, is actually because the US is doing something to generate it.

Hard to believe people could be that crazy, eh?
Title: Re: The Bali 9 and...
Post by: BazBear on May 03, 2015, 12:06:38 AM
I'm a veteran of the U.S. Army, and a card carrying, firearm owning "proud to be an American" type (even though I'm a liberal that hasn't voted for a Republican presidential candidate since 1984). But I guess maybe, just maybe, I have a funny feeling we're not as perfect as some of my fellow Americans seem to think we are. Instead of bitching about the observations of outsiders, maybe more of us should be a bit more introspective. Of course there will be disagreements about what and how to change things, but to pretend there's nothing we can do better is quite frankly silly.

Besides, when you're the big dog on the block, some of the smaller dogs are gonna harp on any faults they perceive. Getting defensive just plays into their hands.  ;)