Re: Death Penalty Article
[ QUOTE ]
I believe that even people of average intelligence know when there is almost zero chance of innocence (as long as he isn't being framed by the police) and can seperate that from cases where there is lingering doubt (eg probably Peterson or Westerfield). And most peopele would not mind that defendents with tiny doubt associated with their convictions, be spared, if they definitely get life in prison. The details of defining the criteria I left up to others. Perhaps the judge rather than the jury should make the call. Just because some of the posters here are too dumb to understand the notion of probability involving historic events, doesn't mean that most in the crimal justice system are.
[/ QUOTE ]
Who does David consider to be "in the criminal justice system"? In most States, the only qualification for jury service is that you be 18, a citizen, and not a felon. Therefore, the juries making these decisions will often be comprised of at least some persons with much less than "average intelligence". And I'm David realizes, as a math genius, that there will occasionally be juries that comprised solely of persons of much less than "average intelligence." David makes a comment about letting the judge decide, but, as a lawyer, I can honestly say that you will occasionally have judges with much less than "average intelligence." So, even with David's plan, you still end up with the problem of innocent people being executed, because the decision-maker(s) cannot understand the standard and/or how to apply it.
Also, what about the situation where the crime is so offensive and charged (Scott Peterson, for example), that the decision-maker(s) understands the standard and how to apply it, but makes a decision based on emotion and/or politics?
The more interesting death penalty topic, and one that is more susceptible to using logical arguments as part of the discussion, would be to examine the effects of even having a death penalty in the first place. Does it serve as a deterrent? How expensive is it compared to life without parole?
|