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Thread: "Whole life" sentences for Serial Killers breaches "Human Rights"

  1. #31
    Freaking liberals. This is what happens when you go soft on crime and still think of criminals as people.

  2. #32
    I have my own criticisms of mandatory minimum sentences, but I feel legislated sentences are acceptable in general. It's almost comical to say that it's a breach of human rights to establish minimum sentences for murderers.

    I can't believe our government wasted money spying on organizations like this.

  3. #33
    Taking odds that this becomes a major issue in the British EU referendum debate?
    Hope is the denial of reality

  4. #34
    Quote Originally Posted by Loki View Post
    Surely the seriousness of a crime is based on the time when the crime is committed, not 25 years down the line? Even if society 25 years from now decides that serial killers shouldn't serve life in prison, why should that effect legal decisions made at a time when society (including the judiciary) thought otherwise?
    Because we are not literally shackled to the past? Even in the US, ex post facto restrictions only really apply to making things worse for the person facing state power, not making things better. Or are you asserting that the executive power to pardon, grant clemency, or otherwise commute sentences is also irrational and ought to be invalid? Is there some statute of limitations on mercy which I am unaware of?
    Last night as I lay in bed, looking up at the stars, I thought, “Where the hell is my ceiling?"

  5. #35
    I think there have to be additional protections against ex post facto behavior. There has to be a presupposition that legislative and judicial acts of the past have legitimacy. I have no problem with mechanisms existing that would reverse past "mistakes", but this needs to be a process separate from the one involved in making new legislation.
    Hope is the denial of reality

  6. #36
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    Quote Originally Posted by LittleFuzzy View Post
    I've been quiet because I more or less agree with the things you've said Hazir, but I'm not seeing what you claim in that last line. Appeals on matters of fact remain either way but this hearing the European Court is mandating is not in any way an evidentiary hearing, it's a hearing on whether the remainder of the sentence should be carried out provided there aren't any successful future appeals. What Rand is defending in his opposition to the death penalty is the ability to reverse a judgement to real (as opposed to posthumous) effect. What the Court wants are commutation hearings. Which would be even better than being paroled. Or am I misunderstanding something?
    No, you are right.
    Congratulations America

  7. #37
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    Quote Originally Posted by Loki View Post
    Surely the seriousness of a crime is based on the time when the crime is committed, not 25 years down the line? Even if society 25 years from now decides that serial killers shouldn't serve life in prison, why should that effect legal decisions made at a time when society (including the judiciary) thought otherwise?
    Because that is one of the basic rules of criminal law? Up there right along with the one that says you can't be convicted for what wasn't a crime according to the law when you did it.
    Congratulations America

  8. #38
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    Quote Originally Posted by Loki View Post
    Taking odds that this becomes a major issue in the British EU referendum debate?
    Huge of course, but so was abortion in all Irish EU referenda, so what is your point? Are you trying to make clear that people in referenda hardly ever vote on the actual question in front of them?
    Congratulations America

  9. #39
    Quote Originally Posted by Loki View Post
    I think there have to be additional protections against ex post facto behavior. There has to be a presupposition that legislative and judicial acts of the past have legitimacy. I have no problem with mechanisms existing that would reverse past "mistakes", but this needs to be a process separate from the one involved in making new legislation.
    So if, for instance, someone was in jail for same-sex statutory rape in Kansas back before Lawrence v Texas (2004) or State v Limon (2005), he needs to stay in jail even though the legislation that imprisoned him is no longer on the books? Are based on legal premises and moral constructs which are no longer held, are even deemed unconstitutional? After all, past government acts under (at the time) legitimate law are valid prima facie right? No Loki, the present trumps the past. 's why, in the US, the Supreme Court can overturn precedent when it wants to, even if it would prefer to avoid doing so when possible. Indeed, as it did with its Lawrence decision. If you don't mind, could you explain to me how the events prompting this thread are not a process separate from the one involved in making new legislation?
    Last night as I lay in bed, looking up at the stars, I thought, “Where the hell is my ceiling?"

  10. #40
    Indeed. Principle normally in law is that the future can lift/relax the punishments of the past but not expand them.
    Quote Originally Posted by Ominous Gamer View Post
    ℬeing upset is understandable, but be upset at yourself for poor planning, not at the world by acting like a spoiled bitch during an interview.

  11. #41
    Quote Originally Posted by Loki View Post
    I find it amusing that the same people who were arguing against the death penalty by saying that there's an alternative punishment for keeping criminals in prison for life are now arguing against that alternative punishment.
    I've only read the first page, but that's a good description of our judicial and ethical dilemmas.

    Felons in California's Pelican Bay have been serving their time in Isolation for decades. They've tried hunger protests, but that didn't capture media attention the same way Gitmo could. Even Gitmo hunger strikes haven't had enough/proper media coverage to capture the attention of the general populace.

    The US might like to portray itself as the home of truth, justice, and fairness for all....but that's mostly a Hollywood movie myth.

  12. #42
    Do you think the Californian inmates are innocent? Serving their time is justice.
    Quote Originally Posted by Ominous Gamer View Post
    ℬeing upset is understandable, but be upset at yourself for poor planning, not at the world by acting like a spoiled bitch during an interview.

  13. #43
    Quote Originally Posted by RandBlade View Post
    Do you think the Californian inmates are innocent? Serving their time is justice.
    They were protesting the solitary confinement, in some cases lasting for over a decade.
    "One day, we shall die. All the other days, we shall live."

  14. #44
    Solitary confinement is expensive so why would it be used if unnecessary?
    Quote Originally Posted by Ominous Gamer View Post
    ℬeing upset is understandable, but be upset at yourself for poor planning, not at the world by acting like a spoiled bitch during an interview.

  15. #45
    Quote Originally Posted by RandBlade View Post
    Solitary confinement is expensive so why would it be used if unnecessary?
    Well I'm glad to see you've changed your opinion of the government's spending habits
    "One day, we shall die. All the other days, we shall live."

  16. #46
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    Quote Originally Posted by GGT View Post
    I've only read the first page, but that's a good description of our judicial and ethical dilemmas.

    Felons in California's Pelican Bay have been serving their time in Isolation for decades. They've tried hunger protests, but that didn't capture media attention the same way Gitmo could. Even Gitmo hunger strikes haven't had enough/proper media coverage to capture the attention of the general populace.

    The US might like to portray itself as the home of truth, justice, and fairness for all....but that's mostly a Hollywood movie myth.
    Funny that you would say that about what is easily the worst of his posts this week.
    Congratulations America

  17. #47
    Quote Originally Posted by GGT View Post
    I've only read the first page, but that's a good description of our judicial and ethical dilemmas.

    Felons in California's Pelican Bay have been serving their time in Isolation for decades. They've tried hunger protests, but that didn't capture media attention the same way Gitmo could. Even Gitmo hunger strikes haven't had enough/proper media coverage to capture the attention of the general populace.

    The US might like to portray itself as the home of truth, justice, and fairness for all....but that's mostly a Hollywood movie myth.
    The nice part about hunger strikes is one way or another it will be over soon.

  18. #48
    I can't think of anything nice about hunger strikes.

  19. #49
    If a serial killer does what he does because he is crazy, and so is sentenced to life in prison at least in part to protect society from what he does, then what happens if medical technology is developed to cure his crazy? Is it right to keep the life sentence?
    The Rules
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  20. #50
    Unless he was acquitted on insanity grounds yes.
    Quote Originally Posted by Ominous Gamer View Post
    ℬeing upset is understandable, but be upset at yourself for poor planning, not at the world by acting like a spoiled bitch during an interview.

  21. #51
    Quote Originally Posted by Timbuk2 View Post
    I can't think of anything nice about hunger strikes.
    So the murderer ends up dying from the hunger strike. The tax paying people no longer have to pay for his incarceration.

  22. #52
    Prisoners should have every right to commit suicide. Why should there be such a drawn out process as a hunger strike?
    Quote Originally Posted by Ominous Gamer View Post
    ℬeing upset is understandable, but be upset at yourself for poor planning, not at the world by acting like a spoiled bitch during an interview.

  23. #53
    Quote Originally Posted by LittleFuzzy View Post
    So if, for instance, someone was in jail for same-sex statutory rape in Kansas back before Lawrence v Texas (2004) or State v Limon (2005), he needs to stay in jail even though the legislation that imprisoned him is no longer on the books? Are based on legal premises and moral constructs which are no longer held, are even deemed unconstitutional? After all, past government acts under (at the time) legitimate law are valid prima facie right? No Loki, the present trumps the past. 's why, in the US, the Supreme Court can overturn precedent when it wants to, even if it would prefer to avoid doing so when possible. Indeed, as it did with its Lawrence decision. If you don't mind, could you explain to me how the events prompting this thread are not a process separate from the one involved in making new legislation?
    Quote Originally Posted by EyeKhan View Post
    If a serial killer does what he does because he is crazy, and so is sentenced to life in prison at least in part to protect society from what he does, then what happens if medical technology is developed to cure his crazy? Is it right to keep the life sentence?
    If present trumps the past....and the future holds the possibility that science can isolate and treat the causes of "crazy" that lead to criminal behavior...that gets us into a very fuzzy realm where genetics and brain physiology meet sociology and cultural behaviorism, and legislating "values".

  24. #54
    Quote Originally Posted by RandBlade View Post
    Prisoners should have every right to commit suicide. Why should there be such a drawn out process as a hunger strike?
    They don't. Suicide is illegal. Prisoners are under the custody of arresting authorities. Those authorities are thus responsible for ensuring that the prisoners don't break the law.
    Hope is the denial of reality

  25. #55
    Hunger strikes don't automatically mean "suicide" attempts, any more than religious fasting means starvation. But refusing food can be the best tool available to prisoners who have no other options, in order to gain attention from the media and public, and highlight Human Rights abuses, and/or cruel and unusual punishment.

    Like long-term isolation for internal prison infractions that have nothing to do with their original crime or sentence. Apparently, that can mean having too much toilet paper in their cell, reading books with political titles, or talking to "gang members" during meal time. That's how prisoners end up in solitary confinement....sometimes for decades.


  26. #56
    Come now GGT, you know you're exaggerating... everyRB knows that prison is a wonderful place filled with love and friendship rather than with torture, abuse and the violation of basic rules of justice and decency
    "One day, we shall die. All the other days, we shall live."

  27. #57
    Quote Originally Posted by Loki View Post
    They don't. Suicide is illegal. Prisoners are under the custody of arresting authorities. Those authorities are thus responsible for ensuring that the prisoners don't break the law.
    I said should not do. They should be able to commit suicide and the law should be reformed.
    Quote Originally Posted by GGT View Post
    Hunger strikes don't automatically mean "suicide" attempts, any more than religious fasting means starvation. But refusing food can be the best tool available to prisoners who have no other options, in order to gain attention from the media and public, and highlight Human Rights abuses, and/or cruel and unusual punishment.

    Like long-term isolation for internal prison infractions that have nothing to do with their original crime or sentence. Apparently, that can mean having too much toilet paper in their cell, reading books with political titles, or talking to "gang members" during meal time. That's how prisoners end up in solitary confinement....sometimes for decades.

    Why shouldn't prisoners be isolated if they're infracting prison rules. Oh its a tough life - here's a protip: Obey the law, and if you can't do that obey the rules once you're there
    Quote Originally Posted by Aimless View Post
    Come now GGT, you know you're exaggerating... everyRB knows that prison is a wonderful place filled with love and friendship rather than with torture, abuse and the violation of basic rules of justice and decency
    Prison here at least is neither of those. Its a far too lax place where prisoners even have TVs with Sky Sports in their cells.
    Quote Originally Posted by Ominous Gamer View Post
    ℬeing upset is understandable, but be upset at yourself for poor planning, not at the world by acting like a spoiled bitch during an interview.

  28. #58
    They have to serve out their sentence, otherwise what's the point?
    "One day, we shall die. All the other days, we shall live."

  29. #59
    Quote Originally Posted by Aimless View Post
    They have to serve out their sentence, otherwise what's the point?
    Fully agreed they should serve out their sentences. That sentence should be a punishment not a resort.

    TVs and games consoles should not be allowed and instead a fully stocked library should be the entertainment available. If you want to believe in rehabilitation maybe instead of watching Daytime TV and being fully catered for they should be working and learning to read in their spare time. Which is going to better adjust someone to being more literate and able to adjust to society - watching Jeremy Kyle on TV or reading a book?
    Quote Originally Posted by Ominous Gamer View Post
    ℬeing upset is understandable, but be upset at yourself for poor planning, not at the world by acting like a spoiled bitch during an interview.

  30. #60
    Quote Originally Posted by RandBlade View Post
    Fully agreed they should serve out their sentences. That sentence should be a punishment not a resort.

    TVs and games consoles should not be allowed and instead a fully stocked library should be the entertainment available. If you want to believe in rehabilitation maybe instead of watching Daytime TV and being fully catered for they should be working and learning to read in their spare time. Which is going to better adjust someone to being more literate and able to adjust to society - watching Jeremy Kyle on TV or reading a book?
    Okay but I was talking about serving out sentences instead of escaping by committing suicide
    "One day, we shall die. All the other days, we shall live."

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