NJ Abolishes Death Penalty

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I'm surprised noone's posted this yet.

Quote:
(CNN) -- New Jersey lawmakers have voted to abolish the death penalty in the state, sending the governor a bill he has already said he will sign. The measure will make New Jersey the first state in more than 40 years to outlaw capital punishment.

The bill will make life in prison the most severe penalty for convicted murderers in the state, including the eight men currently on the state's death row. New Jersey has not put anyone to death since 1963, according to the Death Penalty Information Center.

The state Assembly approved the measure 44-36 Thursday, following up Monday's 21-16 approval in the state Senate.

A spokesman for Democratic Gov. Jon Corzine said the bill probably will be signed into law within a few days, after the exact text is reviewed closely.

"The governor has said for quite some time that he supports the bill," said spokesman Jim Gardner.

For those of you wondering how this will be immediately turned into a screaming Tard-Fest by television pundits, well, outlawing the death penalty had a slight side-effect.

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Everytime I think the death penalty should be abolished, I read about something like this, and remember that there are just some people in the world for whom death isn't enough of a punishment.

What a f*cked-up world. I honestly have never fully made up my mind on capitol punishment, aside from the belief that if we do implement it, it should be performed in as humane a manner as possible (lest we let our dark ages selves bubble to the surface and become the very things we claim to despise).

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Well, the way the governor of New Jersey is presenting it is the abolition of the death penalty is a result of the flaws in the criminal justice system. To prevent innocent people from being put to death, after which it doesn't much matter if they are ultimately found innocent.

One of the problems with capital punishment is exactly the furor it causes, it makes it very difficult to change the procedures in place, so mostly people don't. Even when there are better ways to chemically accomplish it, we are stuck with an older method because no one wants to walk through the firestorm it would take to reform even that small aspect of it.

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I take it this doesn't apply to mob dumping bodies out in Jersey?

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And commuting someone's sentence to life, no parole, is bad how? Tim McVeigh and others welcomed it as the easy way out of their incarceration.

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I take it this doesn't apply to mob dumping bodies out in Jersey?

I admit, I did wonder. This is the only state that could have outsourced it.

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What's the difference between life in Jersey and death?

PS: For the record, i don't like the idea of "punishment" as anything more than a means to deter crime. Punishment is a means and not an end, and I don't personally believe that "justice" is somehow satisfied by killing.

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Life in Jersey lasts a lot longer.

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NJ Gov wrote:
"Society must ask," he continued, "is it not morally superior to imprison 100 people for life than it is to execute all 100 when it's probable we execute an innocent?"

How is keeping an innocent in the NJ Prison system for life any morally superior than the death penalty? I, and I would guess many others, would choose to be excecuted, hands down, over spending my life in that situation.

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Nomad wrote:
NJ Gov wrote:
"Society must ask," he continued, "is it not morally superior to imprison 100 people for life than it is to execute all 100 when it's probable we execute an innocent?"

How is keeping an innocent in the NJ Prison system for life any morally superior than the death penalty? I, and I would guess many others, would choose to be excecuted, hands down, over spending my life in that situation.

Maybe, but even in prison you're still alive and life is rather precious to give up so easily.

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wordsmythe wrote:
PS: For the record, i don't like the idea of "punishment" as anything more than a means to deter crime. Punishment is a means and not an end, and I don't personally believe that "justice" is somehow satisfied by killing.

To me it's a combination of deterrent as well as one's actions resulting in appropriate consequences (which is, I suppose, basically the same thing).

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Quote:

How is keeping an innocent in the NJ Prison system for life any morally superior than the death penalty? I, and I would guess many others, would choose to be excecuted, hands down, over spending my life in that situation.

It's much easier to release someone from prison than from death. And as you note, execution is an easy way out for people who object to paying for their crimes.

But let me see if I understand your position. You argue it's more "morally superior", whatever that means, for someone who is innocent to be executed rather than languish in prison? Aren't you ignoring the chance that his innocence will be proved eventually? How can you argue that death is superior to life when someone has not actually committed the crime?

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Quote:

To me it's a combination of deterrent as well as one's actions resulting in appropriate consequences (which is, I suppose, basically the same thing).

In general, punishment is not deterrence. It is instead a consequence. It's the basic, evolved understanding of the benefits of not stealing, killing, etc that drives good behavior, not the fear of being smacked. People are on the whole good to each other. Bad people are on the whole not as scared of the consequences, and insane people simply don't care about them. That's my atheistic belief.

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wordsmythe wrote:
What's the difference between life in Jersey and death?

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I'm so torn on capital punishment. I'll be interested to see the trends in crime in NJ over the next few decades. Could be illustrative.

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So would you all argue that it is better to be alive and imprisoned irregardless of your innocence or the conditions of the prison, rather than be killed?

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No. That's not the contention. There are two things under consideration.

If you are innocent, it's better NOT to be put to death, on the theory that you have hope of getting out.

If you are NOT innocent, it's harder for you to deal with life in prison than to be put to death, and of the two choices, life in prison is the worse punishment.

This doesn't mean that it's preferable for the person locked up. But it's certainly preferable for society.

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Well, if I'm ever completely desperate, homeless, destitute, and with no chance whatsoever of picking myself up by the bootstraps in a right-wing dreamland of America, I can go to NJ and commit some crime so heinous that they just put a roof over my head and feed me three decent meals a day for the rest of my life. How's that for a deterrent?

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I believe there are also some nice amenities, like free education among others.

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Nomad, those programs are usually limited to people of a certain age who are getting out. But you've not answered my questions. How do you justify the statement that killing an innocent person by mistake is more moral than keeping them imprisoned? Did I misread it somehow?

In any case, the misguided get-tough mandatory sentences and the shift from rehabilitation to a 19th century punishment philosophy has gutted many prison education programs.

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Robear wrote:
In any case, the misguided get-tough mandatory sentences and the shift from rehabilitation to a 19th century punishment philosophy has gutted many prison education programs.

I do agree that rehabilitation and treatment should be the priority of our criminal system, not mere punishment. As a mere flawed human, though, some acts are just so horrible that I can't comprehend how we can "fix" the perpetrators of them.

If we can, though, I believe we should.

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Whoa. Thanks for the link.

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Quote:
Nomad, those programs are usually limited to people of a certain age who are getting out. But you've not answered my questions. How do you justify the statement that killing an innocent person by mistake is more moral than keeping them imprisoned? Did I misread it somehow?

First of all, I believe I was the one who asked the question:

Quote:
How is keeping an innocent in the NJ Prison system for life any morally superior than the death penalty?

so don't try and get me to do your dirty work.

Secondly, I did some research into a few of the major prison educational programs and found no such stipulations as age or time till parole. Could you show your sources? Here are a few I've checked.

Correctional Education Association (CEA)
The Prison University Project
Boston University Prison Education Program

Mind you, I am not arguing against the benefits of such programming, just commenting on how such privileged access is given to incarcerated felons, when others, who have followed our societies rules and regulations (at times to their own detriment) are unable to afford it. How is that just?

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Well, I answered your question, but you've not answered it yourself. I was curious where you stand that you'd raise such a question. It did not seem to match with your usual moral stances.

I think perhaps there are many more policies than you realize. One article I read recently (or heard on the radio) described the situation of older inmates who were ineligible for training programs available to younger inmates (college age or a bit older) or who were within a year or so of release. A quick Google shows papers such as this one on the Washington State philosophy of education as a means to prevent recidivism, which is held to be very expensive.

Quote:

Corrections educators usually work with offenders during the prerelease phase. The emphasis of many programs is to prepare offenders for their transition back to their homes and neighborhoods. Literacy skills, classes that prepare learners for the tests of General Educational Development (GED), life skills instruction, employment training, parenting classes, and crime intervention programs make up a large portion of the prerelease programs that are sometimes available to eligible offenders. However, resources continue to diminish as the offender population increases, thus limiting access to needed educational programs.

Elsewhere, the paper explains why we'd want to educate prisoners:

Quote:

The high social and economic costs associated with ever-higher rates of incarceration are staggering. With the exception of health care, spending on corrections has increased more rapidly than any other item in state budgets (National Association of State Budget Offices, 2004). In this country, expenditures on corrections have gone from $9 billion in 1982 to $60 billion in 2001 (Bauer, 2001). The fiscal impact is further amplified because prisoners are spending longer periods of time incarcerated and experience fewer opportunities to take advantage of education and training programs that could assist in their transition upon release (Lynch & Sabol, 2001).

Returning offenders face myriad challenges as they transition to their communities (Report of the Re-Entry Policy Council, 2005; Harlow, 2003; Holzer et al., 2003; Lynch & Sabol, 2001; Mumola, 1999; Travis et al., 2003):

* Three quarters of offenders have a history of substance abuse.
* Two thirds of offenders do not have a high school diploma or equivalency.
* About one third of all offenders were unemployed before they were incarcerated. A criminal record hinders both their employability and their earning capabilities.
* One third of incarcerated offenders reported having some physical or mental disability, with a rate of serious mental illness that is two to four times higher than that of the general population.
* About two thirds of offenders returning to the community have children under the age of 18, and incarcerated parents owe an average of $20,000 in child support debt when they are released from prison.

Given this stark picture, the current emphasis on re-entry must continue to be a high priority for corrections educators and the criminal justice system as a whole.

So there are strong social reasons for creating education programs for prisoners. I understand the natural instinct is to criticize giving *anything* to criminals, but that's counter-productive. Many are literally misguided and can be turned around, or are mentally ill needing treatment, and teaching everything from life skills to auto repair can have large returns for society. It's not as if they are being given college educations, although I'm sure somewhere that program might exist. It's a sincere effort to better people who genuinely need it.

The one sure thing is that if we just relegate prisoners to only punishment, we'll convert a lot of them into career criminals. That's been known for decades, if not more. It's the balance that needs to be considered; the basic philosophy of teaching and helping them integrate back into society is proven to benefit all of us.

Quote:

Although the employment related impacts of the GED earned corrections settings are difficult to assess, research has consistently demonstrated that corrections education can significantly reduce recidivism. A 1987 Bureau of Prisons report found that the more education an inmate received, the lower the rate of recidivism. Inmates who earned college degrees were the least likely to reenter prison. For inmates who had some high school, the rate of recidivism was 54.6 percent. For college graduates the rate dropped to 5.4 percent. Similarly, a Texas Department of Criminal Justice study found that while the state's overall rate of recidivism was 60 percent, for holders of college associate degrees it was 13.7 percent. The recidivism rate for those with Bachelor's degrees was 5.6 percent. The rate for those with Master's degrees was 0 percent. The Changing Minds study, which focused on the benefits of college courses in a women's prison, calculated that reductions in reincarceration would save approximately $900,000 per 100 student prisoners over a two-year period. If we project these savings to the 600,000 prison releases in a single year, the saving are enormous.

...

At least 26 states have mandatory corrections education laws that mandate education for a certain amount of time or until a set level of achievement is reached. Enrollment in correctional education is also required in many states if the inmate is under a certain age, as specified by that state's compulsory education law. The Federal Bureau of Prisons has also implemented a policy that requires inmates who do not have a high school diploma or a GED to participate in literacy programs for a minimum of 240 hours, or until they obtain their GED.


http://kenmentor.com/papers/ged.htm

As you can see, many programs focus on high-school equivalency, but stop after a certain time or are limited to certain ages, as I noted.

Literacy and recidivism among prisoners in Oklahoma (the rate of recidivism drops with education).

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I appreciate that you have invested your time in a thorough defense of how prison education is a good thing, but it would seem you totally ignored my last post.

Quote:
Mind you, I am not arguing against the benefits of such programming, just commenting on how such privileged access is given to incarcerated felons, when others, who have followed our societies rules and regulations (at times to their own detriment) are unable to afford it. How is that just?

A man can no more diminish God's glory by refusing to worship Him, than a lunatic can put out the sun by scribbling the word "darkness" on the wall of his cell.
-CS Lewis

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The UK stopped the death penalty in 1965, so it's not something that's been seriously under debate here for a very long time, but it seems to me that it's one of those areas where you can't win. I find it difficult to come up with a really satisfying rational position on the subject. There is a moral component (what is the legal system for in a societal moral sense?) and a practical component (The effect of education on reoffending would be a good example here, or the "if we kill them, we're no better than they are" argument) You have to decide what prison and sentencing is really there for. Clearly punishment and deterrent form a major part, but I do firmly believe that rehabilitation should form some part of it. To answer Nomad's question, it is not fair that violent criminals should get education for free that is denied to law-abiding citizens due to cost, but this becomes a practical issue. The political cost/benefit works out that the cost of educating these guys is worth it because of the political cost of them doing crime. It doesn't work out for the poor, law-abiding citizens because the electorate doesn't really care about poor immigrants living in squalor or starving to death.

However, then you have the problem of to what extent you believe that someone that could, for example, rape and murder an eight-year-old, can ever really be rehabilitated. So what is the legal system's responsibility in the case of Jesse Timmendequas? Clearly to prevent him from doing it again. He did it whilst capital punishment was still in effect, so its deterrent effect didn't work in this case. I do feel strongly that any notion of "revenge" is a bad reason for capital punishment. I'm not immune to these feelings. When I read what Timmendequas did I want the scumbag struck from the face of the earth too, but I do reckon it's an unenlightened attitude.

Can I ask to what degree miscarriages of justice are reported by the US media? In the UK the media is very willing to hammer the police and legal system when someone is found guilty on what is later found to be dubious or fabricated circumstances, even though they've probably done something. Several IRA bombers have been set free due to them having been stitched up by the police, and they get the public sympathy, even though most of them really were in the IRA and have probably done something equivalent to whatever they were originally sent down for. Despite this, public opinion is on their side. I agree with this too, and I think that the police should be held to the highest standards, but I'd be interested to hear whether the same is true in the States, and whether this is another factor in US public opinion being generally pro-capital punishment.

It is interesting to me that, in general, the developed world does not use the death penalty. However there are such notable exceptions, specifically the US, Japan, and Singapore that it seems more of a tendency than a rule. I wonder to what degree the strength of the religious lobby in the US is keeping it around?

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Quote:
However, then you have the problem of to what extent you believe that someone that could, for example, rape and murder an eight-year-old, can ever really be rehabilitated.

In theory yes, but what chance that they will recommit do you deem an acceptable amount? 1% gets out and rapes/murders another child is that an acceptable loss? To me it is not.

Oddly enough my biggest nudge to support the death penalty comes from the fact that there is a 0% chance anyone that mentally deranged can ever do something like that again, for the most part on "lesser" evils I don't feel jusify the death penalty, however there are some nut jobs out there that need to be removed permanently, with no hope of ever getting out, because there is a great deal wrong with them. The threat of it should always be there, even if it is never actually used. Otherwise who knows what some moron leaving office might take into his head to pardon (and trust me there are some very, very shady characters who have been pardoned (and I do *not* mean by GWB).

edit: cleaned it up a bit, still a tad disjointed as I removed a hunk that was going off topic. basic points: Dead psychos cannot hurt anyone. Politicians are crazy enough to put Psychos back ont he street for various reasons (see huckabees boo-boo)

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Quote:

I appreciate that you have invested your time in a thorough defense of how prison education is a good thing, but it would seem you totally ignored my last post.

Because it's every bit as good an investment as educating non-prisoners. Perhaps better. That was the point. It's really easy to poke holes, but you've got a counter-argument now. Do you believe that educating prisoners is a cost-effective way of preventing harm to citizens upon release? If so, then your question becomes something like, are you more worried about criminal recidivism and the cost of harsher laws, or educational subsidies for regular citizens?

You've still not explained your thinking behind the other question I answered. I believe the assumption behind your question is immoral and I'm curious how you defend it.

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Quote:

Politicians are crazy enough to put Psychos back ont he street for various reasons (see huckabees boo-boo)

This should read "see Huckabee's religious beliefs". Religion as an arbiter of morality can be just as bad as other systems.

"Sometimes I go around saying, 'Kommisar Paulson has seized the commanding heights of the economy!'" - Paul Krugman, asked if recent changes to banking are socialistic.