Post Reply
Page 2 of 7  •  Prev 1 2 3 4 5 6 7 Next
Switch to Forum Live View United States Supreme 5 to 4 Decision- against the DP for child rape.
5 years ago  ::  Jul 02, 2008 - 12:46PM #11
mindis1
Posts: 6,061
[QUOTE=bubbysmommy;600035][COLOR="RoyalBlue"]I want the DP to remain intact, but revamped so that only those that are guilty beyond ANY doubt are executes. I want to make sure that there is no possibility that an innocent person is executed.[/QUOTE]

Well, how does one do that?  As far as I know, it is not possible to make a perfect justice system that doesn’t make mistakes.  A conviction itself is supposed to be a conviction “beyond a reasonable doubt.”  How would you revamp the legal system?

People sentenced to death are given automatic appeals.  Most, if not all, cases are reviewed by numerous judges in different courts.  Yet we know beyond any doubt that big mistakes are made in executions, and we also know that the color of one’s skin is a factor in whether one gets the death penalty. 

I can think of no better example than the Debra Milke case.  Neither you nor I know exactly what testimony was given during her trial or the demeanor of the witnesses.  But, to the best of my ability, I can see no reversible errors made by any court in this case.  The judge in the habeas case was extraordinarily thorough.  Yet ultimately her conviction is based on conjecture, not on evidence--the prosecutor was not able to establish that the detective’s statements that vaguely suggest her guilt were true; the jury merely believed the detective’s testimony over hers.  So is this one of the cases in which “there is no possibility that an innocent is executed”?  If there is a possibility of an error in this case and her conviction should be overturned, what was the error?

And even after constructing a perfect legal system that admits no errors, what is the death penalty supposed to accomplish for the benefit of society?
Quick Reply
Cancel
5 years ago  ::  Jul 02, 2008 - 1:06PM #12
divalicious
Posts: 363
Mindis quote: And even after constructing a perfect legal system that admits no errors, what is the death penalty supposed to accomplish for the benefit of society? :End Quote.

It would allow those of us who lived, who survived, to have a measure of peace.

tolerant sis Quote:
Are you saying you would prefer that a child rape victim be murdered, too? Because that would be the end result if the death penalty were to be imposed on child rapists. There would be NO incentive for the criminal to leave the only witness alive.

Even if ... IF ... the death penalty weren't unjustly meted out, even if there was any way to make sure we weren't murdering an innocent person, even if using the death penalty at all didn't leave us a pariah state in the world community, you still have to face that very, very stark fact.

The rapist would just kill the victim. If he hasn't got anything to lose, either way ... why would he take the risk that the child would identify him? : End Quote



Fear and conjecture aren't facts, tolorant sis. It is your opinion, and your unproven, faulty, twisted, reasoning that can be very damaging to survivors. Bet you didn't even consider them in your so called rational?

And, children don't feel guilt over someone being punished for a crime unless they are taught to feel guilt. Like say, forcibly being taught forgiveness dogma. Like say, browbeating your child to take up the position that a rapist is a human too. When any person who's experienced rape will tell you to your face, that your lying, and that your taking the side of a criminal monster.

Kids don't view the world in the convoluted terms that you view it in. And as for your first repulsive comment...No I wouldn't prefer that a rape victim be murdered, yet for some rapes it would be mercy.

Twist that any way you want to.

Divalicious
Quick Reply
Cancel
5 years ago  ::  Jul 02, 2008 - 1:36PM #13
divalicious
Posts: 363
You know what? Most woman, children, men don't report their rapes- check your facts.
The reason they don't report them is because our society refuses to deal with the realities of rape.
Ask most men, and they will tell you that it's just rough sex.

Mindis believes that many children make up their rapes, because a small contingency of children have told such a grave lie... then for sure most of them are lying, Right?

The only rapes that this country cares about, are the ones that make it to the evening news. And these rapes are so vicious, so aberrant, that they make our hair stand on end. It is part of our human condition to be repulsed, and to take permanent corrective measures.

Here is a site that you can go to to check your -facts, since you want to call them facts.
Maybe this can help you sober up to what I know as truth.

Your argument is disrespectful, because it perpetuates the patrichal myth that rape- just ain't that bad. After all, you is alive...Rub some dirt on it, and just stop whining. Right?

Check your facts.


http://www.rainn.org/statistics

Divalicious
Quick Reply
Cancel
5 years ago  ::  Jul 02, 2008 - 1:45PM #14
mindis1
Posts: 6,061
[QUOTE=divalicious;600472]Mindis quote: And even after constructing a perfect legal system that admits no errors, what is the death penalty supposed to accomplish for the benefit of society? :End Quote.

It would allow those of us who lived, who survived, to have a measure of peace.[/QUOTE]

The state killing people gives you peace?

It doesn't give me peace, and it doesn't give society peace.  It's just another murderous act.  We have plenty of those already, without the state perpetrating more of them.  If you get your peace from someone killing someone else, then you should have abundance of peace without needing the state to do any killing.

So, you haven't identified anything that the death penalty accomplishes for the benefit of society.
Quick Reply
Cancel
5 years ago  ::  Jul 02, 2008 - 1:51PM #15
mindis1
Posts: 6,061
[QUOTE=divalicious;600546]Mindis believes that many children make up their rapes, because a small contingency of children have told such a grave lie... then for sure most of them are lying, Right?[/QUOTE]

(1)  How about not putting words in my mouth that didn't say?  That isn't an honest thing to do.

(2)  Children's testimony is not reliable.  The evidence demonstrates that children are easily suggestible.
Quick Reply
Cancel
5 years ago  ::  Jul 02, 2008 - 1:57PM #16
bubbysmommy
Posts: 1,119
[COLOR="Teal"]I certainly hope that you are mistaken about Mindis theory concerning child rape victims lying. I can think of nothing more devastating than not being believed when a child is assaulted.[/COLOR]
Quick Reply
Cancel
5 years ago  ::  Jul 02, 2008 - 2:01PM #17
bubbysmommy
Posts: 1,119
[QUOTE=mindis1;600579](1)  How about not putting words in my mouth that didn't say?  That isn't an honest thing to do.

(2)  Children's testimony is not reliable.  The evidence demonstrates that children are easily suggestible.[/QUOTE]

[COLOR="Blue"]I can say this. MY child's testimony was beyond reproach. There was actual physical evidence to back up every single word that he said. He was brutally raped when he was just 5yrs old. DO NOT try to tell me that children are not reliable witnesses. This incredibly brave little boy not only suffered through a humiliating rectal rape exam at the age of 5, he was forced to recount the gruesome details over  & over again to 6 different people on the very 1st day! My son's story never changed. Not one time! He confronted the bastard in court & there was NEVER a doubt that he was truthful. Be very careful here, you are wrangling with the mother of a young rape victim here. [/COLOR]
Quick Reply
Cancel
5 years ago  ::  Jul 02, 2008 - 2:24PM #18
divalicious
Posts: 363
[QUOTE=Tolerant Sis;600612]I am sure you are much happier that your son is alive today, though, Bubby.  There is a strong chance that, if the DP had been on the table when the crime against him occurred, he might not be.[/QUOTE]

You opinion, not fact. Not even close. And your opinion is a gross spin on conflicting truths... We just can't kill the criminals, even though they get an ungodly amount of appeals, and chances
( their victims didn't) Even though science is present to refute claims of innocence...if the criminal isn't afraid to die then he/she will take the victims first... Show me proof. not your theory.

Sickening actually.


Hey mindis, I read your words. There is no doubt in my mind that you consider the word of children suspect, if you would think to err on the side of criminal rights.

Criminal rights over human rights. Killing doesn't give me peace, Mindis, knowing that one less rapist lives and breaths because of my tax dollars - gives me peace.

Your views, your words, I am just challenging you.
These are your ideologies, Stand by them good man.

Well?
Quick Reply
Cancel
5 years ago  ::  Jul 02, 2008 - 2:35PM #19
mindis1
Posts: 6,061
[QUOTE=bubbysmommy;600590][COLOR="Teal"]I certainly hope that you are mistaken about Mindis theory concerning child rape victims lying. I can think of nothing more devastating than not being believed when a child is assaulted.[/COLOR][/QUOTE]

Here is what the Supreme Court said and the references used in Kennedy:

Studies conclude that children are highly susceptible to suggestive questioning techniques like repetition, guided imagery, and selective reinforcement. See Ceci & Friedman, The Suggestibility of Children: Scientific Research and Legal Implications, 86 Cornell L. Rev. 33, 47 (2000) (there is “strong evidence that children, especially young children, are suggestible to a significant degree—even on abuse related questions”); Gross, Jacoby, Matheson, Montgomery, & Patil, Exonerations in the United States 1989 Through 2003, 95 J. Crim. L. & C. 523, 539 (2005) (discussing allegations of abuse at the Little Rascals Day Care Center); see also Quas, Davis, Goodman, & Myers, Repeated Questions, Deception, and Children’s True and False Reports of Body Touch, 12 Child Maltreatment 60, 61–66 (2007) (finding that 4- to 7-year-olds “were able to maintain [a] lie about body touch fairly effectively when asked repeated, direct questions during a mock forensic interview”).

I haven't looked up any of these three source as of now, but I suspect that they're pretty good--obviously Justice Kennedy read them.  As far as I know, there is nothing radical or unusual in the conclusions quoted here.  Perhaps you remember the McMartin daycare center case where children testified of outrageous kinds of sexual abuse--along with claiming of being taken up on spaceships and such things.  They were all convicted, but I believe the convictions were overturned.  There were a slew of such daycare center case around that time.

The reliability of children's testimony has always been questioned by courts.
Quick Reply
Cancel
5 years ago  ::  Jul 02, 2008 - 2:46PM #20
mindis1
Posts: 6,061
[QUOTE=divalicious;600674] Hey mindis, I read your words. There is no doubt in my mind that you consider the word of children suspect, if you would think to err on the side of criminal rights.[/QUOTE]

(1)  You have mistaken what I quoted with what you believe I said.  Go back and read my posts. 

(2)  I didn't raise any issue about "criminal rights".  When you say "criminal" you have already decided that someone is guilty of something.  The issue concerning the testimony of chilren is how much weight should be given to that testimony to convict someone who is merely accused of a crime. 


[QUOTE]Killing doesn't give me peace, Mindis, knowing that one less rapist lives and breaths[/QUOTE]

In death penalty cases, the way that someone's life and breath is taken is by the state killing.  Whatever distinction you're trying to make, it is a distinction without a difference. 

You still haven't identified anything the state accomplishes by engaging in killing that benefits society.
Quick Reply
Cancel
Page 2 of 7  •  Prev 1 2 3 4 5 6 7 Next
 
    Viewing this thread :: 0 registered and 1 guest
    No registered users viewing
    Advertisement

    Beliefnet On Facebook