Where are the reasons for that cruel punishment ?
1) One reason for those condemnations seems to be the pedagogical effects for others( prevention in general ) But its not necessary to kill someone to reach that aim.In whole Europe there is no death penalty since second world war more or less.Following to Eu Charta this is also situation iu Russia,ukraine,Turkey,Israel and other memberes of 47 mrmbers of European council.A condemnation for lifetime is sufficient and cruel enough.That is what the crime rate of Europe can tell.
2) The second best argument is retalition,the jewish archaique givin g back what you have made to ballance a crime as an abstract thing by doing the same “an Eye for an eye”.But that is not the right way to balance a crime.Its much better to do something good in equal intensity to repair the dammage concerning law and victims and to educate the criminal! If the condemned works on his character during a condemnation for lifetime he can hope for mercy after 15 years in Germany!That is pedagogical called special prevention.Otherwise you have only a pedagogical effect only for the others called general prevention.
3) The third best argument is to minimize the costs caused by the criminal.But may a state decide what one life is worth in mo ney? He must not! “Jura non calculat!”(latin)That is not a honest argument of justice,law and order.This is an argument of hated primitive judge Lynch to save money and not acceptabl therefore
4) The forth best argument for the death penalty is that a person has an end for all the time witjhout any children.But do we have the right to end a person who has the same right without our state and before of any law,a person made by God and nature? In my view the society has the right to define a written law to protect its members and society.But it has certainly not the right to do more than necessary to protect themselves respecting human rights ! With prison for lifetime evry danger for a society is over.Therefore evrything more is a cruel forbidden use of law cause its not necessary as measure of justice and right.And which modern zivilised state of the first world has a death penalty today? Is that usual today? No! Almost no comparable state to USA apart from Japan has death penalty as measure of law today.Even within United States this is applicable only in 9 states and on US state level.Death penalty is cruel and unusual. Recently we saw how cruel death penalty measure can be even with new toxical sleeping cocktail.In that case it didn’t work properly.It went compltelly wrong.Cruel death needed 25 minutes and several kill tries like it was in the early 70ties with electric chair units.1972 that lead to a general stop for death penalty in all 51 staates and state level of USA by Supreme Court USA.Later a handful states tried other methods to avoid extraordinary cruelty like cyancaly gaschambers in Hitler’ways and finally this sleeping method. Therefore Amendment 8 of the American Constitution is still violated and therefore its forbitten in USA ! And apart from ill people there is a lot of signs and facts that the caracter of a person is not hereditary,but its intelligence and special intelligences like talents for 80 %! Then we must draw the conclusion that the same person is also made by society if something went wrong.Maybee the society gave no chance to use talents and intelligence at best for the society and personal honour,maybee it was a loose of education,wrong friends one wrong decision out of the blue in the Youth…Then we can’t make responsible the condamned criminal for his crime alone in standard cases ! It would be neccessary to kill also a part of ourselves for our part concerning a wrong way of life! Than its realy not allowed to take someones life away for our own mistakes by society! We should protect us but we should also try to make it better, giving what was needed to do a live within the law and to win a person for our societies with all his efforts as a honest working member.Especially we have to realize that the intelligent talented person,the strong person is in the wrong criminal hemisphere of society the most dangerous criminal ,but the best and the most useful for our society if he uses his forces in the good law hemisphere of society ! We should do all in our own interest to educate them to the right side,whenever its possible giving fair chances.That is the reasonable duty of a country concerning their child ren,their most important worth! And what is concerning sons never born of a killed wrong dealing person? The next generation has no crime if we do it right,avoiding heavy educational mistakes! It’s not hereditary on biological lvel.The person who has done an enourmous crime one time is maybee no danger at all for all future time if it was not his will in full consciousness and the drugabuser has maybee not a crime problem.His danger is maybee only caused by the drug!Then we should and we must heal them for our society!( special prevention )That is fair and more is not necessary.Its – PLAUSIBLE AND EQUIVALENT – plausible Than we shoulndt do more! I would say we have no right to do more faceing universe made by God.
5) The lastbest argument for a cruel punishment is simply hate following to the old antique jewish word “an eye for an eye a tooth for a tooth!” Hate concerning the criminal,his crimes….especially b y victims.But we all know : The victim is the worst judge!(apart from the accusated defendant )And “hate” is seldom a good advisor! We should understand ,but not follo w completely.He has a right to punish the criminal in a balanced human intensity.Its not the situation of a duell of two men fighting for their honour in a fair match! What’s about mistakes,pressure of the official opinions,hate manipulated senses,political manipulation and errors? We cant make it unhappened if it was wrong! If we do things like that,we couldnt have any open question about the accusated,condemmned defendant!”In dubio pro reo! (old, old latin = In doubt for the defendant )”But what is about the unequalty concerning black and white female and male rich and poor people? That is what statistics can tell: Its not equal! Than its not objective enough! Than we cant do that! Finally Im tortured and victim of mad vandalism in robberies.I realy know what hate is.But hate is not the best advisor! In my own case I couldnt be the judge.My bizeps has a strong opinion.But a state has to decide as objectively and neutraly as possible ! Who wants to spend his lifetime in prison? Who wants to be there for a decade ? Pedagogical reasons for the others as general prevention,the best argument for that cruelty is wrong as long as ! A severe prison penalty is cruel enough! More will not have any mesurable effect in standard cases.We cant strenghen the respect concerning the worth of law like life itsself of somebody else by violating and eliminateing it organized by state in the most intensive way! This is education towards violence and brutality.To reduce brutal crime we have to eliminate our acceptance of doing that in our society as an idea like we have given another worth in thinking of worlds society concerning war! We have to reduce the acceptance of a phenomenon “violence” and the phemonoenon of brute force with law by bizeps advertiseing for the better way in the name of holy gift of God! Where are the reasons for the cruel death penalty? There are no real ones ! Therefore we must be stronger and fair,winning the battle against our own hate abolishing death penalty on earth and within USA as a standard measure of law far away from millitary intensities of war.We want o live in peace Let’s educate educate societies to keep this alive.
(Copyright 1999 by Oliver Frederic Dieck,
out of my philosophy script,
updated Version 2014 )