If we have a cold and calculated killer who has given a confession and there is irrefutable evidenced then the answer should be yes.
However what is irrefutable? We need DNA that places them at the crime and it confirms a time line with blood or semen that must prove more than they where there, it must prove that there is absolutely no doubt the crime was committed by this person.
Circumstantial evidence is not enough.
Semen proves intercourse it does not prove murder. A few splatters of blood may prove a violent act, more blood than it is capable to live on their clothes is irrefutable evidence of committing murder in that time span.
However what are we dealing with, is it a sane murder or that of an addict or mentally challenged individual. It must be that of a deranged killer not a mentally ill or unstable addict unaware of their actions.
Some people need long term if not a life time of medical care not incarceration or death.
You may well end up in a place where your medical condition has no cure in which case life means life. However in areas such as terrorism where people are murdered by exploding a bomb without regard for the target then the rational, clinically sane murder should experience the ultimate justice.
In cases where individuals have killed under extreme circumstance that have threatened their lives it may well be that it must be judged was their actions such that any fair minded individual may have acted in a similar manor?
If someone visits my home with a life threatening weapon or tries to invade the privacy of my car or office or in the street with a weapon intend on significant harm that may be life threatening then in these circumstance a sentence is fair if restraint moves from unconsciousness to death, however in these circumstances capital punishment is unjustified particularly if the death was an unexpected outcome.
It all boils down to intent and premeditation based on a rational hate filed mind, accidental death or a state of not knowing by mental defect or addiction is not sufficient cases for capital punishment.
A rape should be a minimum of 10 years if there is clear proof of a non consensual act, 20 years if it is with a minor, 20 if it is death if we are talking under the influence of no substances or substance that the person has no addiction to.
However causing a death twice should be an automatic capital punishment if intent and premeditation is proven assuming no mental defect is present.
I am not pro capital punishment however under certain circumstances it is just as we have no better solution. However it is vitally important that capital punishment is only used when proof is absolute when referring to a sane mine with intent and premeditation.
Much as murderous addicts and mentally deficient individuals may murder this in it’s self is not sufficient grounds for capital punishment.
An individual must have the right to defend themselves and under these circumstances capital punishment is not acceptable. However if an individual was to murder my family or friends and I took it in to my hands to my hands to kill that individual with intent and premeditation then even with intent and premeditation the term should be life until they pass instead of capital punishment.
Capital punishment should be used as a last resort and very, very sparingly, political and social pressure must have absolutely no bearing on the outcome.
Judge it on the bases under the circumstances what would you do, and is this sufficient grounds for latitude? If there is absolutely any case for latitude then capital punishment is not an option.
In the 21st century we should not use capital punishment however at times it is the only fair and reasonable solution however it should be by injection inflicted by a random method so no one can say they took a life unjustly.
Hopefully as we move forward to the 22nd century we can find a way of creating a much better solution that is more pro active than reactive. We all create an environment of violence by our inaction to change the environment that makes this possible.
What have you done today to make this world a safer more tolerant society?
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