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You tell me the reason for executing a criminal, and then I'll tell you whether a condition they are born with ought to be a factor. But first, I need to know the purpose you have in mind for killingl them.
Any nation that does not use execution (almost all of them) doesn't even need to raise this question. They can get on with the business of criminal justice and penology without needing to split this hair.
That doesn't mean that such nations are not interested in this research. It means that they can consider it's ramifications intelligently and rationally, with respect to all criminal activity, and not limit their scope to stays of execution.
The only exception in law is insanity not just a socail diease. They know perfectly what they are doing which means they are responsible for their actions.
Sociopaths obviously know right from wrong, because they try to hide the evil things that they do, and avoid detection, leave no clues, hide their trail and cover their tracks. In fact, most of them never get arrested. Some authorities believe that as high as 5% of the male population exhibits sociopathic behavior patterns.
It's a personality, there are plenty of sociopathic people who do not commit crimes that would land them in our penal system, it wouldn't be at all surprising to find out that quite a few have great power in our country. And yes, they should be held accountable for their actions.
behavior labeling - more jobs for lawyers in hard times
It matters not if you were run over and killed by a toyota, honda or a ford, the result is the same.
Forget the labels, be concerned that a life has been taken.
Average yearly cost to put a criminal in prison had beeen quoted at about 40K. Legal costs have to dwarf that figure. Subsequent 'feel good' laws motivated by politicians to curry favor, follow the more heinous crimes to steal more freedom from the citizenry. Each crime causes a cascade of events that diminish a society's quality of life. Executions generate tons of money in the pockets of lawyers compliments of deep pocketed taxpayers. Perhaps if we could get a legal discount, execution might be more afforable.
Society has to take reasonable precautions to protect itself. In a culture where abortion is legal, execution should not be big ethical leap. Outlaw abortion and eliminate criminal executions to be consistent.
Of course a surgical remedy for any pathology might be preferred to execution except in the most violent crimes.
A killer could be executed and argued to still be 'alive' by twist and stroke of legal language, thus mitigating the 'guilt' of having sanctioned the death of a criminal. Only in the land of the lawyer would that thought be possible.
Still another solution is a plea deal and witness protection for many killers.
Given time, all criminals will have had their behavior categorically mapped as their victims will continue to die. More concerned with the pending death of prospective victims than predicitve formulas for revealing killers or mitigating their punishment.
Off the coast of Maine their are lots of little islands like cow island or sheep island or goat island. On the other side of the world there is a penal colony called Austraila. Perhaps a sociopath island might be built from used tires 12 miles off the Jersey coastline.
In a discussion of best and worst prisons it has been revealed the countries with no execution have quite limited 'life sentences' for murderers. How would that make a victim's family feel knowing that in short order their kin's killer would move back into town?
Then there was the local guy who stabbed his wife with a screwdriver 40xs because she morphed into a devil in the form of a fish. ended up in a half way house, married his nurse and was released under her custody. He predictably stopped taking his med and his wife turned him in. Might want to keep him around and locked up unlike the guy who beat, tortured, raped a woman and left her infant on a sidewalk overnight out in the cold. Gosh was he a sociopath? don't think her family cares. But heaven forbid a lawyer should not be able to earn a living beating that case to death.
Depends on the crime. Yes, it is their fault(unless they are deemed criminally insane). As far as treatment goes, besides prison, there are mental institutions, half way houses, etc.
I'm still not sure why the criminally insane doesn't get the death penalty. Suppose we tell his family, you can take him home with you or he gets the chair.
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