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	<title>Comments on: Debating the death penalty?</title>
	<atom:link href="http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/feed/" rel="self" type="application/rss+xml" />
	<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/</link>
	<description>Fearlessly dispensing political, legal and economic analysis (and some whimsy) since 2002</description>
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	<item>
		<title>By: melaleuca</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-322043</link>
		<dc:creator>melaleuca</dc:creator>
		<pubDate>Sun, 05 Oct 2008 09:59:34 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-322043</guid>
		<description>In medieval times Homer could have expected the death penalty for crimes against both logic and the King&#039;s English. At the very least he would&#039;ve got the rack ;)</description>
		<content:encoded><![CDATA[<p>In medieval times Homer could have expected the death penalty for crimes against both logic and the King&#8217;s English. At the very least he would&#8217;ve got the rack ;)</p>
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	<item>
		<title>By: Michael Kalecki</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-322038</link>
		<dc:creator>Michael Kalecki</dc:creator>
		<pubDate>Sun, 05 Oct 2008 08:36:13 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-322038</guid>
		<description>Ken, 

Sorry but I am not going to continue this.
From no.5 I have been consistent.

Others have brought in what they thought was &#039;eyewitness accounts.
you still won&#039;t accept either of the two cases I have put forward as examples of what I am talking about.

If you actually bother to read those aaid cases that Mel brought up have a guess from what age they were?
Times have changed and for the better</description>
		<content:encoded><![CDATA[<p>Ken, </p>
<p>Sorry but I am not going to continue this.<br />
From no.5 I have been consistent.</p>
<p>Others have brought in what they thought was &#8216;eyewitness accounts.<br />
you still won&#8217;t accept either of the two cases I have put forward as examples of what I am talking about.</p>
<p>If you actually bother to read those aaid cases that Mel brought up have a guess from what age they were?<br />
Times have changed and for the better</p>
]]></content:encoded>
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	<item>
		<title>By: ken.miles</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-321994</link>
		<dc:creator>ken.miles</dc:creator>
		<pubDate>Sun, 05 Oct 2008 03:33:54 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-321994</guid>
		<description>Homer, you&#039;re doing a running retreat here. First, eyewitness evidence is good enough. Then the light needs to be good for it to count. After that, the defence needs to have a good lawyer. Now it needs to be backed up with forensic evidence.

I guess what you&#039;re trying to say is that seeing someone murder isn&#039;t that clear cut.

I&#039;m not going to talk to a barrister, because I feel that the burden of proof lies with the person making the ludicrous statement which was offered with no evidence. And even if you found a barrister who thought that he was an infallible lie detector, all what you would have demonstrated was that barrister&#039;s can be deluded.</description>
		<content:encoded><![CDATA[<p>Homer, you&#8217;re doing a running retreat here. First, eyewitness evidence is good enough. Then the light needs to be good for it to count. After that, the defence needs to have a good lawyer. Now it needs to be backed up with forensic evidence.</p>
<p>I guess what you&#8217;re trying to say is that seeing someone murder isn&#8217;t that clear cut.</p>
<p>I&#8217;m not going to talk to a barrister, because I feel that the burden of proof lies with the person making the ludicrous statement which was offered with no evidence. And even if you found a barrister who thought that he was an infallible lie detector, all what you would have demonstrated was that barrister&#8217;s can be deluded.</p>
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	<item>
		<title>By: Michael Kalecki</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-321969</link>
		<dc:creator>Michael Kalecki</dc:creator>
		<pubDate>Sun, 05 Oct 2008 01:01:57 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-321969</guid>
		<description>Ken,

go talk to a barrister who practices.

These days of forensics is entirely different to yesteryear.

Even in eyewitness evidence it has to be verified by forensic evidence.

I still note you do not quibble with my examples of eyewitness defence which I might say are cases where there is NO doubt not cases of beyond reasonable doubt.</description>
		<content:encoded><![CDATA[<p>Ken,</p>
<p>go talk to a barrister who practices.</p>
<p>These days of forensics is entirely different to yesteryear.</p>
<p>Even in eyewitness evidence it has to be verified by forensic evidence.</p>
<p>I still note you do not quibble with my examples of eyewitness defence which I might say are cases where there is NO doubt not cases of beyond reasonable doubt.</p>
]]></content:encoded>
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	<item>
		<title>By: ken.miles</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-321792</link>
		<dc:creator>ken.miles</dc:creator>
		<pubDate>Sat, 04 Oct 2008 07:45:37 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-321792</guid>
		<description>Homer, here is a little secret; barristers (competent or not) are not magic. While they may be a good judge of a persons honesty, they cannot 100% of the time a) be correct and b) prove that a person is lying in a court of law.

In the real world, innocent people have spent time of death row having been convicted, in part, because of the word of a witness who lied.</description>
		<content:encoded><![CDATA[<p>Homer, here is a little secret; barristers (competent or not) are not magic. While they may be a good judge of a persons honesty, they cannot 100% of the time a) be correct and b) prove that a person is lying in a court of law.</p>
<p>In the real world, innocent people have spent time of death row having been convicted, in part, because of the word of a witness who lied.</p>
]]></content:encoded>
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	<item>
		<title>By: Michael Kalecki</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-321779</link>
		<dc:creator>Michael Kalecki</dc:creator>
		<pubDate>Sat, 04 Oct 2008 06:18:33 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-321779</guid>
		<description>Ken,


as I said talk to any competent barrister.

I am not claiming a significant minority for all cases.

You don&#039;t get it inded you do not even understand the argument that was made way back at no. 5</description>
		<content:encoded><![CDATA[<p>Ken,</p>
<p>as I said talk to any competent barrister.</p>
<p>I am not claiming a significant minority for all cases.</p>
<p>You don&#8217;t get it inded you do not even understand the argument that was made way back at no. 5</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: ken.miles</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-321773</link>
		<dc:creator>ken.miles</dc:creator>
		<pubDate>Sat, 04 Oct 2008 04:54:11 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-321773</guid>
		<description>&lt;blockquote&gt;It is rather easy for a lawyer to show a eyewitness is lying. Just ask any practising barrister.&lt;/blockquote&gt;

WTF? Are you serious? 

&lt;blockquote&gt;I have given two examples of eyewitness evidence which you have completely ignored.&lt;/blockquote&gt;

You don&#039;t get it. Nobody is claiming that all eyewitness testimony is wrong. Just that a significant minority is.</description>
		<content:encoded><![CDATA[<blockquote><p>It is rather easy for a lawyer to show a eyewitness is lying. Just ask any practising barrister.</p></blockquote>
<p>WTF? Are you serious? </p>
<blockquote><p>I have given two examples of eyewitness evidence which you have completely ignored.</p></blockquote>
<p>You don&#8217;t get it. Nobody is claiming that all eyewitness testimony is wrong. Just that a significant minority is.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Michael Kalecki</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-321769</link>
		<dc:creator>Michael Kalecki</dc:creator>
		<pubDate>Sat, 04 Oct 2008 03:28:57 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-321769</guid>
		<description>Ken,

It is rather easy for a lawyer to show a eyewitness is lying. Just ask any practising barrister.

Mel,
I have given two examples of eyewitness evidence which you have completely ignored.
I do believe we actually agree on when people should not be given capital punishment unless you believe eyewitnesses to the Oswald murder was unreliable!

If the defendant has not representation then capital punishment would or should be automatically negated.</description>
		<content:encoded><![CDATA[<p>Ken,</p>
<p>It is rather easy for a lawyer to show a eyewitness is lying. Just ask any practising barrister.</p>
<p>Mel,<br />
I have given two examples of eyewitness evidence which you have completely ignored.<br />
I do believe we actually agree on when people should not be given capital punishment unless you believe eyewitnesses to the Oswald murder was unreliable!</p>
<p>If the defendant has not representation then capital punishment would or should be automatically negated.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: ken.miles</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-321768</link>
		<dc:creator>ken.miles</dc:creator>
		<pubDate>Sat, 04 Oct 2008 03:16:33 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-321768</guid>
		<description>Also, some eyewitnesses simply lie for a variety of reasons. In Homer-land a lying jailhouse snitch would be sufficient to send a man to the gas chamber simply on the basis of his word.</description>
		<content:encoded><![CDATA[<p>Also, some eyewitnesses simply lie for a variety of reasons. In Homer-land a lying jailhouse snitch would be sufficient to send a man to the gas chamber simply on the basis of his word.</p>
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		<title>By: melaleuca</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-321767</link>
		<dc:creator>melaleuca</dc:creator>
		<pubDate>Sat, 04 Oct 2008 02:59:49 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-321767</guid>
		<description>Homer says:

&quot;You cannot be an eyewitness in poor lighting for example.&quot;

It isn&#039;t only the lighting that&#039;s none too bright on this thread :)

AS per my link, cross race eyewitness accounts are notoriously unreliable irrespective of other factors.</description>
		<content:encoded><![CDATA[<p>Homer says:</p>
<p>&#8220;You cannot be an eyewitness in poor lighting for example.&#8221;</p>
<p>It isn&#8217;t only the lighting that&#8217;s none too bright on this thread :)</p>
<p>AS per my link, cross race eyewitness accounts are notoriously unreliable irrespective of other factors.</p>
]]></content:encoded>
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		<title>By: NPOV</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-321739</link>
		<dc:creator>NPOV</dc:creator>
		<pubDate>Sat, 04 Oct 2008 01:42:33 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-321739</guid>
		<description>Despite the fact than in modern court cases, circumstantial evidence is often evaluated at accuracy rates of over 90%, whereas there&#039;s plenty of studies showing eyewitness evidence being as little as 50% reliable?</description>
		<content:encoded><![CDATA[<p>Despite the fact than in modern court cases, circumstantial evidence is often evaluated at accuracy rates of over 90%, whereas there&#8217;s plenty of studies showing eyewitness evidence being as little as 50% reliable?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Michael Kalecki</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-321737</link>
		<dc:creator>Michael Kalecki</dc:creator>
		<pubDate>Sat, 04 Oct 2008 01:21:57 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-321737</guid>
		<description>I suspect we are talking at cross purposes here.

Lee Harvey Oswald would NOT have been sentenced to death as evidence was circumstantial.
Jack Ruby would have.
Martin Bryant would have whereas Lindy Chamberlain would not have.</description>
		<content:encoded><![CDATA[<p>I suspect we are talking at cross purposes here.</p>
<p>Lee Harvey Oswald would NOT have been sentenced to death as evidence was circumstantial.<br />
Jack Ruby would have.<br />
Martin Bryant would have whereas Lindy Chamberlain would not have.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: NPOV</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-321581</link>
		<dc:creator>NPOV</dc:creator>
		<pubDate>Fri, 03 Oct 2008 08:42:55 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-321581</guid>
		<description>&quot;You cannot be an eyewitness in poor lighting&quot;

I take it there&#039;s not much of troll moderation policy at Club Troppo then...</description>
		<content:encoded><![CDATA[<p>&#8220;You cannot be an eyewitness in poor lighting&#8221;</p>
<p>I take it there&#8217;s not much of troll moderation policy at Club Troppo then&#8230;</p>
]]></content:encoded>
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		<title>By: Michael Kalecki</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-321569</link>
		<dc:creator>Michael Kalecki</dc:creator>
		<pubDate>Fri, 03 Oct 2008 07:50:17 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-321569</guid>
		<description>Mel,

Sorry old son but that isn&#039;t eyewitnesses.

You cannot be an eyewitness in poor lighting for example.

Perhaps you need to read through the link.
I failed to see any clearcut evidence provided in it to convict a person.</description>
		<content:encoded><![CDATA[<p>Mel,</p>
<p>Sorry old son but that isn&#8217;t eyewitnesses.</p>
<p>You cannot be an eyewitness in poor lighting for example.</p>
<p>Perhaps you need to read through the link.<br />
I failed to see any clearcut evidence provided in it to convict a person.</p>
]]></content:encoded>
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	<item>
		<title>By: melaleuca</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-321373</link>
		<dc:creator>melaleuca</dc:creator>
		<pubDate>Thu, 02 Oct 2008 13:54:30 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-321373</guid>
		<description>Homer says:

&quot;Seeing someone murder is pretty clear cut&quot;

No it isn&#039;t. In fact incorrect eyewitness accounts are the leading cause of wrongful convictions. 

&quot;Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing.&quot;

http://www.innocenceproject.org/understand/Eyewitness-Misidentification.php

Now stop making absurd and clearly false claims Mr Paxton.</description>
		<content:encoded><![CDATA[<p>Homer says:</p>
<p>&#8220;Seeing someone murder is pretty clear cut&#8221;</p>
<p>No it isn&#8217;t. In fact incorrect eyewitness accounts are the leading cause of wrongful convictions. </p>
<p>&#8220;Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing.&#8221;</p>
<p><a href="http://www.innocenceproject.org/understand/Eyewitness-Misidentification.php">http://www.innocenceproject.org/understand/Eyewitness-Misidentification.php</a></p>
<p>Now stop making absurd and clearly false claims Mr Paxton.</p>
]]></content:encoded>
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		<title>By: NPOV</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-321340</link>
		<dc:creator>NPOV</dc:creator>
		<pubDate>Thu, 02 Oct 2008 09:45:34 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-321340</guid>
		<description>Try googling &quot;unreliability of eyewitness&quot;, Michael.

If anything circumstantial evidence is more reliable.</description>
		<content:encoded><![CDATA[<p>Try googling &#8220;unreliability of eyewitness&#8221;, Michael.</p>
<p>If anything circumstantial evidence is more reliable.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Michael Kalecki</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-321306</link>
		<dc:creator>Michael Kalecki</dc:creator>
		<pubDate>Thu, 02 Oct 2008 07:25:31 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-321306</guid>
		<description>by gingo you cn find some extraordinary excuses to excuse people murdering people.

Mel,

Seeing someone murder is pretty clear cut</description>
		<content:encoded><![CDATA[<p>by gingo you cn find some extraordinary excuses to excuse people murdering people.</p>
<p>Mel,</p>
<p>Seeing someone murder is pretty clear cut</p>
]]></content:encoded>
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	<item>
		<title>By: NPOV</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-320897</link>
		<dc:creator>NPOV</dc:creator>
		<pubDate>Tue, 30 Sep 2008 01:34:13 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-320897</guid>
		<description>It&#039;s also an interesting phenomenon that while execution is known to create martyrs, jail almost never does.

I&#039;m willing to bet that Saddam is still a hero to many, and will be for some time.  If he had been thrown in jail cell and &quot;left to rot&quot; as it were, it seems more likely that previous supporters would soon come to see him as little more than a pathetic failure (even if they never acknowledge his actual status as a brutal tyrant with minimal respect for human rights).</description>
		<content:encoded><![CDATA[<p>It&#8217;s also an interesting phenomenon that while execution is known to create martyrs, jail almost never does.</p>
<p>I&#8217;m willing to bet that Saddam is still a hero to many, and will be for some time.  If he had been thrown in jail cell and &#8220;left to rot&#8221; as it were, it seems more likely that previous supporters would soon come to see him as little more than a pathetic failure (even if they never acknowledge his actual status as a brutal tyrant with minimal respect for human rights).</p>
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		<title>By: Dr S</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-320896</link>
		<dc:creator>Dr S</dc:creator>
		<pubDate>Tue, 30 Sep 2008 01:19:44 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-320896</guid>
		<description>Just an aside on Bryant...
Firstly, he has a moderate intellectual disability with a mental age around 10 years old. It is not entirely clear he understood what death actually meant, although he probably did. It should also be noted that he was a ward of the court at the time of the Port Arthur massacre, officially a child under protection of the state. Every one of his guns was registered and individually approved by a magistrate, despite a history of violence.

Secondly, the particular crime of mass killing is one particularly unsuited to the death penalty (not that I think ANYTHING is suited to the death penalty). Amok arose in Malaysia. Once life becomes unlivable you take your weapon and kill until you are cut down, regaining you honor in the process. The British stopped it within a few years by the judicious use of lunatic asylums. No honor in being declared insane, you see. Easiest way to avoid further amok? Keep them alive and make the humiliation public. Now, if someone can just explain that to the US...</description>
		<content:encoded><![CDATA[<p>Just an aside on Bryant&#8230;<br />
Firstly, he has a moderate intellectual disability with a mental age around 10 years old. It is not entirely clear he understood what death actually meant, although he probably did. It should also be noted that he was a ward of the court at the time of the Port Arthur massacre, officially a child under protection of the state. Every one of his guns was registered and individually approved by a magistrate, despite a history of violence.</p>
<p>Secondly, the particular crime of mass killing is one particularly unsuited to the death penalty (not that I think ANYTHING is suited to the death penalty). Amok arose in Malaysia. Once life becomes unlivable you take your weapon and kill until you are cut down, regaining you honor in the process. The British stopped it within a few years by the judicious use of lunatic asylums. No honor in being declared insane, you see. Easiest way to avoid further amok? Keep them alive and make the humiliation public. Now, if someone can just explain that to the US&#8230;</p>
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	<item>
		<title>By: melaleuca</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-320730</link>
		<dc:creator>melaleuca</dc:creator>
		<pubDate>Mon, 29 Sep 2008 04:30:54 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-320730</guid>
		<description>Alright Homer, tell us what conditions must exist for there to be NO DOUBT.</description>
		<content:encoded><![CDATA[<p>Alright Homer, tell us what conditions must exist for there to be NO DOUBT.</p>
]]></content:encoded>
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		<title>By: FDB</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-320728</link>
		<dc:creator>FDB</dc:creator>
		<pubDate>Mon, 29 Sep 2008 03:58:15 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-320728</guid>
		<description>Alright Homer, now what are you talking about?</description>
		<content:encoded><![CDATA[<p>Alright Homer, now what are you talking about?</p>
]]></content:encoded>
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		<title>By: Michael Kalecki</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-320727</link>
		<dc:creator>Michael Kalecki</dc:creator>
		<pubDate>Mon, 29 Sep 2008 03:50:48 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-320727</guid>
		<description>post modernists might have trouble both those people in the real world wouldn&#039;t.</description>
		<content:encoded><![CDATA[<p>post modernists might have trouble both those people in the real world wouldn&#8217;t.</p>
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		<title>By: FDB</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-320726</link>
		<dc:creator>FDB</dc:creator>
		<pubDate>Mon, 29 Sep 2008 01:59:37 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-320726</guid>
		<description>&quot;You use the death penalty when there is NO doubt.

you cannot possibly use it if there is.&quot;

Except, say, all those times when you can and do. Even with a guilty plea there can be doubt. Then there&#039;s doubt about things other than guilt - mitigating factors etc. If you were to be rigorous and consistent in applying your &quot;only when there&#039;s NO doubt&quot; clause, you&#039;d find yourself arguing for a theoretical death penalty which will NEVER be carried out. Fine by me, but I&#039;m happier with the shortcut.</description>
		<content:encoded><![CDATA[<p>&#8220;You use the death penalty when there is NO doubt.</p>
<p>you cannot possibly use it if there is.&#8221;</p>
<p>Except, say, all those times when you can and do. Even with a guilty plea there can be doubt. Then there&#8217;s doubt about things other than guilt &#8211; mitigating factors etc. If you were to be rigorous and consistent in applying your &#8220;only when there&#8217;s NO doubt&#8221; clause, you&#8217;d find yourself arguing for a theoretical death penalty which will NEVER be carried out. Fine by me, but I&#8217;m happier with the shortcut.</p>
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		<title>By: Michael Kalecki</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-320718</link>
		<dc:creator>Michael Kalecki</dc:creator>
		<pubDate>Mon, 29 Sep 2008 01:26:33 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-320718</guid>
		<description>With the greatest respect incontrovertible is not and has never been beyond reasonable doubt.

Most people, though I note at least one, would regard the Bryant case as incontrovertible. We had eyewitnesses seeing him murder people.

Indirect evidence is not incontrovertible.

You use the death penalty when there is NO doubt.

you cannot possibly use it if there is.</description>
		<content:encoded><![CDATA[<p>With the greatest respect incontrovertible is not and has never been beyond reasonable doubt.</p>
<p>Most people, though I note at least one, would regard the Bryant case as incontrovertible. We had eyewitnesses seeing him murder people.</p>
<p>Indirect evidence is not incontrovertible.</p>
<p>You use the death penalty when there is NO doubt.</p>
<p>you cannot possibly use it if there is.</p>
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		<title>By: Pappinbarra Fox</title>
		<link>http://clubtroppo.com.au/2008/09/26/debating-the-death-penalty/#comment-320714</link>
		<dc:creator>Pappinbarra Fox</dc:creator>
		<pubDate>Sun, 28 Sep 2008 21:58:34 +0000</pubDate>
		<guid isPermaLink="false">http://clubtroppo.com.au/?p=5923#comment-320714</guid>
		<description>Tell us Ken, would you be personally willing to pull the lever that caused someone else&#039;s death?</description>
		<content:encoded><![CDATA[<p>Tell us Ken, would you be personally willing to pull the lever that caused someone else&#8217;s death?</p>
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