Colorado shooter to face 24 counts of first-degree murder, 116 counts of attempted murder (2 Viewers)

[DavidM]

What problem do you have with the victims and their family dealing out the punishment?

Haven't I offered those reasons already?

And it's not just sentencing, at this point. You made references to Casey Anthony and OJ Simpson, which seems to introduce the verdict phase, as well.

If it really isn't already clear, I have a problem with the idea of people who are directly involved and emotionally invested in a crime being left to decide the fate of the accused. That change would completely undermine the core foundation of our legal system, which is based upon the due process you say you agree with. Do you really think outcomes (either verdicts or sentencing) are likely to be more fair with grieving or traumatized people making those decisions? It doesn't make sense to point out the flaws with juries, then suggest the fix to that is turn it over to revenge-seeking family members.

I have inquired as to how you would select the family members and the process by which they would reach their decision, especially in a crime like this one that involves so many people.

I also have raised the consideration that some victims or their relatives would not want the burden of making that decision, and shouldn't have the guilt of that decision weighing on them if they aren't willing. And it isn't equitable to have a system where we give victims and relatives the option and divert back to a jury if they decline because we can't have a system that tries and/or sentences people in that radically different of a way.

 

[DavidM]

Your from Louisiana right? Did operation wrinkled robe not shake your faith in the judicial system?

NVM, I see your from Texas. You familiar with Judges Limas and Jones who are going to prison? Does that not shake your faith in the system?

I spent much of my life in Louisiana and have resided in Austin for about six years.

I've already acknowledged there are flaws in the system. I have also stated that I believe what you are advocating for isn't actually practical.

Pointing out instances of corruption does nothing to justify the position you are taking unless you think victims or their family members would be immune from making mistakes or acting out of biased revenge. If that is the case, then I think you are mistaken on that point, as well.

 

[El Caliente]

In this particular case it should be pretty open and shut right? So what is the harm in letting the family determine the punishment? What the punishment won't fit the crime?

I think given that the system isn't perfect it will have flaws. No point in not trying to try new things to make it better...if not more interesting.

 

[DavidM]

In this particular case it should be pretty open and shut right? So what is the harm in letting the family determine the punishment? What the punishment won't fit the crime?

Forget everything else for a second and let's focus on this: Is there some provision in Colorado state law that allows the court to defer the verdict and or sentencing to the survivors and family members of victims when cases appear to be "open and shut" in the manner in which you are describing?

I'm acting under the assumption that no such provision exists and Colorado follows the same common model of judge and jury trials in place throughout the United States.

 

[El Caliente]

Your asking if the Colorado judicial system allows the victims or their families to decide the verdict and sentencing? No, I don't believe that they do. Which is why I hope for the sake of the victims and their families they get it right.

 

[Saint_Kyle]

The death penalty would be an easy way out for this coward. Let him sit in prison in solitary confinement for 80 years. That is way worse than death.

 

[Sun Wukong]

The death penalty would be an easy way out for this coward. Let him sit in prison in solitary confinement for 80 years. That is way worse than death.

Not really. He's incredibly mentally ill. He'd probably be heavily medicated and not even know he was in the world most of the time.

Note, I am not advocating the death penalty. I laid out in another thread why I believed that isn't much of a punishment for him either (short version: he doesn't care if he dies. He forfeited his life, either by getting shot or the death sentence afterwards, the second he made a choice to do what he did. And he knew it. The threat of death holds no punishment for him.).

And therein lies the problem: When a person is so crazy that basic humanity no longer factors into their thought processes, our concepts of punishment are rendered fully impotent. It's like Charles Manson. That dude doesn't give a **** he'll spend the rest of his life in jail. He's completely insane.