Quote:
Originally Posted by notabook
They are not oblivious to the implications of sex - that's a "duh". However, the law currently states that they are (hence 16/17 years of age in most states/countries for consensual sex). One of the minors in the story was 14, who by law, cannot consensually consent to sex (meaning that he/she must be oblivious to the implications of sex). If that 14 year old cannot understand the implications of sex, then they surely cannot understand the concept of murder and should never, ever be subject to the death penalty ? especially when no ?death? has taken place. Punishments must fit the crime? the death penalty could not be applied unless they took a life.
The story is quite heinous, and yes in many ways it seems to be far worse than most murders. It was sadistic what they did, beyond sadistic really. Each of those people who contributed to the act? apparently 10 in total? each one was a Charles Manson in the making. Who knows if this was the first act of such utter depravity they have committed? These people who did this act though.. they were fucked up from the start, their brains were hardwired wrong from birth. It is my firm belief that you cannot learn to be a ?Charles Manson?. You are born that way. You don?t learn to become a sadistic monster that forces the child of a mother to have sex with his mother.
Take these people and put them in prison for the rest of their days with no chance of parole. I get what you are saying in your post completely, I really do. But don?t kill them. By killing them, you become a little bit like them in the process (even in this case if nobody died, you get my point).
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On your first paragraph, I have two things to say. First, I agree with you that the death penalty for minors has no place in a society which prohibits them from having sex. However, I think that the fault here is with the latter law. Considering the fact that roughly 50% of people have sex before reaching the age of 16, I believe that that is clearly the wrong age limit to use. Age of consent laws (on subjects such as sex and alcohol) often reflect the unwillingness of parents to have their children do what they themselves did when they were the same age.
With regards to the second point you make in your first paragraph, that the punishment must fit the crime, I disagree. One who takes a life in justified anger, in my view, undoubtedly deserves a different punishment than one who takes a life out of greed, or one who takes a life motivated by pleasure.
I agree with you that there is a big chance that the tendency to commit such acts is likely to be determined in large part by genes. However, even if it were not, it would not make much of a difference - one does not choose ones initial environment, and thus ones personality, which is determined by genes and environment, is something one can not choose. Since this personality is what shapes later choices, which in turn further shape ones personality, it is impossible to speak of a truly "free" decision to become what one is.
Therefore, when I refer to these people as "evil", I do not intend to say that they are people who knowingly and willingly choose to perform evil actions. Rather, I mean to say that they are, indeed, a physical embodiment of evil. This is not their fault, and therefore they should not be punished by inflicting upon them the same kind of suffering that they inflicted upon others. Rather, they should be removed entirely. Quickly and painlessly, not as a punishment, but as the act which can remove their presence from humanity in the gentlest and most efficient way.
That is also why I do not agree with your statement that one would become more like them by executing them. Certainly, following ones initial moral outrage here - by having them brutally raped and slaughtered in the most painful way possible - would achieve that. That, however, is not what I am in favor of. I merely believe their miserable lives should be ended in the same way one would end the life of a rabid dog - not for the sake of revenge, but to remove them from this world.
(please note, practically speaking, I agree with you in that prison sentences are probably the best option - if only because no court will ever be able to fully determine guilt)