Scott Peterson gets death penalty recommendation — Page 6

Tiff – how does the theory of RJ apply to the Kobe case? You could assume that Kobe did indeed commit the crime. He then reached a monetary agreement with the victim. She would not testify in the criminal case and then later the civil case would be dismissed pursuant to the agreement reached behind the scenes.

Thanks for the URL Tiff. I really do appreciate it.

As for the link to my poll, it was published in a book I have called Capital Punishment: A Reader, edited by Glen H. Stassen.

As for restorative justice, I can't say I know enough about it to make a strong enough claim. The reason I use the poll when talking about CP is just to demonstrate that the "overwhelming support of the majority for CP" is not necessarily as overwhelming as one may think.

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That's one of the main sources--it's an anthology that looks at CP (and punishment in general) from a variety of views. Very interesting.

Also using "Morality and Moral Controversies: Readings in Moral, Social, and Political Philosophy," an anthology edited by John Arthur.

Contemporary Moral Issues in a Diverse Society, Ed. Julie McDonald. Wadsworth Publisher, 1998.

And an obviously biased link, but:
http://www.amnestyusa.org/abolish/worldwide.html
And another:
www.deathpenaltyinfo.org

And may I say, wow, that sounds like fun!

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Both.
The Capital Punishment definitely covers both, as does "Morality and Moral Controversies."

That study was analyzed in a couple journals, here they are if that's of any help:

American Journal of Criminal Law 22 (1994)
Journal of Research in Crime and Delinquency 32 (1995)

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You lost me at LPOW+R. Too many acronyms. Wha?

Thanks for the journals. I'll try to check them out today.

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Jess and Tiff: thanks for the exchange.

Re Juvenile Offenders

If you are old enough to pull the trigger & snuff out an innocent life, you are old enough to get adult punishment or get it once you turn 18

Some of the most vicious killers are under 18 including 1 of the beltway snipers

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Mr Roxy: Here are a few selected quotes from the recent Supreme Court decision that might shed a little light on the issue of the death penalty for juvenile offenders:

The prohibition against "cruel and unusual punishments," like other expansive language in the Constitution, must be interpreted according to its text, by considering history, tradition, and precedent, and with due regard for its purpose and function in the constitutional design. To implement this framework we have established the propriety and affirmed the necessity of referring to "the evolving standards of decency that mark the progress of a maturing society" to determine which punishments are so disproportionate as to be cruel and unusual.

Three general differences between juveniles under 18 and adults demonstrate that juvenile offenders cannot with reliability be classified among the worst offenders. First, as any parent knows and as the scientific and sociological studies respondent and his amici cite tend to confirm, "[a] lack of maturity and an underdeveloped sense of responsibility are found in youth more often than in adults and are more understandable among the young. These qualities often result in impetuous and ill-considered actions and decisions."

The second area of difference is that juveniles are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure.

The third broad difference is that the character of a juvenile is not as well formed as that of an adult. The personality traits of juveniles are more transitory, less fixed

The susceptibility of juveniles to immature and irresponsible behavior means "their irresponsible conduct is not as morally reprehensible as that of an adult."

You can read the entire opinion at:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=03-633&friend=washingtonpost

Updated On: 3/17/05 at 08:55 PM