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malthaussen

(18,551 posts)

15. I've always thought that was a good idea. But there's a reason for it, and it has nothing to do with justice.

Tue Mar 10, 2026, 02:47 PM

Mar 10

Most felonies are "crimes against the State," and not "crimes against persons." Even though people are incidentally involved in the crimes (in most crimes, if it comes to that), it is the offense against the majesty, authority, and power of the State that is being prosecuted, and not that this or that person injured or killed another. Bluntly, the victim doesn't enter into the issue at all. Hence, modern "justice" is not a more hands-off version of the private revenge system that prevailed before legal systems evolved, but the State executing its authority to keep the masses in line. That's why, in theory, it's fine for the State to execute an innocent man; because Authority, once invoked, cannot be altered by trivial things like facts.

In this case, of course, the individual slated for execution was guilty of the crime, but had clearly been sentenced to death for reasons that, shall we say, had nothing to do with the merits of the case. The AG apparently decided to rebuke the Court for applying different standards to the same case. She might just as well have done the opposite, since the decision is not based on the merits of the case, but Life in America.

-- Mal

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marble falls

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Highlight:

Alabama Governor Commutes Death Sentence of Man Who Didn't Kill Anyone [View all] ruet Mar 10 OP

..Burton's death sentence was possible because of a legal doctrine known as felony murder, riversedge Mar 10 #1

I understand felony murder, Miguelito Loveless Mar 10 #7

Even to the point of being held responsible for deaths of accomplices by police. marble falls Mar 10 #11

It's an unfair law. LeftInTX Mar 10 #13

"I cannot proceed in good conscience with the execution of Mr. Burton" twodogsbarking Mar 10 #2

But she is OK with burying him in the hole. marble falls Mar 10 #10

She actually did something right question everything Mar 10 #3

Good MustLoveBeagles Mar 10 #4

The death penalty in and of itself is an abomination and not a deterrent. Moostache Mar 10 #5

and life without parole is a chickenshit form of capital punishment. marble falls Mar 10 #9

A life sentence without parole is less costly to society than capital punishment is. summer_in_TX Mar 10 #14

Now let's factor in some integrity, ethics, morality, humanity ... marble falls Mar 10 #17

Not able to discern whether you support or oppose summer_in_TX Mar 10 #21

Do not for a second think I support the death penalty in any sort of fashion for anyone in any situation PERIOD. ... marble falls Mar 10 #22

Of course those murders who went and sinned no more should be considered. summer_in_TX Mar 10 #23

Sometimes life without parole is necessary though Polybius Mar 10 #24

I've always thought that was a good idea. But there's a reason for it, and it has nothing to do with justice. malthaussen Mar 10 #15

Society changes and evolves its values. Eight year olds are no longer hung for stealing bread, which used to common ... marble falls Mar 10 #18

Society changes and evolves its *laws*. Values take longer to evolve... malthaussen Mar 10 #20

A Republican thinking timms139 Mar 10 #6

Jebus must have had a talk with her, now parole him. marble falls Mar 10 #8

I'm sure his race had nothing to do with his getting the death sentence. Pffftt! Living in Alabama might be considered a Wonder Why Mar 10 #12

Jeezus, he wasn't even still there. He had left. WTF? Joinfortmill Mar 10 #16

Good thing this wasn't Texas or Florida. Aristus Mar 10 #19