goodfielder wrote:Is there some confusion between the death penalty as a judicial order and self defence which might result in the death of the attacker? If so, there is a big difference. I'm opposed to the death penalty for many reasons but no way would I deny the right to self defence even to the point where someone needed to use lethal force.
You are suggesting the "
why" of a death has meaning. I absolutely agree with you on that point. If I shoot an intruder in my home, I am completely justified in doing so.
Of course there are those who would say, "A death is a death. The reason for the death doesn't matter to the dead person." Which, while true, is immaterial. Intent, while not the entirety of the analysis, is important.
But I'm having trouble reconciling this enlightened view with your prior statement,
"The punishment for murder shouldn't depend on the circumstances of the crime. Murder is murder is murder. It's either death or life imprisonment."You seem to understand there is a reason to look at the facts and circumstances of a particular homicide, for a number of reasons. And you recognize the difference between justifiable homicide and first degree murder is the intent of the actor.
Given that, surely you are capable of distinguishing between a murder which was committed in the heat of passion, such as an enraged husband who after catching his wife with a paramour, shoots him dead in the heat of the moment, as opposed to a cold-blooded premeditated murder where an entire family was stalked, kidnapped, raped, raped, tortured and then burnt alive by a sociopath?
Is it your position that both murderer should receive the same punishment?