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The Forum > Article Comments > Questioning the death penalty > Comments

Questioning the death penalty : Comments

By Brett Bowden, published 6/12/2005

Brett Bowden suspects if the question of the death penalty was put to the Australian people, it could well be reintroduced.

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Quote:

PS: What is the difference between killing and murder?

Posted by kalweb, Thursday, 8 December 2005 6:09:35

kalweb

Killing, in this context, is obviously taking the life of a human life. I am not a lawyer, but murder is when someone deliberately kills someone else, without lawful reason, intending to kill or to inflict grievous bodily harm, in other words, serious injury, on the victim, whether on the spur of the moment or if it has been planned.

Murder can be reduced to manslaughter when, for instance, a person is found to have been provoked in a way that 'the ordinary man' would react to violence and death occurs.

Manslaughter can also be found when a person is carrying out a dangerous act, and death results. One exception, and in my opinion a bad exception, is the charge of 'dangerous driving occaissioning death' that has been substituted, in NSW, for some charges which may otherwise be manslaughter.

I believe that if a person is driving dangerously, against the laws that govern road use, and someone is killed, then the charge should be manslaughter.

One problem is that it is very hard to get juries to convict for manslaughter in road related deaths.

Self defence can be an absolute defence to the charge of murder, if it is found that the actions taken in self defence are justifiable. Of course there are other situations, such as when a police officer shoots and kills someone in the course of their duties in order to protect either themsleves or to prevent a serious crime from taking place.

To anyone who is on a jury at the moment or in the future I would ask that you follow what the judge says, and not what I have just written.
Posted by Hamlet, Saturday, 10 December 2005 10:10:53 AM
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barry, Peace is achieved by superior firepower, now we are really seeing what you are vmade of you are a war mongur as well. Not content to subscribe to barbaric State Killings, you also advocate for superior firepower. I bet you believed the stupidity og Pig Iron Bob, and his "yellow peril" or reds under the beds" buldust. I suggest to you that the only way peace will ever be achieved is with the absence of soldiers, re "The Universal Soldier" anti-Vietnam war song from the usa in the 60's. The reason your "real world" as you put it, is so, is because of you folls who believe in "superior firepower" if war bought peace we would have peace noe, you fool.
Posted by SHONGA, Sunday, 11 December 2005 5:21:18 PM
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SHONGA
The problem is not with me or my beliefs it is with the judical system and now in light of the civil unrest with raceisum in the southern state. The issue of law and punishment is now hotting up. Should CP be introduced back in to our judical system or is that emotion takes over our logical thought process. One should not throw stones if they live in a glass house. I am not a war monger but if the legal and social system in place today can not restore ballance then the military can. You can preash love and peace all you like, turn the other cheak, let bygones be bygones ect. But it is human nature to want revenge for the wrong doings of others to us or our loved ones. The human righters have alot to answer for and most of it is not good. Why should a victum forgive and forget. Let the victum decide the outcome of a crim, and if they chose to live and let live then so be it. But be it on there head and choncience if the crim reofends and it could have been prevented. Peasc through superior fire power. Might is right. Oh yes I get all the counciling and psyc help I need thanks..
Posted by barry, Monday, 12 December 2005 2:52:39 PM
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barry, Community Mental Health is a dree service provided by the Queensland Government.
Posted by SHONGA, Monday, 12 December 2005 10:43:28 PM
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Barry

You talk about how we should not be motivated by 'emotion' when it comes to the death penalty. In the same post you state that it is human nature to want revenge and that this should somehow affect the punishment. Tell me Barry, what is it exactly that you stand for?

Tubs
Posted by tubley, Tuesday, 13 December 2005 12:11:03 AM
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People,

Read the article below and tell me if you believe this is an effective way to deal with crime in a so-called civilised society...

And please, let's not look at what Mr Williams did, of course it's a terrible thing. I am appealing to the intelligence of others, challenging them indeed, to suggest an alternative solution rather than primitive retribution and vengeance.

http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/12/12/PREP.TMP
Posted by tubley, Tuesday, 13 December 2005 1:26:04 AM
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