Flag on the play: statements irrelevant to the matter at hand
“"It is morally justifiable..." ”
We are not discussing morality. We are discussing laws and legality.
“"It is not morally justifiable to kill innocent babies in the womb."”
We are not debating pro-life vs pro-choice. We discussing whether or not the death penalty should be a part of our legal system.
The legality of the death penalty is a matter of law, and discussions on the matter should recognize what their qualities and function. Laws must be clear, and objective — morality is none of the above. Laws must be enforceable, and morality has more to do with beliefs, which themselves are not enforceable.
Law hands down punishment based on VERDICTS, not statements of the TRUTH. Ideally, the two align, but it's impossible to know with 100% certainty if something truly happened. Our legal system acknowledges this limitation, too — verdicts can state that someone is FOUND guilty, not that they ARE guilty.
THUSSS, in enabling the execution of those FOUND guilty, the death penalty would equally enable the execution of truly-guilty and truly-not-guilty individuals. It would also fail to enable the execution of truly guilty individuals so long as they are found not guilty.
If a punishment can be seen as deeply unacceptable/inappropriate when applied wrongfully, it shouldn't be a part of a "just" legal system.
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