Law School Discussion


! B L U E WAR R I O R..!

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« Reply #70 on: May 07, 2006, 10:58:12 AM »
The decision to commit someone to incarceration may not carry as much gravity as the decision to take their life, but it is only a relative difference and the fact that one may carry less gravity does not necessarily mean that it is the weaker choice in every situation anyway. For example, if the person whose fate is being decided had killed family members of the person charged with making the decision I think it would take a lot more strength of character to stand up for ones own convictions and sense of morality and not sink down to their level.

That is just one example, but the fact of the matter is you cannot judge a person's actions without knowing why they chose those actions. Perhaps the juror's religion prohibited them from taking a life. Perhaps they realized that the evidence showing a causal connection between Moussaoui's ommission and the murders he pled guilty to was extremely attenuated and were concerned that enforcing the death penalty in such a situation would set a dangerous precedent. Perhaps they proceeded with one of those beliefs or convictions even though in their hearts they wanted nothing more than to see this man die and were completely disgusted with the fact that he would live because of their actions and they will never stop thinking about whether or not they made the right decision. Perhaps they even knew somebody that died in those attacks. Maybe they grew up in New York or DC.

Sometimes it takes a stronger man to walk away.

...and I have to tell you that using the word 'retribution' in place of 'revenge' is not hiding your true intentions very well. Retribution is not concerned with your personal feelings, but clearly you have invested a lot into this debate on a personal level. Otherwise you would not resort to describing your own feelings so often making sure to let us know how disappointed you are.

Notice that I'm not even arguing that retribution would not be justified, I'm just saying that retribution is not what you seek.

the definition of retribution fits perfectly...


Julie Fern

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« Reply #71 on: January 27, 2007, 01:12:55 PM »