mackenzie said:
And what if a burglar (for example) crept into a house in the middle of the night and the end result is the death of the homeowner by heart attack because he was startled.What if it was the burglar's first offence? What if the homeowners family wanted the burglar to be treated the same as anyone else that had caused death?
And how do a jury decide on such a grey area? It would be a lottery.
And that is why it will never be reintroduced, particularly now.
Just because its a first offence should make no difference the person in question knew they were breaking the law when they entered another person's property in order to take thier possesions... therefore they should be dealt with accordingly, for example:
Did Ben Kinsella or the other 25-30 kids that have died in London this year have an option to live before someone took their life?
Obviously not - or they'd still be here; so why should the offender be given a different set of rules?
I guess the argument would be that if i was corned by a gang and felt i was in danger and i used a knife and took someone's life, should i now also give up all rights to life i had? I guess thats a fair point, and if i was in that position i'd probably feel hard done by.
Then again, if these punishments had been in place in the first instance, would we have the situation we have now?
The old addage that you have to break a few eggs to make an ommlette; the situation right now is fucked up, people literally getting stabbed everyday, you've got to come down hard to make a difference, so yes, its possible one or two people could be hard done by in the short term, but it would be for the long term benefit of a much larger community (ie the country).
I wouldn't say we should introduce "a life for a life" law either, every case is unique, but bringing the Death Penalty back, along with humiliating
punishments and one's that either last for the rest of your life or expose you to your own community will surely be a big deterent and would be the most effective way to tackle the issues we're facing.