Register | Sign In


Understanding through Discussion


EvC Forum active members: 65 (9164 total)
3 online now:
Newest Member: ChatGPT
Post Volume: Total: 916,913 Year: 4,170/9,624 Month: 1,041/974 Week: 0/368 Day: 0/11 Hour: 0/0


Thread  Details

Email This Thread
Newer Topic | Older Topic
  
Author Topic:   Connecticut abolishes the Death penalty
crashfrog
Member (Idle past 1497 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


(1)
Message 45 of 205 (660796)
04-29-2012 2:30 PM
Reply to: Message 40 by onifre
04-29-2012 6:26 AM


You don't think Cameron Todd Willingham was innocent? I don't see what other conclusion is possible based on the scientific conclusion that the fire that killed his children was not arson.
By definition, he cannot be guilty of a crime that did not even occur.

This message is a reply to:
 Message 40 by onifre, posted 04-29-2012 6:26 AM onifre has not replied

Replies to this message:
 Message 46 by Jon, posted 04-29-2012 3:11 PM crashfrog has not replied

  
crashfrog
Member (Idle past 1497 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 52 of 205 (660804)
04-29-2012 4:10 PM
Reply to: Message 51 by Jon
04-29-2012 4:02 PM


Re: Mr. Willingham
Well that doesn't support at all what Crash said.
Sure it does. That's the scientific conclusion that no arson occurred. "A finding of arson could not be sustained." Ergo, the fire was not an arson. Ergo, the crime of arson did not occur. Ergo, the three deaths that occurred during the fire were not murders for which Willingham was responsible. Ergo, he was innocent of the crime of murder. Ergo, Texas executed an objectively innocent person.
There's no room for any other conclusion. The fire was scientifically determined not to be the result of arson.
But neither am I convinced of his innocence.
You don't have to be. You simply have to accept the abundant scientific evidence that the fire was not the result of arson. Willingham can't be guilty of a crime that did not occur, by definition.

This message is a reply to:
 Message 51 by Jon, posted 04-29-2012 4:02 PM Jon has replied

Replies to this message:
 Message 54 by NoNukes, posted 04-29-2012 4:21 PM crashfrog has replied
 Message 57 by Jon, posted 04-29-2012 4:34 PM crashfrog has not replied

  
crashfrog
Member (Idle past 1497 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 55 of 205 (660808)
04-29-2012 4:27 PM
Reply to: Message 54 by NoNukes
04-29-2012 4:21 PM


Re: Mr. Willingham
The fire could have been arson, or it might not have been.
No, they specifically ruled out the supportability of a conclusion of arson. That language was quoted by Modulous.
Thus, scientifically, the fire was not the result of arson. it could have been an arson that looked exactly like a non-arson, but it couldn't scientifically be an arson that looked exactly like a non-arson.
What I said was completely accurate. There's no need to pretend, here, that there's even a possibility that Willingham committed a crime that did not actually occur.
What we can say is that Texas executed a person who should never have been found guilty at trial.
No, what we can say is that Texas executed an innocent person by both the dictionary and legal definitions of "innocent." It's certainly ontologically possible that Willingham was guilty in some kind of metaphysical way, but scientifically he was innocent by virtue of the scientific nonexistence of the crime, and legally he was innocent by the prosecution's inability to produce evidence of his guilt beyond reasonable doubt.
Willingham was innocent. There's no basis on which that can be contested.

This message is a reply to:
 Message 54 by NoNukes, posted 04-29-2012 4:21 PM NoNukes has seen this message but not replied

  
crashfrog
Member (Idle past 1497 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


(1)
Message 72 of 205 (660834)
04-29-2012 8:51 PM
Reply to: Message 66 by NoNukes
04-29-2012 7:40 PM


Re: Mr. Willingham
This is just turning the burden of evidence on its head.
The legal state of "innocence" is the state of being not guilty of the crime. Willingham is perforce not guilty of the crime because no crime occurred.
By the standard you employ, here, nobody can properly be considered "innocent."

This message is a reply to:
 Message 66 by NoNukes, posted 04-29-2012 7:40 PM NoNukes has replied

Replies to this message:
 Message 76 by NoNukes, posted 04-29-2012 9:17 PM crashfrog has not replied
 Message 84 by Jon, posted 04-29-2012 9:56 PM crashfrog has replied

  
crashfrog
Member (Idle past 1497 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 75 of 205 (660839)
04-29-2012 9:08 PM
Reply to: Message 74 by NoNukes
04-29-2012 9:05 PM


Re: Mr. Willingham
But I haven't seen any evidence other than the defendant's testimony that proves or even strongly suggests that the fire was not arson.
Why would anyone have to provide evidence that the fire was not arson?
What would be the difference between evidence that the fire was not arson and evidence that the fire was an arson made to look like not an arson?

This message is a reply to:
 Message 74 by NoNukes, posted 04-29-2012 9:05 PM NoNukes has replied

Replies to this message:
 Message 77 by NoNukes, posted 04-29-2012 9:23 PM crashfrog has not replied

  
crashfrog
Member (Idle past 1497 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 88 of 205 (660852)
04-29-2012 10:19 PM
Reply to: Message 84 by Jon
04-29-2012 9:56 PM


Re: Mr. Willingham
There's a difference between your so-called 'legal state of "innocence"' and the 'state of being not guilty of the crime'.
Far be it from me to argue with a blog post, but "not guilty" is the only form of innocence recognized under American law.
But the distinction is irrelevant, because by definition you can't be guilty of a crime that did not occur; because the arson Willingham was executed for did not happen, we know that he was innocent of it.
I mean, you're right - maybe he was guilty of a completely different arson, or a completely different crime altogether. Maybe Texas got it right by accident and justly executed Jack the Ripper when they killed Willingham. But by that definition of "guilty" no one can be said to be innocent. Justice is sophistry if the presumption is guilt, as it seems to be with you and NoNukes.
But I don't need to show "proof beyond a reasonable doubt" that a crime didn't happen, because a crime can't be on "trial"; I only need to show that it's the reasonable conclusion. And that's been done. Willingham can't logically be guilty of a crime that never occurred.

This message is a reply to:
 Message 84 by Jon, posted 04-29-2012 9:56 PM Jon has replied

Replies to this message:
 Message 90 by Jon, posted 04-29-2012 10:34 PM crashfrog has not replied

  
crashfrog
Member (Idle past 1497 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


(2)
Message 98 of 205 (660884)
04-30-2012 11:01 AM
Reply to: Message 96 by Jon
04-29-2012 11:52 PM


Re: Mr. Willingham
He could have very well written the entire report as is only to conclude that the whole fire was the result of the malicious activities of magical children-hating fairies who burn their bodies to collect the ash for use as magical fairy dust.
But he didn't do that. In fact he's never done that, to anyone's knowledge, which actually cuts against your argument that he could have done that.
If the best case you have is that the report could have said something that no report ever has, that Cameron Todd Willingham could be guilty of a completely different kind of arson unknown to the annals of forensic science, and that therefore he could actually be guilty of a completely different crime than the putative one he was executed for, then your own case has amply demonstrated that the State of Texas falsely executed an innocent man. You've proved it.
Willingham was executed for a crime that couldn't have happened. Certainly it's possible, however unlikely, that the fire was the result of arson under a totally different theory of the crime than that under which he was convicted but that would be a completely different crime, and therefore you and NoNukes have proven, for me, that Texas executed a man for a crime of which he was demonstrably innocent (by virtue of the crime not actually having occurred.)

This message is a reply to:
 Message 96 by Jon, posted 04-29-2012 11:52 PM Jon has not replied

  
crashfrog
Member (Idle past 1497 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 121 of 205 (660935)
04-30-2012 7:41 PM
Reply to: Message 99 by Rahvin
04-30-2012 11:56 AM


Bin Laden was killed in a military incursion; it was far closer to assassination.
I'm opposed to the death penalty, but I'm in favor of assassination. Killing someone like bin Laden saves lives, lives that wouldn't be saved merely by his incarceration. I don't see it as state-sanctioned murder but as warfare on an incredibly limited scale.
The taking of human life is always terrible and awful and disgusting and repulsive
I don't feel that it always is.
I would rather a hundred murderers go free than kill one innocent man.
I feel like the system we have frequently frees murderers and kills innocent people.

This message is a reply to:
 Message 99 by Rahvin, posted 04-30-2012 11:56 AM Rahvin has not replied

Replies to this message:
 Message 124 by onifre, posted 04-30-2012 11:40 PM crashfrog has replied

  
crashfrog
Member (Idle past 1497 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 170 of 205 (661193)
05-03-2012 8:05 AM
Reply to: Message 124 by onifre
04-30-2012 11:40 PM


Question is, why do you trust that the government did the proper work to ensure guilt but not feel the same about the courts?
I don't believe that people should be assassinated because they're guilty - I'm not in favor of it as punishment. I believe that they should be assassinated when doing so would save lives.
Well, I take that back. I was entirely in favor of the series of assassinations carried out by Mossad in response to the murder of Israeli athletes during the Munich Olympics. Hard to argue that those weren't punitive.

This message is a reply to:
 Message 124 by onifre, posted 04-30-2012 11:40 PM onifre has not replied

  
Newer Topic | Older Topic
Jump to:


Copyright 2001-2023 by EvC Forum, All Rights Reserved

™ Version 4.2
Innovative software from Qwixotic © 2024