The Wisconsin parade massacre brings me to something followers may find surprising: I support the death penalty, but not in the way it is or has been ever applied in America. This is different, and somewhat complex, so please read this all before commenting. There are.../1
...elements of thinking about punishment for crime: One involves the egregiousness of the crime, the kind of crime that shocks the conscience. This crime fits that: The willful murder of children and the elderly during a Christmas parade for what appears to be simply.../2 attempt to escape another crime is abhorrent to the soul. Other than someone having a heart attack at the wheel, it is hard to conceive of anything that would make this less horrific. Then there is the issue of deterrence - not to others, but to the perpetrator. The.../3
..."nothing left to lose" issue is one that is not addressed sufficiently. Perhaps the perpetrator of this crime had already hit the ridiculous "three strikes you're out" standard, which means an automatic life in prison. So, for a sociopath, the thought might be, maybe he.../4
...could get away if he ran over people who were in his way. It's the same problem with someone who kidnaps and sexually abuses a child - if the crime amounts to a mandatory life in prison, murdering the child decreases the chance of conviction with no increase in possible.../5
...punishment. There *must* be a risk of increased punishment, if only to create an uncertainty in the mind of the perpetrator about whether it matters if they kill.

But...and this is the big but...the standard for bringing such a case must change..../6 more "beyond a reasonable doubt" for both conviction and sentencing. Beyond a reasonable doubt for conviction and beyond doubt for a sentence of the death penalty. Eyewitness testimony of fewer than x number of people alone, jailhouse snitches, etc. Standards would have../7 developed by an independent commission of what constitutes "beyond doubt" - video recordings and fingerprints perhaps. And such sentences can only be brought in instances where there are also underlying crimes that "build up" to life in prison. That way, there *is*.../8
...something to lose when a prisoner serving a life sentence murders another prisoner, or when the child kidnapper then kills the child. The bottom line: The death penalty must be applied for purpose of serving as a deterrent against the perpetrator committing other crimes.../9
...when in the process of committing a first crime. Prosecutors must have a higher standard for using that penalty that will require far greater quality of evidence and reasons for using it. In other words, there is a reason for using the death penalty other than bloodlust.../10
...but there are valid reasons why it should remain in the prosecution's weaponry, so as to make sure that criminals who do not decide they have nothing left to lose, and thus can commit the most horrific acts without consequence.

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More from @kurteichenwald

22 Nov
Recently, I gave a deep dive why - based on the law & evidence presented at trial - the Rittenhouse verdict was correct, even though he's a miserable punk & the GOP celebration is obscene. Today, a new point: the case shows why open carry laws are a threat to this country.../1 I wrote in the last thread, all that mattered in treaching the verdict was Rittenhouse's state of mind: did he believe he was in imminent threat of bodily harm. Thats the law. The evidence supported his belief of that was reasonable. However, it *also* supported that.../2
...his victims - Rosenbaum, Huber and Grosskreutz - could believe *Rittenhouse* posed an imminent threat of bodily harm *to them.* Eliminate Rosenbaum, because his case is more complex. No doubt, Huber & Grosskreutz were reasonable in seeing Rittenhouse as an active shooter..../3
Read 14 tweets
19 Nov
Rittenhouse is a thug. Right wing hero-worship of him is disgusting. GOP members of Congress rush to offer him jobs is obscene. But this case is not about politics, on either side. What matters is the evidence, WI law, and trial standards. Under that, the verdict was correct../1
...before explaining, the biggest villains here are the Kenosha police, who refused to protect protesters by treating right-wing, gun-toting civilians as adjuncts to law enforcement. THAT is where politics& white-wing supremacy should be most condemned - it's institutional &.../2
...allowed for the streets to be filled with thugs like Rittenhouse, whose mere presence created the potential for this. But the presence of these dangerous people was not a crime.

As for Rittenhouse: The most important moment was the first shooting, of Joseph Rosenbaum.../3
Read 28 tweets
12 Nov
Several lessons for those who've been growling Merrick Garland about bringing an indictment against Bannon, and also about future cases. This didn't take weeks. It took 7 days.

The Justice Department does not bring these kind of charges. The US Attorney for DC District does../1
...the US Attorney, Matthew Graves, signed indictment filing. His nomination reported out of committee on 9/23. On 10/21, House voted to refer the Bannon charges for prosecution. On 10/28, Graves confirmed on voice vote. On 11/5, he was sworn in. *Never* would a politically.../2
...sensitive indictment be brought in the middle of a confirmation by an acting US Attorney, then handed off to the US Attorney after confirmation. All of the necessary work was done - that's why it was done in 7 days (which is fast for any indictment, no matter how easy you.../3
Read 10 tweets
7 Nov
GOPrs freak out about Big Bird & vaccines (I cant believe this is real) because they expect ignorant lunacy to be endlessly *indulged* to the detriment of society. This is not "wokeness"or "liberal." Helping kids to be less afraid of vaccines is kind, is good citizenship, is.../1
...everything the Trump GOP has lost. That the minority expects we have to terrify the majority of children because "the vaccine is a government plot" or "freedumb!" or "Bill Gates is injecting tracking devices" is the ultimate in demanding indulgence of adults' childish.../2
...delusions and nonsense. Notice, they think *they* have the "freedom" to infect everyone around them, to infect your child, to overflow hospitals, because Aunt Mabel has a friend on Facebook with a CIA Friend on Gab who says Vaccines contain microchips. They not only.../3
Read 6 tweets
1 Nov
"The Great Resignation" is not about people not wanting to work. It is about a dawning recognition that, for a larger and larger portion of this country, the American dream is dead, and with it, the inspiration of working toward a better future for oneself. Instead, work.../1
...becomes not the means towards reaching an aspiration - a spouse, children, a home, vacations, personal growth, a retirement. Instead, the greed culture has turned work for millions into just a means of survival, with wages stagnant, healthcare unaffordable, insurance....
....treated as a luxury, paid free time an impossibility, children unaffordable, homes a dream. Yes, work is important - but not without the promise of a future. Many young people see nothing but 40 years of the same, further enriching the obscenely rich. This system has...
Read 14 tweets
17 Oct
How @DCComics owned @FoxNews @WashTimes & all conserv media:

DC announces Superman's"Truth Justice & American Way" slogan now "Truth Justice & Better Tomorrow." Conservs go nuts, giving DC tons of publicity.

American Way rarely been his slogan. Hasn't been for a long time.../1
..."American Way" was never in original comics. It was from the radio show in the 1940s in support of the troops when Superman was helping in fighting Nazis. (Ya know, our current MAGA types.) When radio show ended, so did "American Way." Then, it came back with the TV show.../2 the 1950s, right at the opening moments of the Cold War. It got canceled, and by the early 60s, it was ""truth justice and freedom" in the kids cartoons. (The comics still had nothing.) It came back again in 1978, when Christopher Reeve said it in Superman movie.../3
Read 6 tweets

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