Comments by "EvilGuacamoleGaming" (@EvilGuacamoleGaming) on "LegalEagle"
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(at 31:24) Strangely, as I've heard about this case a number of times, I can't recall how sentencing went. I have a feeling though that this wouldn't be too noteworthy if they indeed were hung.
As for how it should be settled- the law is clear that the penalty of their crimes could be life sentences, so it's within the law to give them their desired punishment. As for justification, the only way you could have someone more deserving of death is if their crime involved more people dying. A child being killed for pleasure? It is the height of crime. Certainly, they present the greatest of danger if allowed to be out ever again. I feel the defense's arguments were not all particularly strong, either. I do suspect the war could have that effect on young boys to some degree but ultimately they were in environments that supported them not being murderers.
All that said, as judge I would use my discretion to avoid capital punishment whenever possible. We know now (though I'm not sure if we did then) that it is not a deterrent. We can see it would not have been for these two- they believed fully that they would receive no punishment so it doesn't matter what they believed the punishment would be. In general, people don't not murder because they fear punishment. We don't murder because we are naturally inclined to not harm others. On a grander scale, it just doesn't make sense to kill someone who's killed others. At that point you are stating that it is acceptable to kill people, but only when the government does it. That's... not helpful.
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