My O/H used to teach in prisons, including CAT B (Lifers). He worked with people who were very nasty and many who were not.
One eg. Man late teens grabs a screwdriver while being pursued by drunk mob; when caught, he stabs one pursuer who dies later. He has a criminal record but no history of violence, but because he used the screwdriver as a weapon, he gets life. Well documented, his story is accepted but not as self defence. Yes he should serve time - he agrees as he refused to plead self defence anyway, but life?
Another eg., Man late forties gets life for vicious assault leading to death. It's the latest of many. This time the judge sets a minimum term, he will be 65 before he's even considered for parole, seems appropriate.
The problem is that dangerous people often qualify legally for release while people who have basically been stupid serve the same or sometimes more!
The EU has argued that for human rights, sentances should be fixed with an expected amount of parole - assuming good behaviour. But I miss "Her Majesty's Pleasure". Any crime with intent that risks the life of another should attract HMP, ie. they don't get out until they have demonstrated remorse, understanding and the capacity to live without violence. It's the only way to say to stupid drunk kids - "there are real consequences". Stop them early, prevent them from becoming killers and get them back in the community and making a real contribution.
Hopefully, the day will come when no violence with intent is considered acceptable or less serious than any other violent intent. People need to understand that any violence can kill and should be treated seriously regardless of whether or not a death results - attempted murder is no different from murder where intent is involved.
As for capital punishment - you can't rehabilitate a dead person, you can't get the truth of other crimes from a dead person, you can't get inside the mind of a dead person, you can't understand a dead person so you can't learn to prevent the evil!
As for 100% proof - no such animal. Too often expert witnesses or "reliable" evidence are found to be wrong. The Birmingham six were "100%" guilty, only they weren't; same for Stephan Kischo and for too many others - you can't release a dead person. At least these were alive for their justice.
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