Curious. Do you think the death penalty is a deterrent or as disposing of a person who is unworthy (due to the nature of the crime) or unable (psychotic like Manson or Dahmer) to be rehabilitated. I do not like the term punishment because I relate punishment with an incentive. A dead person cannot be given an incentive.
I think I pretty much answered the first part of your question.
If you kill Manson; are you are clearly not punishing him, but you do free up jail space for someone who might be able to be rehabilitated. According to a documentary I saw on Manson, you’d be freeing up an entire wing of the prison he is in because he has to be kept separate from everyone else. And you eliminate any chance that he might be released on some technicality, like a clerical error.
In 1981, my house was broken in to after I left for work. My wife and 1 year old daughter were at home. When the police arrived they saw my wife’s pistol on a chair in the living room, and asked if she had shot the guy. She said no. (But that he had run out pretty fast when he saw the gun aimed at him.) The officer said that was too bad, as the bullet would leave no doubt about the identity of the suspect, or if he had in fact been to our home.
This guy had already served time for breaking into houses where he’d observed that women were alone, then beating and raping the women.
Questions for you:
Should she have been arrested for assault with a deadly weapon? She was not, but in some jurisdictions she could have been.
If she had shot and wounded him, should he have the right to sue us? He could have.
If she had killed him, should she have been arrested for murder? Manslaughter? Should she have been convicted? In some jurisdictions the answers would be probably not, yes, and yes.
If this guy was caught, and he eventually was caught in the home of a single woman, whom he had beaten, what sentence should he receive?
If he was out on parole at the time, should his parole board be at all culpable? Thanks to remnants of feudal law still in our system (The lord of the realm can not be held responsible) they are not.