Message from @Whithers
Discord ID: 783895205476040705
@ReclaimTheLaw I am arguing that that is a justification for double standards. If you justify a greater responsibility because someone is trained, then you excuse liability for someone that is not trained. Therefore it is better for a person that is not an officer to enforce the law because they will be safer legally from repercussions.
neither would I, except to hold them both to the standard of that which is reasonable, which would be different for each person 🙂
I friend of mine works in a hospital in NYC. She says they will start vaccinating them December 15..for Covid19.
_highfives._
People who are not authorities may not take actions that authorities take @Whithers That's been my entire argument.
The statement is Ceteris Paribus. Two persons commit the exact same action under the exact same conditions, then the standards of performance are the same no matter who or what they are.
They can't commit the same action.
You over estimate the value of authority.
They can commit the same action.
I at least acknowledge it exists.
The last thing I want to see is a bunch of batmen running around the streets.
I also acknowledge authority exists. It is always performed by humans. All humans fail. All humans succeed. Either the action was just or it was not.
Ending up in situations like Ahmaud Arbery.
The person performing the action is irrelevant.
@Whithers we are all subject to the standard of that which is (judged to be ) reasonable, but it is different for each person and each circumstance . . .. .in a sense there are as many tiers in the justice system as there are individual people and cicumstances ! (practically infinite!)
The standard of the law must be the same standard. You are saying that the law must be legislated in infinite variations to accommodate every potential possibility in existence. There is not enough hard drive in the universe for one law.
Yes...
Law isn't black and white.
That's exactly what we're saying.
It's literally taken on a case-by-case basis.
If premeditated murder is illegal for one person it is equally illegal for all persons regardless of who or what they are.
It is as it exists.
This idea that law has no nuance is baffling to me.
If justifiable homicide is justifiable for one person then the same action is always justifiable regardless of who or what the person is that commits the justifiable homicide.
The law not being black and white is literally why we have lawyers and not computers just processing people.
That is because you do not believe people are equal before the law. You want a legal system of prejudice that holds it is ok for black people to commit murder but it is not ok for yellow people to commit murder.
Because very rarely are to separate crimes the same.
No.
Yes
It's because I think there are many different degrees of violations of the law.
That is not in dispute. Ceteris paribus, the violation of the law is the violation of the law no matter who violates that law.
only if their mental states are also identical, there are 2 elemnts to any crime, the same unlawful (injurious) action can be done accidentally, knowingly or intentionally, in English parlance "negligent" Reckless or intentional. In the extreme case of injury which is to kill, it is the difference between Accidental Killing (no prison sentence), Knowingly killing, Manslaughter (5 yrs inside), or intentional (murder) life imprisonment
Mental state is irrelevant if their mental capacity is equal. Murdering someone because you love them is still murder. Murdering someone because you hate them is still murder. A motive must exist, what that motive is does not matter. The action is what qualifies the breaking of the law.
No one's mental capacity is equal.
untrue.
If you wish to play that game you will never be able to do math again.
If you try to bring up the 0.1% as the rule and not the exception, people are going to shake their heads at you.
mental state IS the difference between murder, manslaughter, accidental killing, and justifiable killing !
No. You are arguing, that because 1 + 1 ≠2, then persons should never beheld to the same standard of performance for their actions.
... no?
Yes, that is what you are arguing.