Message from @Whithers

Discord ID: 783896005052989440


2020-12-03 03:16:34 UTC  

The last thing I want to see is a bunch of batmen running around the streets.

2020-12-03 03:16:44 UTC  

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.

2020-12-03 03:16:54 UTC  

Ending up in situations like Ahmaud Arbery.

2020-12-03 03:16:59 UTC  

The person performing the action is irrelevant.

2020-12-03 03:17:02 UTC  

@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!)

2020-12-03 03:19:04 UTC  

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.

2020-12-03 03:19:14 UTC  

Yes...

2020-12-03 03:19:18 UTC  

Law isn't black and white.

2020-12-03 03:19:24 UTC  

That's exactly what we're saying.

2020-12-03 03:19:34 UTC  

It's literally taken on a case-by-case basis.

2020-12-03 03:19:41 UTC  

If premeditated murder is illegal for one person it is equally illegal for all persons regardless of who or what they are.

2020-12-03 03:19:55 UTC  

It is as it exists.

2020-12-03 03:20:35 UTC  

This idea that law has no nuance is baffling to me.

2020-12-03 03:20:48 UTC  

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.

2020-12-03 03:21:25 UTC  

The law not being black and white is literally why we have lawyers and not computers just processing people.

2020-12-03 03:21:47 UTC  

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.

2020-12-03 03:21:52 UTC  

Because very rarely are to separate crimes the same.

2020-12-03 03:22:01 UTC  

No.

2020-12-03 03:22:04 UTC  

Yes

2020-12-03 03:22:14 UTC  

It's because I think there are many different degrees of violations of the law.

2020-12-03 03:22:51 UTC  

That is not in dispute. Ceteris paribus, the violation of the law is the violation of the law no matter who violates that law.

2020-12-03 03:22:59 UTC  

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

2020-12-03 03:24:47 UTC  

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.

2020-12-03 03:24:59 UTC  

No one's mental capacity is equal.

2020-12-03 03:25:11 UTC  

untrue.

2020-12-03 03:25:35 UTC  

If you wish to play that game you will never be able to do math again.

2020-12-03 03:25:48 UTC  

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.

2020-12-03 03:26:49 UTC  

mental state IS the difference between murder, manslaughter, accidental killing, and justifiable killing !

2020-12-03 03:27:00 UTC  

No. You are arguing, that because 1 + 1 ≠ 2, then persons should never beheld to the same standard of performance for their actions.

2020-12-03 03:27:09 UTC  

... no?

2020-12-03 03:27:26 UTC  

Yes, that is what you are arguing.

2020-12-03 03:27:29 UTC  

No?

2020-12-03 03:28:07 UTC  

And @ReclaimTheLaw planning the deliberate commission of a murder is not a mental state. it is a mental action.

2020-12-03 03:28:43 UTC  

the same standard is "reasonable" but that which is reasonable is differentin each case , , , I can say no more

2020-12-03 03:29:20 UTC  

Accidental homicide is not a thing. Negligent homicide is a thing.

2020-12-03 03:29:21 UTC  

What is reasonable depends on crucial contexts you seem to want to ignore for whatever reason.

2020-12-03 03:29:26 UTC  

What..?

2020-12-03 03:30:39 UTC  

Tree falls down in front of the highway, you unfortunately have less than 250 milliseconds to react, you roll your car and hit a pedestrian. This is completely, 100%, out of your control.

2020-12-03 03:31:33 UTC  

I didn't use eithe r of those terms . . . I am from UK so there is some difference in parlance, but the principles of "accidental", "kknowingly" or "intentionally" are common to all Common Law jurisdictions

2020-12-03 03:31:33 UTC  

@ReclaimTheLaw, you just advanced to level 4!

2020-12-03 03:31:35 UTC  

Where the cases have the same elements they are equal. Ceteris paribus requires that the same act is illegal or legal in both cases. (I hate my keyboard right now. It double spaces and doesn't space at random, backspaces and wont at random. Making this very difficult, lol)