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Post 20

Saturday, August 30, 2014 - 10:40amSanction this postReply
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Bill,

re your terrorist prevention you missed one step: if indeed Steve found him 'with a hand in the cookie jar' he will still not be prosecuted for terrorism and murder, but only intended terrorism and murder. The two sentences are light-years apart.

As I found out when a distant friend was brought before a court because she defended herself against a would-be rapist whom she'd beaten into the hospital. The fact that he unquestionably intended to rape her did not weigh in her favor, as he did not succeed. And her ability to prevent him from rape was used against her as she was obviously physically and emotionally capable of disarming him without beating him to a pulp. He got off with three month on parole for attempted rape and sexual harrassment and some counseling (what a joke), she was sentenced to 12 months in jail which was deferred to 6 months social services (which luckily she could serve at our local women's center) and 6 months on parole.

Same would go for your drunk junkie - the potential to harm a child does not necessarily result in the child's harm. Maybe when the child is actually born he'll take one look at his beautiful baby-girl and goes cold turkey? Or more realistically he'll blacken her eye or break her arm in a drunken stupor, which would get him parole and supervision by child services, but would still not prevent him from having children.

I hate to make this argument, but in the interest of objectivity I have to ... if it were up to me I'd still sterilize them ... I might even help the girl get her revenge - which would out me as a violent initiator-of-force ;)



Post 21

Saturday, August 30, 2014 - 4:01pmSanction this postReply
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Vera wrote, "Bill, re your terrorist prevention you missed one step: if indeed Steve found him 'with a hand in the cookie jar' he will still not be prosecuted for terrorism and murder, but only intended terrorism and murder. The two sentences are light-years apart. As I found out when a distant friend was brought before a court because she defended herself against a would-be rapist whom she'd beaten into the hospital. The fact that he unquestionably intended to rape her did not weigh in her favor, as he did not succeed. And her ability to prevent him from rape was used against her as she was obviously physically and emotionally capable of disarming him without beating him to a pulp."

 

Vera, I believe there is a difference between these two cases.  In the first case, finding the would-be terrorist with the plans and explosives is important, because we want to prevent him from going through with the attack.  But since he hadn't yet attempted to initiate it,  he could conceivably have had second thoughts and changed his mind.  However, if he were to try to detonate a bomb and find that the detonator didn't work, he would actually have attempted to carry it out, which is a much worse case than simply planning to carry it out.  It is this second case in which the terrorist actually tries, but fails, to detonate the bomb that is comparable to what your friend experienced when the rapist actually tried to rape her but failed because she was able to stop him.  I put this kind of failed attempt in the same moral and legal category as actually succeeding.  Why?

 

The reason is that a person is morally responsible for his choices, not for events outside his control.  So if he is stopped from carrying out a crime only by external factors over which he has no control, then his moral culpability is the same as if he succeeds in carrying out the crime, because in both cases his choices are the same.   And if his choices are the same, his punishment should be the same.  If I try to kill you, but the gun jams and you are able to get away, I should get the same sentence as if I actually succeeded in killing you.

 

He got off with three month on parole for attempted rape and sexual harrassment and some counseling (what a joke), she was sentenced to 12 months in jail which was deferred to 6 months social services (which luckily she could serve at our local women's center) and 6 months on parole. Same would go for your drunk junkie - the potential to harm a child does not necessarily result in the child's harm. Maybe when the child is actually born he'll take one look at his beautiful baby-girl and goes cold turkey?

 

Of course, you know that his going cold turkey is not going to happen!  In any case, do you want to risk sacrificing the welfare of the child in order to find out?  

 

Or more realistically he'll blacken her eye or break her arm in a drunken stupor . . .  

 

Yes, we need to be realistic about this, because as Ayn Rand might have put it were she alive today -- "It is what it is." :)

 

. . . which would get him parole and supervision by child services, but would still not prevent him from having children.  I hate to make this argument, but in the interest of objectivity I have to ... if it were up to me I'd still sterilize them ... I might even help the girl get her revenge - which would out me as a violent initiator-of-force ;)

 

Not exactly.  It would out you as a violent (if non-objective) retaliator! :-|

 

(Edited by William Dwyer on 8/30, 6:21pm)



Post 22

Sunday, August 31, 2014 - 1:54amSanction this postReply
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Bill,

if we argued what would be the objectively correct punishment for planned attempt, failed attempt and successful attempt, we're in agreement, that the latter two should be prosecuted exactly the same. However that's us two and maybe another handful who think so. The majority still considers a failed attempt, that has not resulted in the intended harm, to be less culpable than a successful attempt. So failing to abuse your own child because you cannot look into those baby-blues and still hit it qualifies as excuse to let them have children.

And it does happen, that violent adults reform their ways for their children - however that's not what children are for and personally I think the risk to the child is not worth the benefits to the adult (and the child if it gets a happy childhood after reformation). In objective terms however, we'd still be back to the argument where the initiation-of-force takes place: in the possibility or the actual fact. If it's the actual fact, we have to wait until they hit a child before we can take away the rights to that child. If it's the possibility, then we're back to the movie 'Minority Report': punish anyone with intent to crime the same as if he committed the crime, which would include planned and not just failed attempt. After all: who's to say if I actually go through with it if I'm not stopped, but have moral qualms of some sort at the very last moment?

In my opinion we're arguing a 'false issue' here: if humans are prone to violence we cannot stop that violence. We can only argue about the degree of 'damage-control'. The only solution to this walk on a tight-rope is curing mankind of violence. And what I've read and seen in movies of such imagined attempts, humans themselves don't really believe they can be cured of violence, even shouldn't be cured as it's an integral part of the human species, a requirement for it's survival in adverse circumstances. Some even go so far as to demand to teach our children about violence, so they can grow up fully realised humans and make successful use of violence - of course with the moral fig-leaf to use it 'only' for protection ... yet it never stops there: next for punishment, next for retaliation when a wrong is not punished by the system/society/clan/whatever (revolutions abound in our history) ... and we're back with the full realization of violent potential.

PS: before I get reminded again of the topic of this post ;)

How does Transhumanism deal with violence in man? Is it even a topic considered to 'cure' mankind of violence or do they only focus on physical enhancements?



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