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)
|