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Old 02-13-2003, 03:24 AM   #41
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Quote:
Originally posted by winstonjen
So according to your perception, should we prosecute people who kill in self-defense? After all, they are commiting murder, according to you. Sorry, but I don't believe that this issue is black and white.
Would you feel the same way if YOU were the one being killed in self defense? That's what I meant be perception. People can justify any action if they have a mind to. That doesn't change things, it just makes it easier for them to sleep at night. Either way, someone ihas died by the hand of another person.

In Louisiana in 1992, an Aisian boy was shot and killed "in self defense" on Halloween night.
http://www.fkassociates.com/guns.html
Trick or Treat! (I'm NOT anti-gun or even anti-self defense, this article explains the situation I was describing, and I didn't want to be accused of making up some ridiculous story just to support my lame argument. Do your own search and you'll find lots of other depictions of that event.) So "Murder" is like the tree falling in the forest that no one hears, right? If you can justify it in your mind, and get 12 of your peers to go along, then it's NOT murder?

I'll repeat, There is no reality. There is only perception. Too bad we can't say for sure what Yoshi's perception of that event was because he's dead.


My own reality is that I am going out of town for the weekend (Yea!) so I won't be able to discuss this again until Monday night. I don't want my absence to be mis-perceived.
Peace.
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Old 02-13-2003, 05:53 PM   #42
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Quote:
Originally posted by Putney Swope
Would you feel the same way if YOU were the one being killed in self defense? That's what I meant be perception. People can justify any action if they have a mind to. That doesn't change things, it just makes it easier for them to sleep at night. Either way, someone ihas died by the hand of another person.
Well, if I had given them cause to use lethal force, say, by pulling a gun on them, I'd say that there'd be a definite risk of them killing me to protect themselves. I don't think I'd be in a position to judge, even if I came back to life, because I would be threatening their life in the first place.
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Old 02-13-2003, 06:49 PM   #43
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Quote:
Originally posted by Oxymoron
Murder is a legal term, not a philosophical one. In the law, to prove that a killing is murder, you need the following things:

* A degree of premeditation
* A motive
* A means (a gun, poison, whatever)
* An opportunity

The law sees no distinction between a "good" motive (eg euthanasia) and a "bad" motive.
That's not *quite* true, they're taken as mitigators or aggrivators in sentencing. Also, those criteria you list have a lot to do with whether it's involuntary manslaughter or 1st degree murder...

The actual details vary state by state, as do the punishments, case law, etc. which makes it a much more complicated story ...
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