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· Off the Cuff
Cops, Courts, Crooks
15 messages in this thread
Regardless of what Ben is going to say about this, I say your point #2
(that no preventative action is possible) is invalid. I think preemptive
action can be taken against a suspicious person. However, if I were to
take such action, I would need enough evidence to justify the preemptive
action, and would need to justify the force used to prevent the action I
thought was going to happen, because the suspicious person would have a
clear case to prosecute *me* if I couldn't justify what I did. How does
that sound?
The basic problem with "pre-emptive legal action" is it presumes guilt
(that hasn't even occured yet!!) It is a major, and common, philosophy
error to equate a potential with an actual. Everyone has the physical
potential to commit wanton violence. Only a relative handful every actually
do. There is a world of difference between wanting to punch some dummy in
the nose and actually doing it.
John,
Would you agree that a different standard applies when the preemptive action
contemplated is action to prevent unintentional injuries? For example, is it
wrong to prohibit the sale of alcohol to an already intoxicated person on the
grounds that doing so is positively associated with accidents and injuries not
only to the drinker but innocent third parties? The problem with associating
preventive actions with the assumption of guilt without proof is that it all
depends on how you define the offense. If the law says it is illegal to sell
booze to a person already drunk and a police officer witnesses such a sale,
there's justification to make an arrest, even though the drunk hasn't hurt
anyone yet. Right? I think sometimes you do have to control potential harms,
not just react after the damage has already taken place. Darron
No, not right. The cop has _one_ course of action open to him that is "right".
He can wait and see if said drunkard walks to drivers side of car, gets in,
turns key, starts engine, and moves car .000001 inch. Then he can arreast the
drunk. He cannot arrest the bartended unless he wants to be a party to a law
that has no place in a free society, as this one is supposed to be. The
bartender is not responsible for anyone he serves… if the person is legally
responsible for himself, then he's responsible for the alchohol he drinks, it's
effects on the society around him, and any consequences thereby. If he's NOT
responsible for himself, say he's retarded or a minor (another issue that needs
work — what constitues a minor — 21 is stupid) then who ever IS responsible
for said youth or disadvantadged person is the one to arrest… along WITH said
violator. You know, on the speedlimit question, looky here: as you drive
faster, on a curve that goes from .01 mph to say, 200 mph, consequences of an
accident get worse and worse, in terms of destructive potential everyone
involved in the accident. 55 is _not_ a magic number. The speed at which
virtually all collisions that don't involve falling off a cliff or some other
factor would be "safe" is probably around 15 or 20 mph, IF you assume that all
participants are wearing safety harnesses (seat belts — good ones), see the
accident coming, prepare themselves optimally, and that said accident involves
only people in vehicles that can sustain their structural integrity at those
energy levels. When you head on at 55, that's 110 mph into a wall made of
glass, metal, and other fun things, while a seat belt tries it's level best to
cut you into two or three pieces. The notion that 55 is the "right" speed is
absurd, and no less valid than 65 or 70. or 45. Differentials in speed are much
more important for highway accidents, and the current lane system makes no
provision to cope with that factor. –Ben–
No, not right. The cop has _one_ course of action open to him that is "right".
He can wait and see if said drunkard walks to drivers side of car, gets in,
turns key, starts engine, and moves car .000001 inch. Then he can arreast the
drunk. He cannot arrest the bartended unless he wants to be a party to a law
that has no place in a free society, as this one is supposed to be. The
bartender is not responsible for anyone he serves… if the person is legally
responsible for himself, then he's responsible for the alchohol he drinks, it's
effects on the society around him, and any consequences thereby. If he's NOT
responsible for himself, say he's retarded or a minor (another issue that needs
work — what constitues a minor — 21 is stupid) then who ever IS responsible
for said youth or disadvantadged person is the one to arrest… along WITH said
violator. You know, on the speedlimit question, looky here: as you drive
faster, on a curve that goes from .01 mph to say, 200 mph, consequences of an
accident get worse and worse, in terms of destructive potential everyone
involved in the accident. 55 is _not_ a magic number. The speed at which
virtually all collisions that don't involve falling off a cliff or some other
factor would be "safe" is probably around 15 or 20 mph, IF you assume that all
participants are wearing safety harnesses (seat belts — good ones), see the
accident coming, prepare themselves optimally, and that said accident involves
only people in vehicles that can sustain their structural integrity at those
energy levels. When you head on at 55, that's 110 mph into a wall made of
glass, metal, and other fun things, while a seat belt tries it's level best to
cut you into two or three pieces. The notion that 55 is the "right" speed is
absurd, and no less valid than 65 or 70. or 45. Differentials in speed are much
more important for highway accidents, and the current lane system makes no
provision to cope with that factor. –Ben–
Statistics isn't proof of anything. Suppose the drunken dummy has already made
plans to be taken home? You're saying he should be arrested in the bar?
Ridiculous. Should the barkeep? No. If someone chooses to drink themselves into
a stupor, of their own accord, that's their business. It only becomes properly
the law's business if that person gets into a car and drives off, posing an
*immediate* threat to anyone else on and off the road.
Statistics isn't proof of anything. Suppose the drunken dummy has already made
plans to be taken home? You're saying he should be arrested in the bar?
Ridiculous. Should the barkeep? No. If someone chooses to drink themselves into
a stupor, of their own accord, that's their business. It only becomes properly
the law's business if that person gets into a car and drives off, posing an
*immediate* threat to anyone else on and off the road.
John,
Would you agree that a different standard applies when the preemptive action
contemplated is action to prevent unintentional injuries? For example, is it
wrong to prohibit the sale of alcohol to an already intoxicated person on the
grounds that doing so is positively associated with accidents and injuries not
only to the drinker but innocent third parties? The problem with associating
preventive actions with the assumption of guilt without proof is that it all
depends on how you define the offense. If the law says it is illegal to sell
booze to a person already drunk and a police officer witnesses such a sale,
there's justification to make an arrest, even though the drunk hasn't hurt
anyone yet. Right? I think sometimes you do have to control potential harms,
not just react after the damage has already taken place. Darron
The basic problem with "pre-emptive legal action" is it presumes guilt (that
hasn't even occured yet!!) It is a major, and common, philosophy error to
equate a potential with an actual. Everyone has the physical potential to
commit wanton violence. Only a relative handful every actually do. There is a
world of difference between wanting to punch some dummy in the nose and
actually doing it.
The basic problem with "pre-emptive legal action" is it presumes guilt
(that hasn't even occured yet!!) It is a major, and common, philosophy
error to equate a potential with an actual. Everyone has the physical
potential to commit wanton violence. Only a relative handful every actually
do. There is a world of difference between wanting to punch some dummy in
the nose and actually doing it.
The basic problem with "pre-emptive legal action" is it presumes guilt (that
hasn't even occured yet!!) It is a major, and common, philosophy error to
equate a potential with an actual. Everyone has the physical potential to
commit wanton violence. Only a relative handful every actually do. There is a
world of difference between wanting to punch some dummy in the nose and
actually doing it.