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Joined: Jan 2003
Posts: 6,428 Likes: 1
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OP
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Joined: Jan 2003
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.... carried the same penalty as the crime itself?
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Joined: May 2006
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Joined: May 2006
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Nope, sorry. You can't punish someone for something they haven't done.
Oddly, I remember making this same point in a death penalty discussion years ago, here at RR.
Julia A 45’s quicker than 409 Betty’s cleaning’ house for the very last time Betty’s bein’ bad
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Joined: Jan 2003
Posts: 6,428 Likes: 1
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OP
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Joined: Jan 2003
Posts: 6,428 Likes: 1 |
Okay... I hear you.... "punish for something they haven't done". Note... didn't say punish....I said "carried the same penalty". Did not say convict. And if the kid calls the school systems in your town with a bomb threat, would bringing him to court and charging him be punishment? Words have meaning. Suppose the guy down the street says, I'm gonna shoot up Walmart!? ...and even if it was just a joke? conviction versus penalty... not quite the same.
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Joined: May 2006
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Joined: May 2006
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According to Webster's, punishment is the infliction of a penalty.
There is a certain amount of playing with words here, so I'll make myself as clear as possible.
When a crime or misdemeanor has been defined, a penalty is also defined. The penalty can be inflicted, or carried out, only when someone is charged and found guilty of that crime or misdemeanor. One can be convicted of threatening murder, and/or of committing murder, but the two are not the same and they carry separate penalties.
Sorry - this is my second attemp at a post; the first disappeared into the ether.
Julia A 45’s quicker than 409 Betty’s cleaning’ house for the very last time Betty’s bein’ bad
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Joined: Jan 2003
Posts: 6,428 Likes: 1
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OP
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Joined: Jan 2003
Posts: 6,428 Likes: 1 |
Interesting... Johnny is home sick, and feeling mean. He calls the school, or writes a note... "The School is wired with a bomb that will explode at noon." Police come , check out the school, find no bomb... Johnny confesses, receives two weeks detention... or at worst, may be charged with a felony... usually a year in jail. My point in the beginning, was hoping that the law would provide the ultimate charge.... attempted murder. Making clear to the population the seriousness of the crime, IMHO, would give pause to many troublemakers... like this: Pressure cooker threat This does not preclude a trial, but if only a partial influence on those who would try the offense, something more than what now disappears in the news. For obvious reasons, I would not suggest that going 70 in a 65 mph zone should entail a $1,000 fine, but I think you'd agree that it might slow down some freeway traffic.
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Joined: May 2006
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Joined: May 2006
Posts: 10,151 Likes: 54 |
And my point is that "Johnny" would be charged with a bomb threat and not an actual bombing, and the penalties for the two are not, and should not be, the same,
Julia A 45’s quicker than 409 Betty’s cleaning’ house for the very last time Betty’s bein’ bad
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Joined: Jan 2003
Posts: 6,428 Likes: 1
old hand
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OP
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Joined: Jan 2003
Posts: 6,428 Likes: 1 |
we can agree to disagree... onwards and upwards.
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Joined: May 2006
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Joined: May 2006
Posts: 10,151 Likes: 54 |
Dear God, It - I think the penny finally dropped for me. I don’t know why I didn’t see what you were getting at - or rather, I saw it from the wrong perspective - and I apologize for my obtuseness.
I still think it’s a seriously bad idea, though, so I’ll sign that ‘agree to disagree’ doc if you’ve got it handy.😄
Julia A 45’s quicker than 409 Betty’s cleaning’ house for the very last time Betty’s bein’ bad
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