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- Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU
- Path: sparky!uunet!gatech!paladin.american.edu!auvm!BROWNVM.BITNET!PL436000
- Message-ID: <POLITICS%92123111272296@OHSTVMA.ACS.OHIO-STATE.EDU>
- Newsgroups: bit.listserv.politics
- Date: Thu, 31 Dec 1992 11:18:14 EST
- Sender: Forum for the Discussion of Politics <POLITICS@UCF1VM.BITNET>
- From: Jamie <PL436000@BROWNVM.BITNET>
- Subject: Re: Hateful Penalties, some more
- Lines: 80
-
- >From: Andy Freeman <andy@SAIL.STANFORD.EDU>
-
- >>Actually, I don't see what difference it makes whether *I* like
- >>the hate speech enhancements or not. At least it doesn't matter
- >>to a real argument.
- >
- >I was asking for "good" reasons. "Bad" reasons aren't all that
- >interesting, even if they are offered by Jamie to keep things moving.
- >We can argue about how much "good" reasons that weren't a factor
- >matter.
-
- I don't see how this was responsive.
-
- Well, unless we are taking as a premise that only reasons adduced
- and defended by Jamie are good reasons. I am willing to accept
- that, but only arguendo.
-
- >>But many, most, policies that violate individual rights
- >>*are* unconstitutional.
- >
- >That seems either circular or wrong (since the 9th and 10th are dead).
- >If we go with the "the only rights protected are those explicitly
- >listed or found in some penumbra" theory that is currently popular,
- >there are plenty of rights that can be violated without running into
- >constitutional problems.
-
- It may be that Andy and I have different views about which rights
- people have. I believe that most rights that we have really ARE
- protected by the Constitution. Apparently Andy doesn't.
-
- What I'm saying isn't at all circular. I think we might have had
- an inferior Constitution, in which case very few of our rights
- would be constitutionally protected.
-
- >>That's because, like Rasputin, the United States is blessed with an
- >>unusually strong constitution. (That's only by-the-way, but so is this
- >>whole explanation.)
- >
- >The verb tense is wrong. Rasputin, like the US, WAS blessed with an
- >unusually strong constitution; things have changed.
-
- Touche.
-
- >>I'm not sure how you mean this.
- >>It doesn't matter whether they are "worrying" about the
- >>death costs and benefits. It matters whether they are
- >>worrying about the costs and benefits to themselves.
- >
- >But, "calculation" doesn't imply that they're considering death as a
- >possibility. A secret law can't have much deterrence effect, and the
- >legal consequences of an unconsidered possibility work basically the
- >same way.
-
- Hm. I'd have to think about this.
- My sense is that if someone wasn't even aware of the possibility
- of death (of the victim, of course), then it isn't criminally
- negligent homicide. I think criminally negligent homicide requires
- something like "wanton disregard for human life," which couldn't
- be shown at all if the possibility of death never occurred to
- the criminal.
- Maybe I'm wrong about this. Maybe the question is more like,
- "SHOULD the criminal have recognized the possibility of death?"
-
- >>Second, I don't see why it matters whether the criminal is
- >>an "ordinary person" or a "person with a history of
- >>criminal activity." What matters, it seems to me, is whether
- >>the criminal pre-meditated the crime, whether he thought
- >>about its consequences and esp. its consequences for HIM.
- >
- >History certainly matters for some goals, namely "prevent harm"
- >because we know that trends tend to continue. (If someone repeatedly
- >bashes others "in the heat of passion", we've got to do something
- >about THEIR passion because other people manage to be passionate
- >without bashing anyone.)
-
- Perhaps, but what we do can't very rationally be to plan to deter.
- It might be to plan to PREVENT further passionate attacks by the
- same person, but I was talking about deterrence.
-
- Jamie
-