Classic :H: post
Thanks, but I could use a little more help because I am not understanding.
Are all crimes with possible detrimental outcomes excluded from being malum in se?
So this is a matter of you truly not understanding even though you claimed to have understanding.
Again, something is Malum in se if it is
INHERENTLY WRONG (or evil.) I've typed that at least once now and I've bolded it so you pay attention to it. Again, if something is
inherently wrong it will fall under this classification. Murder, rape, stealing, etc. Something is Malum prohibitum if it is PROHIBITED by way of STATUTE or some other type of legislation or law making. Examples of this are speed limits of 25 miles, jay walking, burning trash without the proper permit, etc. Stop worrying about the
OUTCOME. Be more concerned with how the law is/was established and/or applied and interpreted than the outcome at this point.
http://legal-dictionary.thefreedictionary.com/Malum+in+se
http://legal-dictionary.thefreedictionary.com/malum prohibitum
Say i set up paper targets in my front window. …I can only think blindly shooting a gun out my front window would be malum in se?
This question is quite useless.
How would you classify if someone knowingly has aids and doesnt tell their partner?
See above. However, I believe people who knowingly infect others should face more severe charges such as attempted murder.
Correct me if im wrong, but the way I understand this is that categorizing crimes into these two categories is not black and white. As I previously said, i thought crimes are categorized into these categories by a civilized society.
You aren't making any sense right now. Something is wrong because it is wrong within itself/inherently wrong or because there is a statute stating it is wrong. It can’t be made any simpler than this.
I did a quick search trying to find any stats of peoples opinions on drunk driving but couldnt fin. However, I strongly believe if you were to take a poll, the vast majority would say drunk driving is wrong, and not because a law says that it is.
Listen, what you strongly believe is really of no concern to me. I don't care if you, I, my mother, the birds outside of my window or Santa fuckin' Clause say's it is wrong. Drunk driving is wrong because there are STATUTES which say they are wrong and those statutes depend on the fact that we have cars, people drink and people drive them. If there are no cars or liquor would you need a drunken driving statute?
I did come across this article which I thought was kind of funny:
"If you ask 100,000 people whether drunk driving is good or bad, 100,000 of them will wonder why you're asking them such a dumb question.
"Bad," they'll say. "Drunk driving is bad. You're the worst pollster ever.""
More absurdities. First off, if you're going to tell me about some fantastic article cite your source. Secondly, I'm not saying drunk driving isn't bad. What I am saying is that the reason you have drunk driving laws is because statutes were created not because it is inherently wrong to drive drunk.
So I still dont believe me categorizing drunk driving as malum in se is as outlandish as you made it seem.
It's more than outlandish.
Maybe we are not on the same page.
Clearly we aren't.
When I say something like "I think DUI would be categorized as malum in se" I am trying to say how I believe it would be categorized by a civilized society between malum prohibitum or malum in se. I am starting to get the idea you are arguing your personal opinion that you dont think DUI is wrong?
You aren't making sense. Here you are talking about what you "believe" then you start telling me about some wacky idea about me arguing my personal opinion that I don't think DUI is wrong. DUI is not
inherently wrong. It is wrong because we have statutes saying it is wrong. Since it is not inherently wrong, it falls under Malum prohibitum.
I am not sure what you think I am misunderstanding and i am not sure why you keep going back to this "human idea".
Did you not say, "Maybe im not understanding what you are saying, but the way i see it is that you are stating a "human opinion" and using third world countries as support for your opinion?" How are you not sure about what I think you are misunderstanding when I quoted you and
specifically addressed your misunderstanding?
I dont think I ever said your idea was a "third world idea" or that it wasnt a human idea. I just stated that you are using third world countries/ideals to support your idea. At least thats what I thought (apparently incorrectly) you did here:
Once again you aren't making any sense. You just said "I dont think I ever said your idea was a "third world idea" then you say "I just stated that you are using third world countries/ideals to support your idea." Do you not see the contradiction?
I guess since you included early America as an example I shouldve said third world AND/OR not modern, civilized societies rather than solely third world ideals. My apologies.
Again, you keep talking about "civilized societies" yet you've provided no explanation of what such a thing is. I mentioned “civilized” initially because I wanted to head off this type of argument.
Regardless of that though, I understand it is a "human" idea. What isnt a human idea?
I mentioned it so others could get a better understanding. What exactly is your reason for talking about it?
Along that line of thought, would anything be considered a third world ideal? Couldnt you argue the same thing for human sacrifice? While the there are still people in America that believe in it, I would personally considerate it a third world ideal.
Red herring.
Nevertheless, I have a hard time believing this was a commonly practiced tactic of early america. Im not sure if you have any examples?
I have plenty of examples, but the fact you keep typing such tomfoolery and telling me what you have a hard time believing gets the door slammed in your face. At this point, my advice to you is to take two American history courses (colleges offer two types based on time period) and two types of criminal justice courses (one devoted to origin/common law and one devoted to modern law.)
Looking back, Dfresh77 seems to have a similar opinion as mine, so I dont believe I am totally coming from right field with this
I had to edit this to be less intense...I'm gonna let this one slide.
I previously overlooked/didnt answer this from you
Less typing. More reading.
I would like to believe we do not employ these tactics of shared culpability, although im sure SOME people do carry out these actions.
You just lost your entire premise. This exchange can actually end now but I'll keep going.
However, these tactics are crimes of war (which should give you a good idea on how a civilized society feels on this matter). Do you have any examples of this occurring, preferably on a wider scale?
In many places they aren't crimes of war. In many theocratic societies they are accepted and relied on. "Wider scale" needs to be defined (by you), but, due to your shenanigans and being Doubting Thomas, instead of just asking for the info when I already told Dfresh I would give him ISBN's (which I offered and he never asked for), you're SOL.
Yes, you can argue what a civilized society is. I do not care to go there with you haha.
Huh?
I believe we all understand what is meant by a civilized society and for the purpose of this discussion I will simply use modern America as an example.
Listen, I can only speak for MYSELF and what I understand. When it comes to what "we all understand" I don't put ANY stock in "we."
Just because there isnt a universally agreed upon definition doesnt mean there isnt a commonly accepted definition.
Circle talk.
http://thesaurus.com/browse/universal+agreement
Did i ever say there was a universally agreed upon definition of a civilized society? If not, why are you asking a leading question?
Asking you to provide a universally agreed on definition of society is not asking a leading question. It was not followed by my answer of yes/no nor was it
suggestive. In the future, if you don’t know what a term means DON’T use it.
Perhaps you could give me a highly logical and universally accepted definition of heinous, since you mentioned it?
Red herring.
You seem against this civilized society term.
What would lead you to form this assessment?
To remind you, im not the one that brought up malum prohibitum and malum in se.
To remind you, you're the one who claims he understands it but CLEARLY does not. I mentioned it because Dfresh compared two crimes that were not similar.
If you do not like the term "civilized society" would you mind explaining malum prohibitum and malum in se without using this term or the like?
You need to clarify this sentence because it’s convoluted. Rephrase and ask again.
My fault. My questions in this case was more rhetorical. I was just using it to support my case that shared culpability is not a wide-spread belief shared by the majority of people in a modern, civilized society like america. Your statement of "all it would take" seems to coincide with my belief that it is not an ideal currently held by the majority of the people in this country, so i think we can put that to rest.
Again, how can you tell anyone what is shared by the majority of people in a modern civilized society when you haven't defined what it is? Ok, so now you say "America" but what exactly does that mean? America provides 60% of the worlds arms, America has the highest incarceration rate, wastes more resources than any other country, etc? What makes America "civilized?" Moreover, why are you attempting to argue a “case” pertaining to the wide spread application of shared culpability when you stated that we agree that it is not a commonly accepted idea?
In reference to "all it would take" you need to read what I wrote and then backtrack and read what I was replying to. Do this and you'll have a better understanding.
And you very well may be right that it would be easy to get this idea...i have a hard time believing it would be a simple task to get the majority to support the idea of killing the offender and the offender's family members.
Again, all you need is a CATALYST. Just like 9-11 was a catalyst for more airport security, just like gang violence and drug wars were a catalyst to remove assault weapons from the hands of citizens. Do you know what a catalyst is? If not google the term then when you've read brush up on Hegelian dialectic examples/processes.
No you didnt, and im sorry, that wasnt my point.
So get to your goddamn point because I'm actually tired of wasting my time here.
I am basically trying to understand what you would consider a third world ideal, or rather, why you dont think shared culpability is a third world ideal. It seems we agree it is not a commonly accepted ideal by people in a civilized society, and the only examples you have presented are third world countries and early america.
You're a selective reader. R-E-A-D the
BOLDED question. Do you see another example in there?
But yet we are stuck butting heads. I am just not understanding why you dont believe shared culpability is a third world ideal.
We aren't butting heads. Trust me on that one.
Maybe I need a definition of "human idea" if its something other than what it sounds, or like i said above, an example of something that would be considered a third world ideal.
It's simple. It's something humans believe, revere, enforce, concoct, etc that is not restricted or confined to one specific culture or group. It can be defined as universal, common, etc. Third world was introduced to head off the "no one in the world does this" argument. With that being said, go back and read the conversation from the start. (The initial statement was made with people like you in mind.)
Your "above" does not address the question presented. Again, we employ such tactics in times of war against so-called enemies so why should we refrain from utilizing extreme methods on citizens who do heinous crimes?
Guess what? I disagree again haha. If I could say you were wrong for certain, there would be no doubt. If I cant say for certain, there is some doubt. It would be illogical for me to say that i do not know all of the facts, but that i am certain you are incorrect.
Word-jugglery. Listen, I don’t know what great rock of rhetoric you crawled from under but I know when people are implying something is incorrect, false, etc. Save it. According to you, you don’t have ANY knowledge of the topic yet you HIGHLY DOUBT what I was initially going to provide the other poster with? LOL! You need to brush up on logical fallacies and bias.
I am more than capable of using my knowledge/education, common sense, and reasoning to form an educated idea on a topic that I do not know all of the facts about. It doesnt matter if i openly state my background on the subject, the logic is the same. Making that statement openly gives you more information which will change your confidence and perception of my statement, but it doesnt make my statement more logical or illogical.
So far, you have not shown that you have knowledge pertaining to what we're discussing, have openly refused to answer questions and so you can't rely on an appeal from authority position. Moreover, your logic would simply be rooted in confirmation bias. Your statement was illogical from the start so there is nothing I can add to it that will change this.
For instance, you make the statement "the population of the US is 20,000 people". It wouldnt matter if i said, "I cant say youre wrong for certain since i dont know the exact figure off the top of my head, but I highly doubt the population is 20,000 people. I think the population is slightly above 300 million." or if I said, "I disagree, i think the population is slightly above 300 million". The difference isnt the logic, its the amount of background information ive given you.
The thing is, I was going to provide the relevant information until you came in trying to circumvent the flow of information and thread. In the future, don’t do that with me. It’s a QUICK way to get the door slammed in your face and for me to be like, “Fuck this nigga over here.” Most of the board’s vets can tell you this is NOT the way to get info from me. It’s ok to doubt, being a skeptic and critical of information is encouraged, but if you’re going to word it the way you do, which I rightfully interpreted as slick, off the cuff and with a tad bit of sarcasm, I say fuck it. I understand argument, rhetoric, persuasion and critical thought, so when you WILLINGLY type the shit you do, I know EXACTLY where you are coming from.
Now that I think about it, I can remember hearing of a couple countthat used to cut off family members hands and sometimes limbs if the father or whoever wasnt working hard enough, but no, I cant name them off the top of my head. But im not sure what impact this has on our argument anyway...
What argument? I can tell you right now old school members like seeing this shit. This isn’t an argument, no, not by a long shot.
As I asked before, do you have any support that this is true? Could you give me 1 example...Or really any statistical data showing successes/failures of shared culpability and its affect on overall crime rates.
Before you opened your mouth I was going to post 8 links (in my favs) and 4 ISBN’s (along with specific page numbers and chapters) to enlighten the readers. So why am I sitting around with this type of info anyway? I’ve explained that to the board in the past and will explain further in this post.
Do you have any support or evidence showing that the failure of this tactic is in fact linked to a lack of enforcement?
Not only does the information have compare and contrast different countries, it shows how lack of enforcement (and in some cases enforcement) can be linked to institutional deviance, poverty, corruption, bias and other factors. Many ideas are introduced and in many cases the evidence supporting correlations was provided.
I believe it is fine to state your knowledge/credentials....Your above statements make it sound as though you know all of the answers and have all the data to/for the questions that I am asking, which Im looking forward to learning.
I have two different criminal justice degrees (graduated with highest honors with a 3.79 gpa) and currently attend UC Berkeley (school of letters) and may apply to their law school (Boalt Hall) at a later date (after I finish up these music projects and finish my work at the school of letters.) Anything else?
As the days go by the body count rises. We’ve thrown serious money at research devoted to predisposition and the insane (which is a legal term, btw) but the results are dubious. At this point, what needs to happen is extreme measures reflecting the individuals crime and making them a victim (or threatening to make them one) should be used. You kill 12 people? You rig a home with explosives? We go get your momma, we make her open the door. We go get your little sister and we make her open the door. We let the family members of the deceased beat the shit out of you for a limited time period. You do this and crime will see a decrease. I’m not saying it will disappear, it won’t, but hella people would be noid to do shit because now they know if they get caught it’s not just coming back on them. Extreme? Yes, but it’s time we go there. If not, you’ll have more fools killin over and over and hippie ass niggas protestin’ the needle and chair.
Sorry for relying on a plethora of logical fallacies. I am here to learn so hopefully in the future I wont have to rely on these fallacies.
You are getting the “:H:” treatment. Do not take it personal. Just take it as getting your wings or drivers license or membership to an exclusive club.
I understand what you believe to be is the right "level" of deterrence and that my statement crossed your line. No need to go further with that.
No problem.