I asked you a simple question, answer it.
Justifying a crime means to show that the crime is well just... that the crime itself is reasonable. That is literally not what I have been doing since I have contended IT IS A CRIME THE ENTIRE TIME AND HAVE only focussed on what the punishment should be.
In case you don't know because words mean nothing here, deciding what the punishment should be, in no way deals with justifying the crime, since the crime itself has already judged as an unjust crime.
There are several parts at play that you are ignoring, perhaps just lack the ability to see nuance in law.
The crime
The actions
The motivation
The punishment
You cannot lump them all into one thing and then say by explaining why certain actions may have happened, you therefore now justify the crime, no they are fucking separate things. You can easily say something is a crime, and that the actions were bad, but due to motivation, the punishment falls in some parameter.
You are playing in some fantasy land where these things are all one issue.
Can’t imagine picking this hill, of all hills, to die on.
You are not simply saying when a crime happened, you are attempting to push "WHY" it happened, and are arguing the mitigating justifications for that crime (like them travelling in the same social circles).
I'm pointing to the very definition of words, and you seem to be extremely butt hurt about it.
Seriously, stop fucking digging.
"You cannot lump them all into one thing and then say by explaining why certain actions may have happened, you therefore now justify the crime, no they are fucking separate things. You can easily say something is a crime, and that the actions were bad, but due to motivation, the punishment falls in some parameter."
That is literally a fucking justification.
yeah no... when a defence attorney notes a crime and then admits that their client has committed the crime and pleads juilty, they concede that there is no justification for the crime itself. But when it comes to how much of the sentence should be applied then you look at mitigating factors around the situations of the crime.
Justification would mean that you are just in having committed the crime
Trespassing is illegal, but if you are trespassing because you thought you heard someone in trouble, that is justification and as such the "crime" itself can be thrown out as you had sensible justification to trespass.Justification is a reason acceptable to a court as to why the defendant did what he is charged with having done. In short, through justification, the accused party shows and maintains a good legal reason in court, why he did the thing he is called upon to answer.
Courts do not accept the justification given in evidence under the plea of the general issue. Plea of justification supported by evidence is a complete bar to the action.
if you trespass because your family is poor and you are starving and you go to steal food from a fridge.
By pleading guilty and then saying "given the circumstances and motivations of the defendant, as they were not looking to harm people but instead was in a terribly hard spot in their life we would lessen the punishment"
that in no way justifies trespassing or theft
You are pointing out definitions of words while disregarding how they're used in a legal sense when I am literally harping on and citing the fucking laws in the state!
There is no justification or "good legal grounds" for him having done what he did, which I have said as much several times and have argued purely on WHICH PUNISHMENT SHOULD HE FACE FOR THE CRIME.
Last edited by Themius; 2020-05-16 at 03:22 PM.
And when you rattle on about how they travelled in the same social circles, and it was totes the same as a senior dating a freshman... You are trying to justify it. When I pointed out that you kept making excuses, you tried to argue against the definition of the fucking word.
All you've done, for days... is try and make excuses for him.
Oh sure, if you if you ignore that I then cite another law that carries very much the same sentence if your idea of justifying a crime is to charge a person with a crime that closely matches the crime because of preexisting laws and then use those to say I think the punishment he got is just within the parameters of the crime given the similar crimes on the books already under R and J and given the closeness to r and j it makes sense to treat it under that, then I guess that is justifying... though not to anyone who bothers to think about the legal side of it.
Hint:
THE CHARGE IS THE SAME, ALL OF THAT ONLY DEALS WITH WHAT THE PUNISHMENT SHOULD BE none of that deals with justifying any crime, and instead treats the crime as unjustly committed since I am literally calling for punishment I am in no way justifying shit because to justify would mean THEY WERE JUST AND THEREFORE SHOULDN'T BE CHARGED AT ALL.
If someone is charged with Murder 1, and then you say actually this fits Murder 2 more, THAT DOESN'T FUCKING MEAN YOU JUST JUSTIFIED MURDER 1 The fuck is wrong with you?!
Saying that Crime B fits better than Crime A, doesn't magically mean Crime A is now just...
Go quote me where I justified the crime as just and therefore he shouldn't have been charged with the crime. I'll wait.
I've spent this entire thread talking about what the punishment should be, and that it is a crime, and that it should be treated under Crime B instead of Crime A in my mind because of preexisting laws on partial consent.
All that changes is the treatment down the line, the time is the same... the charge is the same. So that in no way justifies the crime, instead it deals entirely with sentencing.
Do you think every single sentence passed in America short of the maximum justifies the crime???
Last edited by Machismo; 2020-05-16 at 03:39 PM.
Right and all of those arguments are why I feel it should be charged under partial consent laws, which in this case would have carried the same sentencing, only difference would be the long term effects.
All of that goes to punishment, none of that says he should get no time. I then go on to cite the law in NY on this, as my reasoning for why it should be under partial consent laws. Which in case you don't know, is still a crime with similar sentencing so, again where am I justifying the crime itself?
The reasoning there is quite literally why I wouldn't be for throwing the book. Not having the book thrown doesn't mean you are just in the crime, since if you were just in the crime there would be no book to throw.
Last edited by Themius; 2020-05-16 at 03:48 PM.
Actually again, no because justifying means that the crime itself is just and therefore there is no crime to be charged because you were just in action.
To be clear, you are arguing with me because I am saying the crime should be treated or thought of, under partial consent laws which would have carried likely the same sentence... and then give reasons for why it would make sense to treat the crime as such...which ultimately isn't changing the punishment.
And being that I was calling for same punishment just a different crime charge or mind frame around the crime... that in no way justifies the crime. Since then if I was justifying the crime I should think they should be absolved, yet that is not what I think at all.
Last edited by Themius; 2020-05-16 at 03:52 PM.
Actually no, my argument was it is not unreasonable for an 18 year old to mistake a 13 year old for older. Not that 13 is the new 18, but sure continue to lie, and then bow out because you want to ignore what the words mean in a legal sense when I am citing the laws and talking about everything in a legal sense.
Then my argument was if a 13 year old partially consented to an 18 year old that the 18 year old should be charged under partial consent laws, which carry iirc the same charge, and the same punishment (or near it) with the only difference between the sex offenders registration.
Then I note I think that is sensible given the preexisting laws in NY that somehow says an 11 year old can partially consent to a 16 year old, which is fucking bogus to me as 11 is very different from 13 and generally a person at that age isn't sexually active, or attracted to anyone, or even in puberty.
Using that law as precedent I then gave an argument for why I feel it should be under partial consent laws. Then go on to note that his crime, if his sworn statements are true, that he thought she was his age or older, treating him exactly the same as a grooming rapists, who has no chance of being part of the same cohort, doesn't make sense.
So where is this saying 13 is the new 18, or that the crime was just?? Have fun spinning lies, and ignoring how things work in a legal sense, when we are literally talking about laws.
Last edited by Themius; 2020-05-16 at 04:02 PM.