Tuesday, December 4, 2007
Link of the day: No you can't borrow my pencil
I find this law disturbing. Isn't someone responsible only for their actions? I can understand if someone knew they were willing aiding and abetting a crime they'd be responsible for.. AIDING AND ABETTING! Not tried as if they committed the crime.
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3 comments:
I'm not sure what I think about this. I don't think those who unwillingly or unknowingly abet should be guilty (and the article doesn't make this to be the case). I do think there is some culpability if I hand you the keys to my car and I *know* that you plan to go over to a drug deal...then I have some responsibility. I guess, and this is probably what you might be thinking since you posted this, that I don;t think I should be guilty of committing the felony just because I helped you commit it. He didn't bash that girl's skull in.
the prosecutor's argument that t"no car, no crime" seems to be a shallow one. If I want to do something, I'm going to do it - even if I have to steal your car in the process after you fall asleep or pass out.
I agree, no car, no crime shows poor logic. Perhaps we can blame the murderer's mother for teaching him how to walk... no walk, no crime. Or take it to the "best" case for the the prosecutor's case. He handed the guy the shotgun that was used to bash her face in... he still did NOT bash her face in. The other individual made his own choice on what action to take.
This is a case of spirit of the law vs letter of the law. The spirit was obviously to punish accomplices who with willing intent would have lent him the car. The letter of the law is what lets fools get away with "NO CAR NO CRIME" logic. There is a reason manslaughter is different from murder - it is all about intent.
Although, I suppose that is why he got charged with murder instead of manslaughter. If the prosecution was charging manslaughter, it would be admitting he had no intent, and therefore the law (in spirit) wouldn't apply.
What an interesting society we live in.
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