Dodger12

Super Moderator
Messages
7,408
Reaction score
4,344
That's what I said right here...

I didn't initially see that Pep. I'm kind of surprised though at how many people are on opposite ends of the spectrum on this issue.

One thing I will say is that we've bastardized the appeal process to the point that it takes years in many cases to see justice done which is why some people may be taking this tone. It's not a perfect system but it's the best one out there.
 

VTA

UDFA
Messages
2,676
Reaction score
611
But even if that's the case, there is still the need for a trial. There are elements to each crime that have to be proven... and in the instance of these mass killings you have to prove the criminal intent. That's where premeditation, insanity, etc. all come into play. It's not as simple as did the guy do it beyond a reasonable doubt. For centuries the law has considered differing levels of criminal intent. You can't just say we caught this guy in the crime and string em up old west style.

With all due respect, you folks are missing something. Who will choose when we stray away from the Constitution and deprive someone of their Due Process? Today it's for a terrorist related crime. I also think that child molesters are heinous animals. Will we throw them into the mix? I think an argument can be made for "public "safety". What about a rapist? I guess my point is that these decisions will be made by these dolt politicians who don't even know enough than to not show their penis on twitter to a complete stranger. Or some stupid bitch who isn't smart enough to realize that a 30 round magazine can be reloaded and is not disposable after it's emptied. Or some dumb elected cocksucker who thinks Guam will capsize into the ocean if it's over populated. And we trust these folks to make these decisions and distinctions for us?

Bottom line is this: the Constitution wasn't made to protect us from terrorists or rapists or murders. It was made to protect us from the government. It was made to protect us from idiots such as Hank Johnson and Anthony Weiner. Beware people making exceptions for these heinous crimes because once you lose a liberty, you'll never get it back.

Let me put it this way; I'm all about less gov intervention and not allowing them to do things 'for our own good', but what I'm unclear about, because my initial reaction to the specific case broadened out to include people like Loughner and the guy from Colo, is where in the Constitution does 'proving criminal intent' fall in?

If Loughner walks into a crowd and starts firing, why is it necessary to prove his purpose? He did it. Clear as day. He didn't trip and the gun went off; he aimed, pulled the trigger and got the desired effect. I'm also not one to care about the insanity plea. I think if you're going to do that it very well takes normal brain functions off the table, so why wring our hands over it? Who inserted these things to fall under due process and when?
 
Messages
8,660
Reaction score
0
Let me put it this way; I'm all about less gov intervention and not allowing them to do things 'for our own good', but what I'm unclear about, because my initial reaction to the specific case broadened out to include people like Loughner and the guy from Colo, is where in the Constitution does 'proving criminal intent' fall in?

If Loughner walks into a crowd and starts firing, why is it necessary to prove his purpose? He did it. Clear as day. He didn't trip and the gun went off; he aimed, pulled the trigger and got the desired effect. I'm also not one to care about the insanity plea. I think if you're going to do that it very well takes normal brain functions off the table, so why wring our hands over it? Who inserted these things to fall under due process and when?
The thought process, or the mens rea, of an alleged criminal has been an element of proving a crime since the days before the United States was formed. Most of our legal theories are derived from English common law, and early in this country's formation common law is what was used. It's obviously evolved since then, but there's always been an element of criminal intent in any crime in the US, unless it's a strict liability offense.

You can trace English common law's origination back to the 800s.
 

VTA

UDFA
Messages
2,676
Reaction score
611
I'm know it's much larger than my opinions. Thanks for the info.
 

JBond

UDFA
Messages
2,667
Reaction score
2
Your comment to me when I mentioned he deserved due process as an American Citizen

Picking and choosing when we afford a citizen constitutional rights, same thing could be said about your military tribunal idea.


It's an emotional topic that's why that was one of the first things I stated when responding to VTA. I just think if you are for the constitution as the governing structure behind our democracy then you can't pick and choose when it applies.

It is an emotional topic. 9/11 changed a lot of things for me and how I view terrorists. Thank you for the reasonable back and forth discussion. I appreciate it.
 

Iamtdg

2
Messages
5,614
Reaction score
0
I was pretty reasonable, wasn't I? I didn't once call 2233 a moron.

Love ya, 2233.
 

bbgun

Administrator
Messages
15,187
Reaction score
2,384
HUGE line to get into tonight's Caps-Jets game due to the recent bombings. Security was checking everything. Fuck you, terrorists.
 

bbgun

Administrator
Messages
15,187
Reaction score
2,384
they overcame a lot of shitty refereeing. some maniac behind me was ready to storm the ice.
 

Jon88

Pro Bowler
Messages
19,523
Reaction score
0
Able-bodied people shouldn't be able to immigrate here and get on welfare. That's ridiculous. The piece of shit was making his wife work 80 hours a week while he sat at home making bombs.
 
Top Bottom