Posted on 06/16/2008 9:43:25 PM PDT by LibWhacker
That's because criminal law is based on *intention*. If you kill someone on accident, it's not murder it's manslaughter. The idea is, when you're dealing with a wacko there's a really big question if there's intentionality there or not. Do they really know what they're doing is wrong? etc...
It is not totally based on intention otherwise we have chaos. Many criminals have claimed mental illness and were executed anyway. The jury did not buy his story
If I'm on a murder jury intention will get no consideration in heinous cases such as this one
It is not totally based on intention otherwise we have chaos. Many criminals have claimed mental illness and were executed anyway. The jury did not buy his storyYes, it is. You mean to kill someone in the heat of passion it's second degree murder. If you plot it in advance it's first degree. If you don't intend to kill a person at all(i.e. you kill them in an accident) it's manslaughter.If I'm on a murder jury intention will get no consideration in heinous cases such as this one
Criminal insanity defenses are based on whether the defendant knew what they were doing was wrong. Your thinking is muddled, just because criminals were judged *not to be insane* does not have any bearing on the law itself or its intention.
I have read a little about that. There are many things I admire about Japan, like the fact that their educational system produces more engineers than lawyers. And the high literacy rate even though written Japanese must be a difficult thing to master. But it seems like Japanese children do not have a chance to live like children.
I think the comic book and video game "culture" among adults is a sign of a society that has become decadent (but I think America is probably more decadent than Japan). A society that is completely decadent cannot defend itself. The fact that Japan executes horrible criminals and this justice has wide appeal is a positive sign. In America the intelligentsia treat horrible criminals like heroes, almost. I think a lot of Western societies have lost the will to survive (I could call this loss of will "terminal decadence"). I am glad that at least Japan evidently has not lost the will to survive.
We have the same murder laws we did 50 and 100 years ago. Yet intent is given more weight than back then because nearly everyone has gotten softer and liberal. You are just going along with the fad. I’ll know if it is a first degree murder case in court. And if on that jury I will give minimum consideration to intent. Especially if your “mentally ill” killer kills a child or multiple victims
I see these Japanese kids, junior high or high school, after "juku" at 11 p.m., noses deep into comic books at the local 7-Eleven or Lawson's conbini. Thick, coke bottle eyeglasses, puny physiques, esconsed in those magazines like there is no outside world. You can try to step around them saying "excuse me" and get no movement out of the way, or maybe just a grunt. If you engaged one eye to eye and said "konnichiwa" or "konbanwa" out of the clear blue sky, they would have absolutely no response to another human being simply saying "hello". These are total robotic kids with NO social skills, getting hyped up on lurid, graphic comics, and then freaking out when they try (and fail) and cannot get real women and fall flat on thier faces. Some carry this densha otoko thing to disastrous ends.
Their dream world overshadows actual reality.
And then some of them go for the survival knife here in Japan; in the US, they go for the automatic weapon as in Virginia Tech.
Freaks. Walking landmines.
I just want to second that.
I have read a little about that. There are many things I admire about Japan, like the fact that their educational system produces more engineers than lawyers. And the high literacy rate even though written Japanese must be a difficult thing to master. But it seems like Japanese children do not have a chance to live like children.Naaah... Japan has its share of no-hopers and thugs too. I should know I used to run into them at the convenience store all the time. Japan has always had manga and porn as well.I think the comic book and video game "culture" among adults is a sign of a society that has become decadent (but I think America is probably more decadent than Japan). A society that is completely decadent cannot defend itself. The fact that Japan executes horrible criminals and this justice has wide appeal is a positive sign. In America the intelligentsia treat horrible criminals like heroes, almost. I think a lot of Western societies have lost the will to survive (I could call this loss of will "terminal decadence"). I am glad that at least Japan evidently has not lost the will to survive.
The difference today, IMO, is that it's gone too far, back when Japan was still relatively static, everyone knew everyone. This made it a lot safer. Nowadays, like the states, you have people that are completely isolated from one another. They live, cooped up in tiny little mansions(not what you think, a Japanese "mansion" is a tiny little condo) in a society that's very careful to protect its privacy. People have urges to have friends, sex and money. If society represses these urges, they tend to come out in other, horrible ways. When society was tighter knit, Japanese people tended to commit suicide. Now, on very rare occasions, they explode in murderous rages.
To me it's a sign that the path that used to result in successful members of Japanese society has become pathological. It will take a huge feat of social engineering or a societal collapse to fix it.
You certainly know the drill. Sometimes kids can be pushed TOO MUCH to excel here in Japan. Also, absent fathers seems to be a big part of it, total dysfunctional, mazaa-con based families.Yup. I remember having a conversation with the son of a friend of mine(who had just gotten kicked out his piano lessons for putting his fist through his teacher's piano, not that I blame him, he never had a second of free time) about why he wanted to go Waseda(one of the top 3 Japanese unis). He said "If I go to a top notch college I will be able to get a girlfriend". I just sort of gave him a funny look at said something to the effect of "good luck with that". Then again, Waseda kids are still omiai(arranged marriage) candidates.I see these Japanese kids, junior high or high school, after "juku" at 11 p.m., noses deep into comic books at the local 7-Eleven or Lawson's conbini. Thick, coke bottle eyeglasses, puny physiques, esconsed in those magazines like there is no outside world. You can try to step around them saying "excuse me" and get no movement out of the way, or maybe just a grunt. If you engaged one eye to eye and said "konnichiwa" or "konbanwa" out of the clear blue sky, they would have absolutely no response to another human being simply saying "hello". These are total robotic kids with NO social skills, getting hyped up on lurid, graphic comics, and then freaking out when they try (and fail) and cannot get real women and fall flat on thier faces. Some carry this densha otoko thing to disastrous ends.
Their dream world overshadows actual reality.
And then some of them go for the survival knife here in Japan; in the US, they go for the automatic weapon as in Virginia Tech.
Freaks. Walking landmines.
We have the same murder laws we did 50 and 100 years ago. Yet intent is given more weight than back then because nearly everyone has gotten softer and liberal. You are just going along with the fad. I’ll know if it is a first degree murder case in court. And if on that jury I will give minimum consideration to intent. Especially if your “mentally ill” killer kills a child or multiple victimsWhoa there killer. Read this before you make any more of a fool of yourself.
“Not to sound a little sick but how do they carry it out there?”
http://www.freerepublic.com/focus/f-news/1423612/posts
A View to a Kill (A rare look at a judicial hanging in Japan)
Foreign Policy ^ | May/June 2005
http://www.freerepublic.com/focus/f-news/1758450/posts
Japan: Four hanged on Christmas Day
December 26, 2006 04:14:31
I lean toward firing squads, being something of a traditionalist...
It may shock you that not all legal systems place so much weight on intent/state of mind. You might even have a few examples. Or do you not?
You can choose to be seduced by intent. I’m not and the America of past decades wasn’t so easily fooled either. On the operative level, in the courtrooms, we give too much weight to intent today
I'd forgotten about his father's suicide. Poor man. I can't imagine the horrific pain his wife must feel. Most Japanese have a deep sense of honor. Had the justice department dealt more swiftly with his rotten son, he might still be alive.
South Korea also carries out executions and has a robust economy.
It may shock you that not all legal systems place so much weight on intent/state of mind. You might even have a few examples. Or do you not?Were you born stupid or did you work at it? Mens Rea is the foundation of the American Legal System, and has been since our country's inception. No amount of mindless blithering from you is going to change that.You can choose to be seduced by intent. I’m not and the America of past decades wasn’t so easily fooled either. On the operative level, in the courtrooms, we give too much weight to intent today
I wonder what he ordered for his last meal.
Your mens rae used to used more intelligently. When it lets the mentally deranged kill and not get the death penalty... Then mens rae is not being rendered justly
As far as intent-—You obviously don’t know much about other legal systems.
Your mens rae used to used more intelligently. When it lets the mentally deranged kill and not get the death penalty... Then mens rae is not being rendered justlyIt's Mens Rea moron. Also, common law has ruled that the insane should not be executed for *centuries*. If you ever get tired of being stupid google "James Hadfield".As far as intent-—You obviously don’t know much about other legal systems.
Fact is the insane have been executed for centuries. Your BS mens rae was swept aside and justice was rendered. And that my friend is the difference between theory and practice
My only problem is not ignoring mens rea the way it used to be.
I have no problem with understanding intent for lesser crimes. But for serious bodily injury and killings .... I could care less what the perpetrator’s state of mind was
Say some retarded punk mugs your 84 year old father, puts him in a wheelchair where he needs constant medical attention. Will you really care about mens rae? I sure won’t. I’ll want death for the punk or life in prison. These days such punks get short sentences because “intent” is taken too much into account.
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