snood wrote: Occom Bill:
Quote:Snood, my bias is deeper and broader than that. Violence and disrespect against women erks me to the core. I'd become ill were I to watch a female on female fist fight, because my instinct would be driving me to protect them both. Meanwhile, I can watch men knock each other out on the UFC as easily as a football game. Let there me no question; I am biased.
My personal biases may taint my opinions, yes, but that in itself is provides no indication of the veracity of my written arguments. Disprove them on their merits, if you can. Alluding to my bias is irrelevant until you've successfully done so.
It's very relevant, because your bias keeps making you allude to the esoterica of the case in question, whereas I'm just trying to point out that laws have to be applied equally or they lose meaning. I don't care about your, my, or anyone's opinion about how male and female's psyches differ, or anything like that - I'm just interested in any rational argument you can mount to the effect that the law could be written to consider those things. How would it be worded to make the distinction? "Any female committing carnal acts with a minor, except those resembling playboy bunnies, shall receive so-and-so for a first offense,..."? How would you incorporate your views about the differences in quality and quantity of impact according to gender and attractiveness if you had to enforce a law about it?
We've talked past each other long enough. I didn't bring up the points outside of a court of law, because of some inability to focus. Prior to your response to my post; no such restriction existed and the topic has interesting social impacts as well as legal ones. To that extent; my bias towards women remains irrelevant to my points. I can understand how your finer tuned focus on the discussion, might leave you thinking I was just straying, but I haven't been sharing your focus in the first place... or that wouldn't have happened. See what I mean? A thread could be filled with the impacts of this case
excluding legal opinion altogether.
snood wrote: Quote:Despite being in the restaurant business; I recognize the pro's and con's of the food, service and concepts in other restaurants absent my "personal bias" almost daily. If I tell you the Fillet Mignon sucks or is fantastic at so & so's restaurant; believe it.
Man, talk about apples and bowling balls...
![Laughing](https://cdn2.able2know.org/images/v5/emoticons/icon_lol.gif)
That's quite a reach, eh? I was attempting to demonstrate that arguing I have a bias in lieu of an argument against the numerous points I raised is Ad Hominem, without trotting out that tired phrase, yet again today. Standing in your shoes, I don't see it either. Stand in mine and you'll see it crystal clear.
snood wrote: Quote:To "get past all the anecdotal evidence and amateur psychologist speculation", I'd have to bow out of the conversation because I have no expert qualifications. Do you? Do the rest of the people opining here?
No Bill, no one would have to bow out of the conversation - you don't have to claim any expertise in the finer points of human psychology to discuss what I'm focusing on - I certainly don't have any such expertise. All that's necessary is that you can argue either pro or con, for or against the notion that laws should be applied euqally, regardless of gender or physical attractiveness. It's a discussion taking place a lot these days, affected significantly by the actions of the kewpie-doll looking schoolteacher in question.
See, that's where you lost me. Go back and read what you wrote objectively. It was easy for me to mistake it as a challenge to my qualifications; as opposed to the vague demand that
all discussion not under your limited focus cease on account of it's irrelevance, that it was. My comparisons are quite relevant, just not in your focus... which I was largely unaware of since you hadn't yet addressed me on this thread at that time.
Skipping ahead to where we weren't talking past each other...
snood wrote: Quote:To answer your question (I probably shouldn't, because this isn't going to go over well
![Shocked](https://cdn2.able2know.org/images/v5/emoticons/icon_eek.gif)
); yes. I think a conscientious judge should consider every factor in both the extent of the crime and the degree of harm done and sentence accordingly.
...and I think you are ignorant either willfully or innocently of a humongous slippery slope that would open the door to.
I'm not in the habit of being willfully ignorant, or I'd be forced to suggest you are struggling with a
false dilemma. As it is; I'll opt for innocently ignorant of a humongous slippery slope (anybody hungry? Got some extra crow here...). In my partial defense; I was answering as honestly as possible from the perspective of a judge, not a legislator. I would have readily agreed from the legislator's shoes in a heartbeat. The following paragraph finished convincing me my "judge's perspective" was faulty as well.
snood wrote: In my view of this justice system and this America, I don't want to be telling judges they should take into consideration how the defendant looks; there is enough trouble trying to get them not to do that already. Would we next be saying we should punish certain races more harshly, because of the comparativepsychological damage done?
If I followed that in that line of ignorance; yes. I would have.
![Embarrassed](https://cdn2.able2know.org/images/v5/emoticons/icon_redface.gif)
Thanks for setting me straight on that.
snood wrote: Quote:The social consequences of being statutorily raped by Rosanne Barr would be much different than by Penelope Cruz.
Again, my concern is not the social consequences of being raped by Rosanne, or Penelope or Brad Pitt or Michael Moore. It is whether or not our laws shoud take such things into consideration. And on that we simply disagree.
I now recognize and agree this must remain irrelevant, legally... But are you saying you disagree with that from a social standpoint as well?
snood wrote: Quote:I know that sounds terribly unfair; but I think it is the truth.
Oh it doesn't just sound unfair - it is patently and grotesqely unfair.
Condeded, legally. But is it not the truth, socially?
snood wrote: Quote:If you are going to have flexible sentencing laws; is not the purpose to gauge the degree of culpability, harm done, chances of recidivism, etc., and sentence accordingly? Why shouldn't the (admittedly subjective and tough to quantify) harm done not be considered a factor?
There are routinely admonitions given to juries about what they can, and cannot consider. Stuff this subjective cannot be allowed to be a part of a sane and reasonable justice system - or one that aspires ever to be that.
You've convinced me beyond a reasonable doubt insofar as pretty/ugly is concerned. Well done.
I am not yet ready to abandon the Male/Female differences however, because they are far more easily quantifiable, loosely as I listed them previously. There are too big, too common and too many differences to ignore out of a misguided sense of fair play.
This is reminiscent of arguments I've found little agreement with in the past. I'll exemplify it as simply as I can with two seemingly identical crimes:
Man slaps woman across the face.
Woman slaps man across the face.
These are generally not the same crimes. Ridiculous? Maybe. But I don't think so. Only in the event the female batterer overmatched the victim through superior training, size or strength does her crime rise to the level of the Male batterer.
Since I'm obviously not a woman; I can only glean from stories told the deafening fear and feelings of impotency that accompany Male on Female violence. Not so Vice versa. Years ago; a girlfriend of mine actually punched me in the face (exactly as I taught her to make a fist and throw a punch), and confirmed the emotions I always expected I'd feel in such a situation. Fear was not among them. I turned the other cheek, so to speak and let her do it a couple more times. To answer her question "why don't you hit me back", I put my fist in the living room, through the drywall of my kitchen. Emotions: First I was shocked, then I was angry and shortly thereafter I became sad... wondering where she would have learned such a primitive reaction to controversy. For her part, she felt horrible (once she cooled off), apologized like crazy and in the ensuing 4 years it never happened again (and I doubt it
ever has since). Now, while she may have been guilty of a misdemeanor battery for her "first offence" domestic violence, little punishment was called for as there was relatively no harm done (if you don't count a bloody nose and 2 cuts on my partially fat lip... taught her well, I did :wink:).
Now put the shoe on the other foot: What if in a semi-drunken, jealous rage I had punched her in the face repeatedly?
![Shocked](https://cdn2.able2know.org/images/v5/emoticons/icon_eek.gif)
(I could never) Would that be the same crime? Would she go from shock to anger to sadness? Or would my superior strength and size also instill fear, perhaps even terror, and all manner of horrible thoughts of what may come next? Would she be able to write it off as an isolated foolishness that should (and did) only need to be addressed once? Or would she forever there after wonder if that fear would revisit her when we argued? Isn't it possible, if not likely, that such an episode would forever change her outlook and ability to trust in an angry man... and provide a very rational fear that may haunt her during trying times for the rest of her life? Does this added mental anguish not add an additional facet to the crime? None of these additional fears and horrors have visited me from soaking up some punches from a woman. No. Hers is
not the same crime.
snood wrote:Quote:
(I think this realization changes one of my opinions offered earlier in this thread, slightly)
From what I've seen of you Bill, I think if you are honest with yourself about what is simply right and wrong your opinions aren't through changing.
Good guess. Got one on me anyway.:wink: