Register | Sign In


Understanding through Discussion


EvC Forum active members: 65 (9164 total)
3 online now:
Newest Member: ChatGPT
Post Volume: Total: 916,913 Year: 4,170/9,624 Month: 1,041/974 Week: 368/286 Day: 11/13 Hour: 0/0


Thread  Details

Email This Thread
Newer Topic | Older Topic
  
Author Topic:   The US Gov't is Guilty of Murder
Domino
Member (Idle past 3988 days)
Posts: 53
Joined: 11-06-2009


(2)
Message 91 of 318 (672293)
09-06-2012 7:17 AM
Reply to: Message 89 by jar
09-05-2012 8:48 AM


Re: Have your cake and eat it too
jar writes:
Slippery slope arguments are for those who are incapable of thinking and can only handle bumper sticker reasoning.
From Mark Thompson, Pulitzer Prize-winning writer for Time Magazine (link):
quote:
No one — at least no one with any chance of living in the White House in the foreseeable future — wants to find out precisely how the U.S. public would react to a second 9/11. So Obama is — under the post-9/11 authorization for the use of military force — methodically whittling away at those who would do American harm as well as those the CIA and President believe might do the nation harm. 9/11 showed that suicidal zealots, no matter where they are today, can attack the U.S. tomorrow. That broadens the President’s rifle scope to include the entire world.
It’s a slippery slope.
Don't be so quick to label things "bumper sticker reasoning."

"The universe is a lot more complicated than you might think, even if you start from a position of thinking that it's pretty damn complicated to begin with." - Douglas Adams

This message is a reply to:
 Message 89 by jar, posted 09-05-2012 8:48 AM jar has replied

Replies to this message:
 Message 95 by jar, posted 09-06-2012 9:12 AM Domino has not replied

  
Domino
Member (Idle past 3988 days)
Posts: 53
Joined: 11-06-2009


Message 92 of 318 (672294)
09-06-2012 7:27 AM
Reply to: Message 90 by Panda
09-05-2012 9:12 AM


Re: Potato?
Panda writes:
Murder is reasonable easy to ascertain.
Not exactly...that's why we have judges and juries and criminal courts! But I see your point.
Panda writes:
But the problem with justification is that it is subjective.
Now that is a true statement...and perhaps the reason why the stated topic of this thread is slightly dead-ended. An objective truth such as whether a certain term such as "murder" applies to a certain action is not always very enlightening. A convincing reason why said action is unjust or unnecessary is much more enlightening.
Panda writes:
Finding out that the attack was based on false information would not make it murder.
As I am sure you know, time makes fools of us all.
Unfortunately, though, mistakes are mistakes. I'm sure that soldier who committed the mercy killing on the battlefield wished in hindsight that he hadn't, and maybe even saw in hindsight why what he did was wrong, but his penalty stood nonetheless. So should the accusations against those who target civilians, regardless of how they explain their actions afterwards.

"The universe is a lot more complicated than you might think, even if you start from a position of thinking that it's pretty damn complicated to begin with." - Douglas Adams

This message is a reply to:
 Message 90 by Panda, posted 09-05-2012 9:12 AM Panda has replied

Replies to this message:
 Message 93 by Panda, posted 09-06-2012 8:08 AM Domino has not replied

  
Panda
Member (Idle past 3743 days)
Posts: 2688
From: UK
Joined: 10-04-2010


Message 93 of 318 (672295)
09-06-2012 8:08 AM
Reply to: Message 92 by Domino
09-06-2012 7:27 AM


Re: Potato?
Domino writes:
An objective truth such as whether a certain term such as "murder" applies to a certain action is not always very enlightening. A convincing reason why said action is unjust or unnecessary is much more enlightening.
The problem with debating the justification is that it will probably end up with 2 opposing opinions that are unable to be reconciled due to the opinions being subjective.
It is like art. There is no good or bad art: only art you like and art you don't like.
The best you can do with a differing personal opinion is say "I can understand why you think that."
Domino writes:
Unfortunately, though, mistakes are mistakes. I'm sure that soldier who committed the mercy killing on the battlefield wished in hindsight that he hadn't, and maybe even saw in hindsight why what he did was wrong, but his penalty stood nonetheless. So should the accusations against those who target civilians, regardless of how they explain their actions afterwards.
If they had targeted civilians then I would expect it to be considered a war crime.
But you have not shown that civilians were targeted.

"There is no great invention, from fire to flying, which has not been hailed as an insult to some god." J. B. S. Haldane

This message is a reply to:
 Message 92 by Domino, posted 09-06-2012 7:27 AM Domino has not replied

  
caffeine
Member (Idle past 1054 days)
Posts: 1800
From: Prague, Czech Republic
Joined: 10-22-2008


(2)
Message 94 of 318 (672297)
09-06-2012 8:45 AM
Reply to: Message 89 by jar
09-05-2012 8:48 AM


Slippery slopes
Slippery slope arguments are for those who are incapable of thinking and can only handle bumper sticker reasoning.
I think experience clearly demonstrates that one situation in which slippery slope arguments are perfectly applicable is the case of powers of enforcement. If you give someone the power to do something in order to acheive a specific aim, they are then faced with an overwhelming temptation to use it to accomplish anything they consider important. This is why checks and balances are essential.
My examples are drawn from the UK, since I know it better, but I think they apply much more generally.
Example 1: The Anti-Terrorism, Crime and Security Act (2001) gave the British government the power to freeze assets of foreigners in the event that someone was seeking to harm the UK economy. At the time the bill was passed, there was a motion in the House of Lords to amend it, such that it specified this was only to be used against terrorism. The amendment failed - as Lord McIntosh assured us:
quote:
The qualification that only unlawful or intentional actions against the UK's economic interest is unnecessary. There are extensive provisions to test that there are reasonable grounds for freezing orders through parliamentary scrutiny and appeal to an independent adjudicator through judicial review.
He warned that the powers should not be restricted, since
quote:
At the time when action had to be taken, it would not necessarily be possible to prove that terrorism was involved. That is why we seek these broader powers
Of course, seven years later, these powers were used to freeze the assets of an Icelandic bank, without any pretention of any criminal intent. Why? Because the government wanted to do it and the power was there.
Example 2: The Regulation of Investigatory Powers Act (2000) gave public bodies rather extensive powers to spy on people, with the justification that this was necessary to prevent terrorism and serious organised crime. However, the powers are also used by certain local councils (with Poole being the most famous for doing so) for all manner of things. People have been surveilled to discover whether they clean up after their dogs; whether they're really sick or just bunking off work; whether they're watching TV without a licence and whether they're inappropriately using disabled parking badges.
Example 3: Anti-social behavious orders were are measure first brought in back in 1998. The idea behind them was that it was a way of stopping people from threatening and anti-social behaviour, by essentially allowing the police to criminalise legal behaviour. For example, if someone is threatening and hassling somebody, they could be banned from going near their house.
However, they have been used for a vast range of things that police and local councils consider annoying. Mobile soup kitchens were banned from feeding the homeless in Manchester; homeless people have been banned from begging in an 'earnest or humble way'; a girl was banned from spitting in public (and jailed when she broke her ASBO's terms; a woman who attempted suicide several times was banned from high bridges; an alcoholic was banned from entering pubs or carrying alcohol in public; a woman was banned from answering the door in her underwear or sunbathing naked in her own garden - this list could go on for quite a while.
This post is far too long, but the upshot is that if you give someone powers to deal with a specific problem, they often will use it to deal with any problem they consider worth dealing with - even where it's clearly disproportionate.

This message is a reply to:
 Message 89 by jar, posted 09-05-2012 8:48 AM jar has replied

Replies to this message:
 Message 96 by jar, posted 09-06-2012 9:19 AM caffeine has not replied
 Message 97 by Panda, posted 09-06-2012 11:28 AM caffeine has seen this message but not replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 95 of 318 (672301)
09-06-2012 9:12 AM
Reply to: Message 91 by Domino
09-06-2012 7:17 AM


Re: Have your cake and eat it too
I don't see a slippery slope there.
It is simply stating facts that happen to be true.
The evolving paradigm of Non-Nation State conflict conduct will by necessity ignore Nation State boundaries.
But that is still irrelevant to the topic.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 91 by Domino, posted 09-06-2012 7:17 AM Domino has not replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 96 of 318 (672302)
09-06-2012 9:19 AM
Reply to: Message 94 by caffeine
09-06-2012 8:45 AM


Re: Slippery slopes
The case of the Icelandic Bank was related to protecting the British economy from a perceived threat.
But your examples do not demonstrate slippery slope as much as legislative and judicial stupidity and very short term thinking.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 94 by caffeine, posted 09-06-2012 8:45 AM caffeine has not replied

  
Panda
Member (Idle past 3743 days)
Posts: 2688
From: UK
Joined: 10-04-2010


Message 97 of 318 (672309)
09-06-2012 11:28 AM
Reply to: Message 94 by caffeine
09-06-2012 8:45 AM


Re: Slippery slopes
caffeine writes:
However, they have been used for a vast range of things that police and local councils consider annoying. Mobile soup kitchens were banned from feeding the homeless in Manchester; homeless people have been banned from begging in an 'earnest or humble way'; a girl was banned from spitting in public (and jailed when she broke her ASBO's terms; a woman who attempted suicide several times was banned from high bridges; an alcoholic was banned from entering pubs or carrying alcohol in public; a woman was banned from answering the door in her underwear or sunbathing naked in her own garden - this list could go on for quite a while.
Some of those examples are either not true or taken out of context.
i.e.
Mobile soup kitchens were banned from feeding the homeless in Manchester...
Not true.
a girl was banned from spitting in public and jailed when she broke her ASBO's terms...
"She became extremely upset in the courtroom and ended up throwing water over the Group 4 officer and spitting at a magistrate. She was remanded in custody and charged with new offences."
an alcoholic was banned from entering pubs or carrying alcohol in public...
"At 15 she was expelled from school for repeated truancy and disruptiveness. But being home-schooled only increased the opportunities to hit the bottle. During her time as an alcoholic, Laura calculates that she was drinking about 150 units of alcohol a week."
a woman was banned from answering the door in her underwear...
"The ASBO also banned her from making noise, shouting and swearing, holding drunken parties, abusing neighbours and letting pals use her garden as a toilet."
Just sayin'...

"There is no great invention, from fire to flying, which has not been hailed as an insult to some god." J. B. S. Haldane

This message is a reply to:
 Message 94 by caffeine, posted 09-06-2012 8:45 AM caffeine has seen this message but not replied

  
Dogmafood
Member (Idle past 378 days)
Posts: 1815
From: Ontario Canada
Joined: 08-04-2010


Message 98 of 318 (672355)
09-07-2012 9:58 AM


Wow there sure are a lot of laws regarding the conduct of war. Here are a couple that might apply.
Instructions for the Government of Armies of the United States in the Field (Lieber Code). 24 April 1863.
quote:
Art. 68. Modern wars are not internecine wars, in which the killing of the enemy is the object. The destruction of the enemy in modern war, and, indeed, modern war itself, are means to obtain that object of the belligerent which lies beyond the war.
Unnecessary or revengeful destruction of life is not lawful.
Art. 148. The law of war does not allow proclaiming either an individual belonging to the hostile army, or a citizen, or a subject of the hostile government, an outlaw, who may be slain without trial by any captor, any more than the modern law of peace allows such intentional outlawry; on the contrary, it abhors such outrage. The sternest retaliation should follow the murder committed in consequence of such proclamation, made by whatever authority. Civilized nations look with horror upon offers of rewards for the assassination of enemies as relapses into barbarism.
I realize that this refers to " any captor" but it also mentions rewards for assassination which would indicate people who have not been captured.
Assassination
quote:
to kill suddenly or secretively, especially a politically prominent person; murder premeditatedly and treacherously.
The main problems with the drone program are that
-The battlefield is expanded to incorporate the whole world.
-There is no public review of any evidence against the 'suspected militant'. Therefore, there is no way to determine if these killings qualify as murder beyond excepting the determination of the people doing the killing. It is like asking a drunk if he thinks that he is too drunk to drive.
The ACLU and CCR have brought a suit against the gov't on behalf of some slain US citizens. They claim that
quote:
These killings rely on vague legal standards, a closed executive process, and evidence never presented to the courts, according to the 17-page complaint, which noted that the practice has resulted in the deaths of thousands of people, including many hundreds of civilian bystanders, in Yemen, Somalia, Pakistan, Sudan, and the Philippines since 2001.
quote:
When a 16-year-old boy who has never been charged with a crime nor ever alleged to have committed a violent act is blown to pieces by U.S. missiles, alarm bells should go off, CCR senior attorney Pardiss Kebriaei noted Monday.
From the same article;
quote:
In a speech in March, Attorney-General Eric Holder offered a partial view of the administration’s legal position, which is reportedly spelled out in a longer memo that remains classified.
I mean when your legal defence is a secret I have to ask WTF? This is the general legal defence for the drone program.
quote:
‘Due process’ and ‘judicial process’ are not one and the same when it comes to national security, Holder argued in perhaps the most legally controversial passage in his speech. The Constitution guarantees due process, not judicial process.
I understand that this case is about US citizens who enjoy a much higher value than foreign brown people. The dead bystanders rights hardly come into it. This is foul.
I can not really argue if the whole thing is actually legal or not but I think there is a pretty strong case that it is wrong and shouldn't be happening. The drone program has an element of Soft Speak and black lists that is very disconcerting. We should be better than this. The US has surveillance drones the size of a pizza box that can hover silently outside your window for days and watch you brush your teeth. I mean step it up people. If you going to assassinate someone don't make a mess of it. I think that public outrage might at least force them to be more accurate.

Replies to this message:
 Message 99 by ringo, posted 09-07-2012 12:00 PM Dogmafood has replied

  
ringo
Member (Idle past 442 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 99 of 318 (672360)
09-07-2012 12:00 PM
Reply to: Message 98 by Dogmafood
09-07-2012 9:58 AM


Dogmafood writes:
-The battlefield is expanded to incorporate the whole world.
In a way, that's a good thing. There's no escaping across borders any more. If the Austro-Hungarians had had drones, World War One might have been averted.

This message is a reply to:
 Message 98 by Dogmafood, posted 09-07-2012 9:58 AM Dogmafood has replied

Replies to this message:
 Message 100 by Dogmafood, posted 09-07-2012 3:45 PM ringo has replied

  
Dogmafood
Member (Idle past 378 days)
Posts: 1815
From: Ontario Canada
Joined: 08-04-2010


Message 100 of 318 (672388)
09-07-2012 3:45 PM
Reply to: Message 99 by ringo
09-07-2012 12:00 PM


Jurisdiction
In a way, that's a good thing. There's no escaping across borders any more.
I suppose that I don't have a problem with killing a known terrorist who has been proven guilty in absentia. The foul part is claiming that all of the evidence is secret and dismissing the collateral damage as a necessary price to pay. Claiming that this innocent life is more important than that innocent life is an indefensible position.
As soon as we eliminate all of the foreign tax havens then I can get behind eliminating the borders of US legal jurisdiction.

This message is a reply to:
 Message 99 by ringo, posted 09-07-2012 12:00 PM ringo has replied

Replies to this message:
 Message 101 by ringo, posted 09-07-2012 4:03 PM Dogmafood has replied

  
ringo
Member (Idle past 442 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 101 of 318 (672390)
09-07-2012 4:03 PM
Reply to: Message 100 by Dogmafood
09-07-2012 3:45 PM


Re: Jurisdiction
Dogmafood writes:
The foul part is claiming that all of the evidence is secret and dismissing the collateral damage as a necessary price to pay.
The goalposts seem to be sliding down a slippery slope.

This message is a reply to:
 Message 100 by Dogmafood, posted 09-07-2012 3:45 PM Dogmafood has replied

Replies to this message:
 Message 102 by Dogmafood, posted 09-07-2012 4:08 PM ringo has replied

  
Dogmafood
Member (Idle past 378 days)
Posts: 1815
From: Ontario Canada
Joined: 08-04-2010


Message 102 of 318 (672391)
09-07-2012 4:08 PM
Reply to: Message 101 by ringo
09-07-2012 4:03 PM


Re: Jurisdiction
I don't think so. I have always been talking about the innocent people that are getting killed. Even though there is some question about the right of the US gov't to execute belligerents hiding in a country that the US is not at war with, there is no legitimate defence for killing innocent people in a country that the US is not at war with.

This message is a reply to:
 Message 101 by ringo, posted 09-07-2012 4:03 PM ringo has replied

Replies to this message:
 Message 103 by ringo, posted 09-07-2012 4:42 PM Dogmafood has replied

  
ringo
Member (Idle past 442 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 103 of 318 (672395)
09-07-2012 4:42 PM
Reply to: Message 102 by Dogmafood
09-07-2012 4:08 PM


Re: Jurisdiction
Dogmafood writes:
I have always been talking about the innocent people that are getting killed.
In the OP, it was the innocent until proven guilty. Now it's collateral damage - not really the same thing.

This message is a reply to:
 Message 102 by Dogmafood, posted 09-07-2012 4:08 PM Dogmafood has replied

Replies to this message:
 Message 104 by Dogmafood, posted 09-07-2012 5:00 PM ringo has not replied

  
Dogmafood
Member (Idle past 378 days)
Posts: 1815
From: Ontario Canada
Joined: 08-04-2010


Message 104 of 318 (672399)
09-07-2012 5:00 PM
Reply to: Message 103 by ringo
09-07-2012 4:42 PM


Re: Jurisdiction
In the OP, it was the innocent until proven guilty. Now it's collateral damage - not really the same thing.
Well yes ok in that sense but that was just a longer field goal attempt and we still dont know if it was good or not because all of the evidence, except for the dead people, is a secret. The goal posts haven't moved and there are still dead people who meet all the requirements of having been murdered.

This message is a reply to:
 Message 103 by ringo, posted 09-07-2012 4:42 PM ringo has not replied

Replies to this message:
 Message 105 by jar, posted 09-07-2012 5:55 PM Dogmafood has replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 105 of 318 (672409)
09-07-2012 5:55 PM
Reply to: Message 104 by Dogmafood
09-07-2012 5:00 PM


Re: Jurisdiction
The goal posts haven't moved and there are still dead people who meet all the requirements of having been murdered.
Except the legal requirements needed for it to be murder.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 104 by Dogmafood, posted 09-07-2012 5:00 PM Dogmafood has replied

Replies to this message:
 Message 106 by Dogmafood, posted 09-07-2012 7:41 PM jar has replied

  
Newer Topic | Older Topic
Jump to:


Copyright 2001-2023 by EvC Forum, All Rights Reserved

™ Version 4.2
Innovative software from Qwixotic © 2024