Tuesday, March 10, 2020

The legal question of homicide

Likeable as he is, Michael Knowles is a dodo. He thinks murder is against the law because it's "morally" wrong, verboten by the Ten Commandments. Am I the only one on Earth who can see straight? Murder is against the law because it denies the homicide victim's due process legal rights to petition, to be represented by counsel, to appear as a witness, to sue or be sued. See Article I, The Freeman's Constitution. Murder is wrongful use of the police power, punishable by life exile, which amounts to a death penalty, excluded from future protection of constitutional standing, if conviction for murder is upheld on appeal. Article III, IV.

Morality pertains specifically to the interests, powers, and dilemmas of an individual person, epitomized by the question: "What shall I do?" Individual actions (and excuses) have nothing to do with impersonal due process of law. Motives like revealed religion, anger, mistakes in perception or insanity are irrelevant to justice. If you kill someone, you will be killed, unless it was justifiable self defense, which is seldom easy to prove beyond reasonable doubt.

An imaginary line between homicide and manslaughter does not exist, unless you convince a jury that the death was an accident. I suggest you research how the term "accident" entered the language. Aristotle coined it to explain superficial differences, like the taste and texture of various loaves of bread, concluding that all bread contained an "essence" of bread, which was imaginary epistemological hooey that Aquinas deployed to explain transubstantiation. When a priest uttered magic words, God changed the "essense" of bread into flesh, leaving bread's "accidents" of taste and texture unchanged. Why no one saw this imaginary bullshit as resulting in imaginary cannibalism puzzles rational students. Unsurprisingly, the Bible and the Koran explain nothing, carry zero weight in law or fact. If you kill, you will be killed as a matter of justice, if convicted by common law due process, jury trial, and representation by competent appellate counsel to test the validity and impartiality of conviction.

There is no obligation to imprison and care for convicted murderers at public expense. They are branded and released, with public proclamation that they have no legal right to exist. Any law abiding citizen can kill or torture them to death, arguably a civic duty. Because no judge, no jury, no appeal is 100% perfect, convicted killers are released in Montana or Mexico. Most of them beg to be released in Mexico. They're shot on sight in Montana, two seconds after they step off the bus.

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