George Costanza
A Friendly Liberal
I do not agree with different punishments for different degrees of murder. Nor for "simple" assaults. If a person commits a murder they have taken that which can never be returned. They have shown that they have no regard for the rights of others, so why should we care about them?
The differences for 1st and 2nd degree murders are legal fictions dreamed up by lawyers who don't want to do a proper job. That is why we have a legal system and not a justice system.
Thank you. For once, an honest post. Loony tunes, of course - but honest.
If this is truly your view - that all murderers should be punished the same, regardless of the degree of their crime, then we have nothing more to discuss on the issue of hate crime legislation.
Your comment about legal fictions dreamed up by lawyers serves only to show your lack of knowledge on the subject. In point of fact, life would be much, much simpler for everyone if your totalitarian viewpoint was in fact the law. Volumes have been written on the various degrees of murder and how they should be applied to actual situations in the criminal justice system. You should sit in on a criminal law class when they are discussing the nuances of the law of homicide - I think you would change your thinking and that remark.
I'm an expert witness GC, I get to see the legal system with all of its warts all of the time.
Among my close friends are three federal judges, five superior court judges, two DA's, fifteen or so ADA's and close on 50 attorneys. I assure you I am well versed in the system.
Now to your assertion, why shouldn't all murderers be punished the same? Are not their crimes similar? Please note I did not say homicides I said and will stipulate murderers.
I respect your qualifications - thank you for stating them.
I don't think that all murderers should be punished the same. To me, there is a vast difference between a creep who kidnaps someone, tortures and rapes them for days and then kills them by submersing their face into a bowl of acid, and some guy who finds out that his neighbor is banging his wife, grabs a gun, walks next door and kills him.
We could go on all night with the various examples of first and second degree murder, I think you see my point.
In CA, we have special circumstances that, if proven, can result in the death penalty. The special circs involve much more culpable action on the part of the perp, than just a "standard" murder. Murder for hire, multiple murders, lying in wait, etc.
I will give you that, regardless of the degree, the victim is "just as dead" but our system punishes culpability for several reasons. The most obvious one is the deterrent factor. Also, it makes moral sense to punish REALLY bad actors more than merely BAD actors.
Those are my thoughts on that. You may disagree, of course.