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by sbuttgereit
3384 days ago
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Of course, you are correct in your statements, but contextual application in this discussion would appear to be in error on at least one point. You are correct in that I used an term incorrectly: I shouldn't have said robbery, I should have simply said "theft". Robbery indicates force: there was no indication of direct force/intimidation that I saw. Point conceded. Where I think your criticism is incorrect. Your examples differentiate based on the what the criminal was trying to get away with. Trying to steal a candy bar is different that trying to steal an automobile: the resources involved in obtaining a candy bar legitimately are much smaller than the resources dedicated to obtaining a car. You rightfully call out that distinction, they are different (as individual acts) and I would not disagree that they should be different in what answer justice should demand of the criminal. Where you go astray is that the context of my criticism of was that the original commentator was differentiating the severity of the crime not on the value of the property stolen, but on some perception of the of the victim's "need". So, it's not the difference of the value of the good taken, but a judgment on how important that should have been to the victim. This is a very important distinction and changes the validity of the ethical judgement. I assert that, whereas the value of the stolen item is correctly a part of the determining the severity of the transgression, the "need" of the victim is not a proper factor in determining the severity of the crime. (And yes, this is a generalization. If I steal a hospital respirator from a medical supply company showroom floor, it is different than if I steal it while it's in use by a patient... though even then the theft aspect should likely be seen as the same and there are just other, different ethical/legal crimes in addition to theft.) |
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If your argument were correct, then duress would never serve as an acceptable defense.
I'm not saying that Chris was under duress (his situation was due to his own choices, not forced upon him), but the fact is, some accused criminals are able to defend their crimes by saying "my actions were necessary to avoid a serious, immediate danger in a situation that was forced upon me." That is a form of need and it is a legally workable defense, at least in the USA and UK.