Posted by genghisxcon on 1/27/2011 1:24:00 PM (view original):
A couple more points:
Whatever percentage you think is capable of murder, be it 1% or 99%, doesn't it seem likely that the range of situations in which these people will actually commit murder will increase if there is no sanction against it?
You make a distinction between those who are capable of committing murder and those who aren't. Presumably this is a psychological distinction. But you also make the distinction between murder and killing in self-defense, which is a legal distinction. Now you can make the argument that there is also a psychological distinction here; I don't disagree with that. But you should realize that the distinction in your mind between murder and self-defense may well not correspond to the distinction in any given jurisdiction. That was part of the reason for my example with the rapist. I may consider it an act of self-defense to kill him to protect my daughter, but unless I can prove imminent danger, the state would almost certainly rule otherwise.
If someone is capable of committing murder now, I'm sure they'll continue to commit murder. Maybe even expand upon the circumstances in which they commit murder. So, yes, there would be more murders.
But, if you go back, you'll see that hasn't really been my argument. The law doesn't prevent individuals from committing murder. It's just something that some people can do and something some people cannot do.
This is what I'm getting from this thread: We've got a bunch of "tough guys" who think they would be doing some killing if they didn't want to spend time in jail.
And here's the actual situation: No, you're not murdering anyone. It's not in your DNA. If you're afraid of jail, you're afraid to take a life.