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#77 May 23 2009 at 6:59 PM Rating: Good
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Cold facts and reason holds no compassion though, and if it were easy to systematize punishment, it would have been done.

Valuing the worth of the criminal can only be done when you invest emotion into the process. Otherwise, the worth of all parties in the crime becomes equal. One life is no more valuable than another. So ending the life of a doctor would be the same as ending the life of a homeless man. Ending the life of a rapist would be the same as ending the life of the victim.

Unless, of course, you want to evaluate the worth of a person by the sum of their experiences. So, would that mean a doctor can kill more people than a burger flipper, since the doctor is technically more valuable saving lives than the burger flipper?

To remove the humanity of the justice system is to remove the justice from it. You yourself see the need to show love and respect for the life and worth of the accused. You cannot do that and set aside the contempt you may have if the accused has shown contempt for life.

You want to have your cake and eat it too, to use a simpler metaphor.

In order to have that compassion, you must have its other side.
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Olorinus the Ludicrous wrote:
The idea of old school is way more interesting than the reality
#78 May 23 2009 at 7:10 PM Rating: Default
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Quote:
You yourself see the need to show love and respect for the life and worth of the accused. You cannot do that and set aside the contempt you may have if the accused has shown contempt for life.


I can.
#79 May 23 2009 at 7:51 PM Rating: Excellent
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Pensive the Ludicrous wrote:
Quote:
You yourself see the need to show love and respect for the life and worth of the accused. You cannot do that and set aside the contempt you may have if the accused has shown contempt for life.


I can.


You've often said that you hate certain people or things, so I find it odd that you express this sentiment.
#80 May 23 2009 at 8:22 PM Rating: Default
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Was I sane at the time?

I don't know why you are so surprised. The last time we had this discussion my heart bled so much that I made ambrya agree with totem.
#81 May 23 2009 at 10:37 PM Rating: Excellent
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What the **** is it with crazy mothers this month?

This is about 15 miles away from me. I've driven over that particular bridge many times. I just can't believe any mother would do that to her own children. No way in hell that was post partum depression. I say fry her.

http://news.yahoo.com/s/ap/20090524/ap_on_re_us/us_oregon_dead_child;_ylt=Ak6mKvQjnqaPW7IkKXLl.b3tiBIF;_ylu=X3oDMTM0M2Y1MnIxBGFzc2V0Ay9hcC8yMDA5MDUyNC9hcF9vbl9yZV91cy91c19vcmVnb25fZGVhZF9jaGlsZARjcG9zAzMEcG9zAzMEc2VjA3luX3RvcF9zdG9yaWVzBHNsawNvcmVnb25tb21hY2M-

Oregon mom accused in river drowning of 4-year-old

By MARY HUDETZ, Associated Press Writer Mary Hudetz, Associated Press Writer – 2 mins ago
PORTLAND, Ore. – An Oregon mother was arrested Saturday in the drowning of her 4-year-old son after the boy and his 7-year-old sister ended up in the chilly Williamette River.

Residents heard screams on the Sellwood Bridge near Portland and called authorities. Some jumped into boats to help search in the early morning darkness. After about an hour, a couple found the children downstream.

The boy, Eldon Jay Rebhan Smith, could not be revived; the girl was in a hospital and expected to survive.

"She's doing well," said Detective Sgt. Rich Austria of the Portland Police Bureau. "She has the will to live."

Austria said it was not immediately clear whether the children were pushed or fell into the river. They have not yet questioned the girl.

Police said the mother, Amanda Jo Stott-Smith, was taken into the custody at a downtown parking garage several hours after her children were found. Stott-Smith, 31, threatened to jump off the garage's ninth floor in before she was arrested, Austria said.

Stott-Smith faces aggravated murder and attempted aggravated murder charges, Austria said.

A police spokesman said he did not know if Stott-Smith had an attorney.

Police were asking the public to call investigators if they saw Stott-Smith's car, a blue Audi sedan, on the bridge when residents of the area heard the children's screams.

"Had they not been awake at one in the morning," Austria said, "we would investigating a case here with no children."

When police arrived, officers also heard screams on the river but could find the children because it was dark, said Officer Greg Pashley, a Portland Police Bureau spokesman.

"As you look down into the darkness it's hard to see anything," Pashley said. "I can't imagine what it must be like to be a child in this cold river."

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#82 May 24 2009 at 12:11 AM Rating: Good
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Dread Lörd Kaolian wrote:
What the @#%^ is it with crazy mothers this month?

This is about 15 miles away from me. I've driven over that particular bridge many times. I just can't believe any mother would do that to her own children. No way in hell that was post partum depression. I say fry her.

http://news.yahoo.com/s/ap/20090524/ap_on_re_us/us_oregon_dead_child;_ylt=Ak6mKvQjnqaPW7IkKXLl.b3tiBIF;_ylu=X3oDMTM0M2Y1MnIxBGFzc2V0Ay9hcC8yMDA5MDUyNC9hcF9vbl9yZV91cy91c19vcmVnb25fZGVhZF9jaGlsZARjcG9zAzMEcG9zAzMEc2VjA3luX3RvcF9zdG9yaWVzBHNsawNvcmVnb25tb21hY2M-

Oregon mom accused in river drowning of 4-year-old



Yeah, Mr. Ambrya and I have been following this all day, seeing as it's only about five miles from us.

...the fuck?
#83 May 24 2009 at 12:23 AM Rating: Decent
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You two, prepare to be berated by Smash for thinking that the murder occuring 5 miles away has anything to do with anything. Smiley: grin

It's not like you were in danger from a loose serial PPD child drowner.

#84 May 24 2009 at 12:39 AM Rating: Default
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What about being berated for assuming it was a murder when the article clearly states that results are inconclusive as of yet?
#85 May 24 2009 at 12:42 AM Rating: Excellent
trickybeck wrote:
It's not like you were in danger from a loose serial PPD child drowner.
By the time the kid is four years old, I don't think it qualifies as post-partum anything.
#86 May 24 2009 at 3:13 AM Rating: Excellent
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MDenham wrote:
trickybeck wrote:
It's not like you were in danger from a loose serial PPD child drowner.
By the time the kid is four years old, I don't think it qualifies as post-partum anything.


16th trimester abortion?

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#87 May 24 2009 at 6:52 AM Rating: Decent
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Pensive the Ludicrous wrote:
What about being berated for assuming it was a murder when the article clearly states that results are inconclusive as of yet?


inconclusive as to what murder charge. Also the question remains as to her mental state. (or past mental health history).

Kao, what verdict choices are there? Do they have the Guilty but "Mentally Ill" charge? or is your state an either or - Guilty or Mentally Ill?

Thats so sad. I wonder if things like this have always been going on but now with the availabel technology, we are more aware of them?

#88 May 24 2009 at 7:57 AM Rating: Good
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Jesus. Between the suffocation, drowning, and "Daddy ate my eyes" stories I just don't even know what to think anymore. So I guess I'm on Catwho's boat when it comes to kids.
#89 May 24 2009 at 8:25 AM Rating: Good
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trickybeck wrote:
hing. Smiley: grin

It's not like you were in danger from a loose serial PPD child drowner.



Never thought we were. But Portland's a slow news town, and something like this happening so close to home gets your attention.
#90 May 24 2009 at 8:29 AM Rating: Decent
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Pensive the Ludicrous wrote:
Was I sane at the time?

I don't know why you are so surprised. The last time we had this discussion my heart bled so much that I made ambrya agree with totem.


I'm not really surprised, I just find it odd that you don't see what it means. No-one is in complete control over their emotions, and no-one is consistently capable of the kind of universal love you've put forward as an objective for justice. Everyone hates someone sometime. Compassion is important, but simultaneously, no-one is ever perfectly compassionate, and it's unrealistic to expect messianic qualities in ordinary people.

With the mothers and the killing or attempted killing of children, all I can say is that it's way too common. Mothers are in a position of supreme responsibility as towards the development of their children. If the mothers go cuckoo, their kids are in danger. It's not that astonishing, it's just another person going nuts and lashing out. It just so happens that these cases involve people with young children in their care who make them the object of their insanity.
#91 May 24 2009 at 10:53 AM Rating: Excellent
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niobia wrote:

Kao, what verdict choices are there? Do they have the Guilty but "Mentally Ill" charge? or is your state an either or - Guilty or Mentally Ill?


I don't know actually. And it's the next state over, oregon that would be the issue.
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#92 May 24 2009 at 10:56 AM Rating: Good
Pawkeshup the Vile wrote:
Kavekk wrote:
Pawkeshup the Vile wrote:
Pensive the Ludicrous wrote:
how explicit do I have to be?

Of course they are.

They should not be.
Then let machines decide the fate of the accused.


Oh, are we playing Point Counter Fallacy? That's my favourite game!

Say, I can't help notice you're breathing air right now. You know who else breathed air? ADOLF HITLER.
Asking people to not be swayed by emotions is akin to asking the sun to stop rising. It's just the way it is, and no matter what you do, you can't take the emotional edge of the decision making process short of mind-altering drugs and brain surgery.


No, you don't get it. You're making a false dichotomy where one of the options (getting a robot to do it) is impossible. Just because you can't become completely unemotional does not mean you should not try and let your feelings rule your judegment as little as possible.
#93 May 24 2009 at 11:07 AM Rating: Excellent
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I'm pretty sure if you let my roomba decide the fate of humanity, it would kill us all.
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#94 May 24 2009 at 11:10 AM Rating: Good
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Kavekk wrote:
No, you don't get it. You're making a false dichotomy where one of the options (getting a robot to do it) is impossible. Just because you can't become completely unemotional does not mean you should not try and let your feelings rule your judegment as little as possible.
The false dichotomy is not man versus machine, but rational versus emotional. To remove all emotion from a decision is no better than to let your emotions overrule your reason. The two need to act in concert, otherwise a just decision really cannot be reached.

To put this into perspective, take a killer who is a obvious sociopath, but who only has killed one person versus a rape victim who killed her two attackers despite not needing to in order to defend herself. Rational alone would see the rape victim as the worse offender, taking the lives of her two attackers irregardless of need. However, the emotional decision would be to acquit the rape victim and lock away the sociopath for the rest of their life before they kill again.

The just sentence lies somewhere inbetween those extremes, and that requires the rational half to assertain guilt and the emotional half to decide the crime's severity.
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Olorinus the Ludicrous wrote:
The idea of old school is way more interesting than the reality
#95 May 24 2009 at 11:32 AM Rating: Good
Pawkeshup the Vile wrote:
Kavekk wrote:
No, you don't get it. You're making a false dichotomy where one of the options (getting a robot to do it) is impossible. Just because you can't become completely unemotional does not mean you should not try and let your feelings rule your judegment as little as possible.
The false dichotomy is not man versus machine, but rational versus emotional. To remove all emotion from a decision is no better than to let your emotions overrule your reason. The two need to act in concert, otherwise a just decision really cannot be reached.


Right, and you're still the one making it. You don't have to choose between no emotion vs loads of emotion - in fact you can't. What you can do is minimise the impact it has, which is what Pensive was advocating.

Quote:
The just sentence lies somewhere inbetween those extremes, and that requires the rational half to assertain guilt and the emotional half to decide the crime's severity.


That'd be true if there was no logical way to analyse mitigating circumstances and the like. So, basically, it isn't true.
#96 May 24 2009 at 11:59 AM Rating: Decent
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Kavekk wrote:
Pawkeshup the Vile wrote:
Kavekk wrote:
No, you don't get it. You're making a false dichotomy where one of the options (getting a robot to do it) is impossible. Just because you can't become completely unemotional does not mean you should not try and let your feelings rule your judegment as little as possible.
The false dichotomy is not man versus machine, but rational versus emotional. To remove all emotion from a decision is no better than to let your emotions overrule your reason. The two need to act in concert, otherwise a just decision really cannot be reached.


Right, and you're still the one making it. You don't have to choose between no emotion vs loads of emotion - in fact you can't. What you can do is minimise the impact it has, which is what Pensive was advocating.
I think you're off-target, or I'm not being clear enough. Pensive started this off stating that involving any form of emotional judgement at all in terms of seeking justice causes it's downfall, as emotion is not compatible with justice outside of taking into account the worth of the life on trial.

I'm the one who stated that it was impossible to shut out all emotion, not advocating for total emotional, irrational judgement.

I'm not saying that one should follow one's heart when assertaining guilt or innocent, you need to reign in those feelings as best you can. I just said that it is impossible to remove that completely as human beings cannot just flip off their emotions like a light switch. Pensive believes that is a realistic possibility and I disagreed on that point.

In the original post that spawned all this, I said that while the emotional visceral reaction to the crime would be to call for a death penalty, that it was not the just verdict. The true justice in this would be for the mother to live with her crime, because from a rational standpoint, she was already seeking death, and therefore to kill her would be to reward her for killing her child.

Pensive is the one that stepped up and advocated for the removal of human emotion from the justice process, I merely stated that it's an impossibility without deferring decisions to a machine that has no emotions. Humans can try to control their emotions, but it's not a reasonable possibility for them to disgard them completely.

I never said that emotion should rule judgement. I believe it should play a part in sentencing, since there can be intangible aspects to cases that facts cannot account for.

And, to be honest, there are more issues in the justice system that require work above and beyond the removal of emotion from all human components of the system.
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Olorinus the Ludicrous wrote:
The idea of old school is way more interesting than the reality
#97 May 24 2009 at 12:13 PM Rating: Good
It's possible I'm just misinterpreting, but I thought what he was saying was that imperfection was inevitable but we should strive for the ideal of justice.
#98 May 24 2009 at 12:14 PM Rating: Decent
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Pawkeshup the Vile wrote:

To put this into perspective, take a killer who is a obvious sociopath, .


define obvious because Behavioral science can't really predict who will be a sociopath until they have begun committing crimes. Not just that but then you have to figure out if they are suffering from any other mental illness or even teen angst that can mimic sociopathy. Mental health isn't cookie cutter.

pawk wrote:
rape victim who killed her two attackers despite not needing to in order to defend herself. Rational alone would see the rape victim as the worse offender, taking the lives of her two attackers irregardless of need.


Also, a rape victim who defends herself and ends up killing her rapists - their deaths would not have been premeditated. There is really no comparison. Like I said, things aren't cookie cutter.

Quote:
in one study 35% of male college students on several different campuses felt that there was some likelihood that they would rape or force a female to perform a sexual act against her will if given the opportunity (Briere, Malmuth & Ceniti, 1981)


From your example, if we take the above quote into your "perspective", you would be a potential rapist. Silly way of thinking?

In regards to the mental insanity plea:

Quote:
Defendants found GBMI have received longer sentences and had longer confinements than "sane" defendants found guilty of similar charges (Callahan, McGreevy, Circincione, & Steadman, 1992; Steadman et al., 1993)


worse..

Quote:
research indicates that those individuals found GBMI are no more likely to receive psychotherapy or rehabilitative services than other mentally disordered defendants in the prison system ( Morse, 1985; Slobogin, 1985)


what the means is that for the mothers who are suffering from mental illness prior to the murder of their child(ren), if they do get a GBMI they will serve more time and probably still not receive appropriate treatment for their mental illness.
#99 May 24 2009 at 12:23 PM Rating: Good
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Kavekk wrote:
It's possible I'm just misinterpreting, but I thought what he was saying was that imperfection was inevitable but we should strive for the ideal of justice.


To TL;DR the discussion for those who joined late, here it is:

Pensive wrote:
Pawkeshup the Vile wrote:
Pensive the Ludicrous wrote:
Quote:
Well Mr. Spock, humans are emotional beings, after all.


Justice isn't
But juries and judges are.

Emotion may not affect the charges, but it will affect the sentence.


how explicit do I have to be?

Of course they are.

They should not be.



Sounds to me like Pensive is, in fact, arguing in favor of removing all emotion from the justice process except for sympathy for the defendant.

#100 May 24 2009 at 12:33 PM Rating: Decent
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Ambrya wrote:
Kavekk wrote:
It's possible I'm just misinterpreting, but I thought what he was saying was that imperfection was inevitable but we should strive for the ideal of justice.


To TL;DR the discussion for those who joined late, here it is:

Pensive wrote:
Pawkeshup the Vile wrote:
Pensive the Ludicrous wrote:
Quote:
Well Mr. Spock, humans are emotional beings, after all.


Justice isn't
But juries and judges are.

Emotion may not affect the charges, but it will affect the sentence.


how explicit do I have to be?

Of course they are.

They should not be.



Sounds to me like Pensive is, in fact, arguing in favor of removing all emotion from the justice process except for sympathy for the defendant.



I usually interpret what he is saying as some sort of angsty emodriven psuedo philosobabble.

Edited, May 24th 2009 1:33pm by niobia
#101 May 24 2009 at 12:48 PM Rating: Good
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I'd quote you niobia, but the whole point of why my examples are truncated was to avoid a gbaji post.

I know they were overly simplified examples, but I was trying to find a situation where there is a high likelyhood of the first defendant was a risk to re-offend, the second not so much, but the crimes being mathematically and rationally different.

I was trying to find a better example, but that was the best I could come up with that showed enough polarization to make any impact.

In the end, it seems it was unneeded as Kavekk and I actually are on the same page Smiley: lol

Also:

Fixing someone's mental state is a complex process. Locking them away is a simple one. It's not shocking that the laws are positioned to support that. What struck me was an interview John Stewart did with Newt Ginrich. In it, through all the smarmy dialogue and cheap shots, Stewart said something to the effect that if the government can organize military operations and wage war overseas, why could they not run an efficient medical system or do something as routine as schedule annual check-ups for the population. Ginrich had no answer.

While it was laced with sarcasm, it's a valid complaint. The answer is in those studies you quoted. They want to avoid entrenching themselves in a worthwhile, yet costly, process to correct a criminal's issues, and would rather risk either re-offence or lock them away indefinitely to avoid the expense of doing the job right.
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Olorinus the Ludicrous wrote:
The idea of old school is way more interesting than the reality
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