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this post was submitted on 19 Aug 2024
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That's certainly true if "fair" in your view isn't the same thing as, "consistent with the law and precedent".
Let me pose this a slightly different way: a person murders a baby. Should the person be arrested? Should they be tried for murder? Should they be executed? What if the 'baby' is actually an 8 week old fetus, and the person is a doctor performing a legal elective abortion? Religious zealots and right-wing misogynists are going to argue that killing the doctor is morally justified and "fair". Should each person get to apply their own moral code?
This isn’t a case of fighting moral codes. This is a case of battles of safety.
There are many issues of safety that affect all people, including food safety, mental safety, economic safety. All of those have resulted in court battles, as well as court failures. Safety from violence is the basic one, and people will often need to make their decisions around it on a faster basis than courts can proceed.
That’s the practical analysis, rather than the idealistic view where every single disagreement of any kind would receive a protracted court debate with all evidence present.
People are all capable of in-the-moment vigilantism (heck, most murderers feel this way). Society can still evaluate their cases afterwards to say whether they were warranted or not. I argue people should feel some safety from repercussions if society can agree their actions demanded some form of immediacy beyond what courts could provide, and did something good for society or were necessary for their own safety.
A zealot would get no such votes unless they were given a jury of their fellow zealots, and if that’s possible then I can think of no fair justice system in such a society.
Anti-choice zealots argue precisely this: they are protecting babies from premeditated violence.
It's not what I believe. But it's the justification that they use to bomb reproductive clinics and murder OBGYNs.
That's the risk we run when we accept vigilante justice; we normalize it so that other people can use it for other reasons that we may or may not find morally acceptable.
Isn't that what happened here? She was charged with murder, and she took a plea deal since it's likely she would have lost a court case; she had no reasonable claim of being in fear for her life, and as a matter of law, her attorney wouldn't be allowed to make the argument that her abuser/victim deserved to be killed.
We need to change the precedent so that rapists get life in prison.
Precedent can be shit too. Remember when “separate but equal” was precedent?
Ah, yes, so that rape is treated the same as murder. Which will result in more murders. Because if you go to prison for the same amount of time either way, why not go all-in an murder your victim?