To: Lane3 who wrote (16016 ) 6/29/2002 5:18:22 PM From: Neocon Read Replies (2) | Respond to of 21057 I know that what you want to do. But you are framing it in a way that pulls upon sympathy, and therefore one cannot ignore the concrete choices in the situation. She has the opportunity to make her case, and even to appeal for clemency if the law fails her. She can argue that she had no choice due to the effects of living with continual terror, under a diminished capacity theory (something like "battered wives syndrome"). And, if the law is too narrow in its construction of what constitutes self- defense, the parameters can be changed. But the case cannot be used to prove much about the overall framework of criminal justice. Besides, I made clear my theoretical grounds for imputing malice in a previous post. I have been having an abstract, theoretical discussion of criminal justice, so I am not sure what you are referring to. It is true, although I enjoy thinking and arguing about serious matters, I do not associate the word "fun" with something like this. I have said that you can create a different system (one without punishment), if you do not mind impairing the notion of responsibility. As far as I can see, responsibility, guilt, and punishment are inextricably linked notions. I should mention the social compact we have with the aggrieved, who renounce private vengeance on the assumption that the state will be diligent in meting out justice. Continue down a path of "no fault" criminality, where responsibility is limited and treated much like civil liability, and we disdain to punish, and the social compact will be violated, and the aggrieved will seek their own vengeance once again........