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I've been all up and down the thread saying yea charge penny for manslaughter because extrajudicial killing is a slippery as fuck slope, but I also don't give a shit about neely at all.
Obviously dude should have gotten help; not his fault his brain blew a fuse. The solution to him not getting help because there are no resources or because he doesn't want it isn't to throw up our hands or start lynching people; it's to provide resources and enforce their use.
But then we're back at your dude getting institutionalized for smokes somehow instead of for having an episode.
So I am one of those weirdos that thinks that under certain circumstances a society with just the anarcho- and no tyranny could work in a way that's superior to what we have now -- but if we are going to have anarcho-tyranny, wouldn't it be better for the anarcho-privilege to apply to the vast majority of folks who aren't out there starting shit and making everyone else's life worse, rather than the tiny minority that are a pain in the ass to the world at large?
I think Penny should be penalized -- you are correct IMO that manslaughter is appropriate under current law, based on what we've seen so far. Reduce the penalty a bit for justifiable violence, and you pretty well have what I'm suggesting. I'd personally reduce the penalty a lot for anything that looks like consentual violence, and "yelling at people and throwing trash at them on the train" would count as consent. If Neely hadn't died, in my world him and Penny would both be up on some sort of disturbing the peace misdemeanor -- and if the jury lets Penny walk for New York reasons, so be it.
Since he did in fact die, manslaughter is what it is -- this is a risk in any street fight. So maybe Penny is both a hero and guilty of manslaughter? Killing a bum doesn't make you a hero, but showing the other bums that people are willing to shut them down whatever the consequences maybe does. Pour encourager les autres and all that.
This is the big if for me.
If leading one mentally ill guy onto the chakmool and choking him to death appeases Tlaloc and cures all ills, then it was obviously worth it. We already live in omelas; making it more obvious is just owning up to it.
I just don't thing the type of people ready to throw down on the subway because the voices were too loud that day are going to be convinced by incentives; IMO they need to be cured or segragated.
But, oh fuck oh shit, there's that fucking tyranny problem you brought up AGAIN and we are institutionalizing randos like it's 1950 AGAIN.
It's that fucking lockian hobbsian all the way back to whoever was in charge of the first farming village problem AGAIN.
The Templo Mayor was a government based solution -- I am suggesting a social one.
Humans are really good at responding to social pressure, even when they are fuckin crazy.
If they aren't, they are still animals -- and the way to train animals through negative reinforcement is to make sure that the reinforcement is swift and sure -- not necessarily severe.
This is not possible for a government to do without a very resource intensive police state -- but citizens can provide it very very well, if you leave interpersonal violence on the table.
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