Is this immoral, and is it or should it be a crime?

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BluRayHiDef

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#1 BluRayHiDef
Member since 2009 • 10839 Posts

What if a hostage-taker, at gun-point, forces one hostage to kill another hostage? Should the hostage who killed the other hostage be charged with murder or some other form of homicide? Does whether they enjoyed killing the other hostage affect whether they should be charged? Is what that hostage did immoral? For those who are religious, what do you think of this?

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jim_shorts

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#2 jim_shorts
Member since 2006 • 7320 Posts

It is immoral and illegal.

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BluRayHiDef

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#3 BluRayHiDef
Member since 2009 • 10839 Posts

It is immoral and illegal.

jim_shorts

How so? They are being forced to do it at gun-point; if they don't, they themselves will be killed. Essentially, it's either kill or be killed. One could argue that not killing the other hostage goes against the primary instinct of self-preservation.

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jim_shorts

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#4 jim_shorts
Member since 2006 • 7320 Posts

[QUOTE="jim_shorts"]

It is immoral and illegal.

BluRayHiDef

How so? They are being forced to do it at gun-point; if they don't, they themselves will be killed. Essentially, it's either kill or be killed. One could argue that not killing the other hostage goes against the primary instinct of self-preservation.

I kinda misunderstood your post a bit. I don't know about the criminal aspect of it, but I do think it's immoral to kill another in the name of self preservation.
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XaosII

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#5 XaosII
Member since 2003 • 16705 Posts

This is already covered under laws. It was done under duress, so no, it wont be illegal and arguably not immoral.

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MudoSkills

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#6 MudoSkills
Member since 2012 • 362 Posts
LETS PLAY A GAME.
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pie-junior

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#7 pie-junior
Member since 2007 • 2866 Posts
It falls under the necessity defense.
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BluRayHiDef

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#8 BluRayHiDef
Member since 2009 • 10839 Posts

This is already covered under laws. It was done under duress, so no, it wont be illegal and arguably not immoral.

XaosII

  • What if the hostage enjoys the killing?
  • What if the hostage that is killed is a baby?
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ghoklebutter

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#9 ghoklebutter
Member since 2007 • 19327 Posts
No, the hostage was forced to kill the other person, so the hostage who did the killing shouldn't be blamed.
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PannicAtack

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#10 PannicAtack
Member since 2006 • 21040 Posts
Unless I'm mistaken, the hostage can't be held accountable by law as he was forced to perform the action under duress and coersion and all that stuff.
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ghoklebutter

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#11 ghoklebutter
Member since 2007 • 19327 Posts

[QUOTE="XaosII"]

This is already covered under laws. It was done under duress, so no, it wont be illegal and arguably not immoral.

BluRayHiDef

  • What if the hostage enjoys the killing?
  • What if the hostage that is killed is a baby?

1. If the hostage enjoyed the killing - and, by implication, agreed to kill the other person - then the hostage wasn't forced to do it after all and so is blameworthy. 2. Assuming that the hostage was forced to kill the baby, that doesn't matter.
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FMAB_GTO

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#12 FMAB_GTO
Member since 2010 • 14385 Posts
No, the hostage was forced to kill the other person, so the hostage who did the killing shouldn't be blamed.ghoklebutter
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XaosII

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#13 XaosII
Member since 2003 • 16705 Posts

[QUOTE="XaosII"]

This is already covered under laws. It was done under duress, so no, it wont be illegal and arguably not immoral.

BluRayHiDef

  • What if the hostage enjoys the killing?
  • What if the hostage that is killed is a baby?

If a threat forced coercion on someone who would not normally perform such an act, then it was under duress. It doesn't particularly matter if the person enjoyed the killing or if a baby was killed.

If the person A) enjoys killing but B) does not normally go around killing, then it was still under duress.

If the person A) enjoys killing but B) goes around killing, then it was not under duress. But a seperate case would have to be made account that person for all the murders.

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brucewayne69

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#14 brucewayne69
Member since 2012 • 2864 Posts
LETS PLAY A GAME.MudoSkills
This doesn't contribute to the OP at all. I find it immoral. I'd rather die than make someone else die and save my butt.
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BluRayHiDef

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#15 BluRayHiDef
Member since 2009 • 10839 Posts

[QUOTE="BluRayHiDef"]

[QUOTE="XaosII"]

This is already covered under laws. It was done under duress, so no, it wont be illegal and arguably not immoral.

ghoklebutter

  • What if the hostage enjoys the killing?
  • What if the hostage that is killed is a baby?

1. If the hostage enjoyed the killing - and, by implication, agreed to kill the other person - then the hostage wasn't forced to do it after all and so is blameworthy. 2. Assuming that the hostage was forced to kill the baby, that doesn't matter.

In regard to the first case, even though the hostage enjoyed the killing, he or she is still under the threat of being killed. So, enjoyment is just a perk in addition to preserving their life. Does this change anything?

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Pirate700

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#16 Pirate700
Member since 2008 • 46465 Posts

Wouldn't that fall under self defense?

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Fightingfan

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#17 Fightingfan
Member since 2010 • 38011 Posts

[QUOTE="BluRayHiDef"]

[QUOTE="XaosII"]

This is already covered under laws. It was done under duress, so no, it wont be illegal and arguably not immoral.

XaosII

  • What if the hostage enjoys the killing?
  • What if the hostage that is killed is a baby?

If a threat forced coercion on someone who would not normally perform such an act, then it was under duress. It doesn't particularly matter if the person enjoyed the killing or if a baby was killed.

If the person A) enjoys killing but B) does not normally go around killing, then it was still under duress.

If the person A) enjoys killing but B) goes around killing, then it was not under duress. But a seperate case would have to be made account that person for all the murders.

/thread
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pie-junior

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#18 pie-junior
Member since 2007 • 2866 Posts

[QUOTE="XaosII"]

This is already covered under laws. It was done under duress, so no, it wont be illegal and arguably not immoral.

BluRayHiDef

  • What if the hostage enjoys the killing?
  • What if the hostage that is killed is a baby?

legally- self defense is an objective mechanism (usually focused around the concept of reasonability) which is developed in a preliminary portion of the judicial process, and before examining the existence of mens rea. the focus of examination is, as always in the criminal world, the perpetrator and not the victim.

so, yea, even then.

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BluRayHiDef

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#19 BluRayHiDef
Member since 2009 • 10839 Posts

Most of you are focusing only on the legal aspect. Focus on the moral aspect as well.

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MudoSkills

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#20 MudoSkills
Member since 2012 • 362 Posts
[QUOTE="MudoSkills"]LETS PLAY A GAME.brucewayne69
This doesn't contribute to the OP at all. I find it immoral. I'd rather die than make someone else die and save my butt.

It was a Saw reference, the post reminded me of the Saw films.
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OBLOK

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#21 OBLOK
Member since 2004 • 1257 Posts

What if the hostage taker asks the hostage to kill another hostage, but the hostage says NO LOL and kills himself instead in defiance, should the hostage taker be charge with murder or should it be settled as suicide?

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ghoklebutter

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#22 ghoklebutter
Member since 2007 • 19327 Posts

[QUOTE="ghoklebutter"][QUOTE="BluRayHiDef"]

  • What if the hostage enjoys the killing?
  • What if the hostage that is killed is a baby?

BluRayHiDef

1. If the hostage enjoyed the killing - and, by implication, agreed to kill the other person - then the hostage wasn't forced to do it after all and so is blameworthy. 2. Assuming that the hostage was forced to kill the baby, that doesn't matter.

In regard to the first case, even though the hostage enjoyed the killing, he or she is still under the threat of being killed. So, enjoyment is just a perk in addition to preserving their life. Does this change anything?

That's tricky. I guess when you put it that way, the killer shouldn't be blamed because it's not like the killer could have done anything else. However, even though the killer has done nothing wrong in principle, I do think the killer has a reprehensible attitude towards the killing. That's what I'd say from a virtue ethics perspective.
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michaelP4

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#23 michaelP4
Member since 2004 • 16681 Posts
Why would the hostage taker risk giving a hostage a gun, when in so many action movies that always fails?
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lamprey263

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#24 lamprey263  Online
Member since 2006 • 44605 Posts
pretty sure that's illegal regardless of the unfortunate circumstance that person would be placed in
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pie-junior

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#25 pie-junior
Member since 2007 • 2866 Posts

Most of you are focusing only on the legal aspect. Focus on the moral aspect as well.

BluRayHiDef
I don't think anyone would seriously argue over the ethics involved. I think it would be intuitive to most people that you can't expect a person to prefer someone else's life over his.
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PannicAtack

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#26 PannicAtack
Member since 2006 • 21040 Posts
[QUOTE="BluRayHiDef"]

Most of you are focusing only on the legal aspect. Focus on the moral aspect as well.

pie-junior
I don't think anyone would seriously argue over the ethics involved. I think it would be intuitive to most people that you can't expect a person to prefer someone else's life over his.

Sure. Ideally, hostage A would give up his life for the life of innocent hostage B. But can we hold everyone to that standard? Can any of us say what we'd do in that situation? We aren't really in a place to make a judgment there.
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pie-junior

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#27 pie-junior
Member since 2007 • 2866 Posts
[QUOTE="pie-junior"][QUOTE="BluRayHiDef"]

Most of you are focusing only on the legal aspect. Focus on the moral aspect as well.

PannicAtack
I don't think anyone would seriously argue over the ethics involved. I think it would be intuitive to most people that you can't expect a person to prefer someone else's life over his.

Sure. Ideally, hostage A would give up his life for the life of innocent hostage B. But can we hold everyone to that standard? Can any of us say what we'd do in that situation? We aren't really in a place to make a judgment there.

I was saying the exact opposite of what you seem to be responding to. also- i don't agree that the ideal person would give up his own life for the life of someone else.
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jim_shorts

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#28 jim_shorts
Member since 2006 • 7320 Posts
[QUOTE="BluRayHiDef"]

Most of you are focusing only on the legal aspect. Focus on the moral aspect as well.

pie-junior
I don't think anyone would seriously argue over the ethics involved. I think it would be intuitive to most people that you can't expect a person to prefer someone else's life over his.

I'd argue that it immoral to take someone else's life in order to preserve your own.
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pie-junior

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#29 pie-junior
Member since 2007 • 2866 Posts
I'd argue that it immoral to take someone else's life in order to preserve your own.jim_shorts
how
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-TheSecondSign-

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#30 -TheSecondSign-
Member since 2007 • 9301 Posts

[QUOTE="XaosII"]

This is already covered under laws. It was done under duress, so no, it wont be illegal and arguably not immoral.

BluRayHiDef

  • What if the hostage enjoys the killing?
  • What if the hostage that is killed is a baby?

Enjoying doing cocaine doesn't make the sentence worse.

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LJS9502_basic

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#31 LJS9502_basic
Member since 2003 • 178854 Posts
[QUOTE="pie-junior"][QUOTE="BluRayHiDef"]

Most of you are focusing only on the legal aspect. Focus on the moral aspect as well.

jim_shorts
I don't think anyone would seriously argue over the ethics involved. I think it would be intuitive to most people that you can't expect a person to prefer someone else's life over his.

I'd argue that it immoral to take someone else's life in order to preserve your own.

Which is the crux of this problem....there is no one "morality" toward this question. People see things differently. Is it justified to kill an innocent to preserve oneself? I don't think so. Sure the duress is there....and may be a legal defense....but I don't think it's a moral choice.
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jim_shorts

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#32 jim_shorts
Member since 2006 • 7320 Posts
[QUOTE="jim_shorts"] I'd argue that it immoral to take someone else's life in order to preserve your own.pie-junior
how

It's taking a life any way you look at it. Also it's deciding your life is more important than someone else's.
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PannicAtack

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#33 PannicAtack
Member since 2006 • 21040 Posts
[QUOTE="LJS9502_basic"][QUOTE="jim_shorts"][QUOTE="pie-junior"] I don't think anyone would seriously argue over the ethics involved. I think it would be intuitive to most people that you can't expect a person to prefer someone else's life over his.

I'd argue that it immoral to take someone else's life in order to preserve your own.

Which is the crux of this problem....there is no one "morality" toward this question. People see things differently. Is it justified to kill an innocent to preserve oneself? I don't think so. Sure the duress is there....and may be a legal defense....but I don't think it's a moral choice.

Either way, I don't think it's a standard that we can expect the average joe to hold to. Besides, he's probably gonna feel extraordinarily guilty for a while.
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LJS9502_basic

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#34 LJS9502_basic
Member since 2003 • 178854 Posts
[QUOTE="LJS9502_basic"][QUOTE="jim_shorts"]I'd argue that it immoral to take someone else's life in order to preserve your own.PannicAtack
Which is the crux of this problem....there is no one "morality" toward this question. People see things differently. Is it justified to kill an innocent to preserve oneself? I don't think so. Sure the duress is there....and may be a legal defense....but I don't think it's a moral choice.

Either way, I don't think it's a standard that we can expect the average joe to hold to. Besides, he's probably gonna feel extraordinarily guilty for a while.

What justifies taking a life IYO? The other hostage is not threatening you. And if you are given the means to kill the innocent hostage....why not turn the tables and try to take out the threat? That would be more justified than killing someone that isn't a threat. Should society condone selfishness?
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pie-junior

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#35 pie-junior
Member since 2007 • 2866 Posts
[QUOTE="pie-junior"][QUOTE="jim_shorts"] I'd argue that it immoral to take someone else's life in order to preserve your own.jim_shorts
how

It's taking a life any way you look at it. Also it's deciding your life is more important than someone else's.

I think the argument (which you seem to be making) that it is always immoral to take a life, no matter the scenario- is well outside the popular sentiment- and is, obviously, an impracticality irl. I think every person holds his own life more valuable than anybody else's. seems pretty apparent. It's not a matter of deciding it ad hoc- but a matter decided to us by birth and the human condition.
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jim_shorts

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#36 jim_shorts
Member since 2006 • 7320 Posts
[QUOTE="pie-junior"][QUOTE="jim_shorts"][QUOTE="pie-junior"] how

It's taking a life any way you look at it. Also it's deciding your life is more important than someone else's.

I think the argument (which you seem to be making) that it is always immoral to take a life, no matter the scenario- is well outside the popular sentiment- and is, obviously, an impracticality irl. I think every person holds his own life more valuable than anybody else's. seems pretty apparent. It's not a matter of deciding it ad hoc- but a matter decided to us by birth and the human condition.

I'm not saying it's never okay to take a life, but this certainly isn't a scenario in which I would. Killing someone else to preserve my own life isn't something I would do.
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PannicAtack

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#37 PannicAtack
Member since 2006 • 21040 Posts
[QUOTE="LJS9502_basic"][QUOTE="PannicAtack"][QUOTE="LJS9502_basic"] Which is the crux of this problem....there is no one "morality" toward this question. People see things differently. Is it justified to kill an innocent to preserve oneself? I don't think so. Sure the duress is there....and may be a legal defense....but I don't think it's a moral choice.

Either way, I don't think it's a standard that we can expect the average joe to hold to. Besides, he's probably gonna feel extraordinarily guilty for a while.

What justifies taking a life IYO? The other hostage is not threatening you. And if you are given the means to kill the innocent hostage....why not turn the tables and try to take out the threat? That would be more justified than killing someone that isn't a threat. Should society condone selfishness?

Personally, I don't believe taking a life is justified unless failure to act would result in the clear and immediate death of yourself or someone else. And that's another good point. The TC's scenario is too questionable. Rather implausible, honestly.
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XaosII

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#38 XaosII
Member since 2003 • 16705 Posts

What justifies taking a life IYO? The other hostage is not threatening you. And if you are given the means to kill the innocent hostage....why not turn the tables and try to take out the threat? That would be more justified than killing someone that isn't a threat. Should society condone selfishness?LJS9502_basic

That assumes you are given a weapon to kill the other innocent hostage. If the scenario is that the other person has a rope around their neck and is on top of a chair and you are forced at gun-point to push the chair, are you suggesting that its better to take the chair and attempt to fight off the kidnapper with a gun? I doubt it.

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pie-junior

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#39 pie-junior
Member since 2007 • 2866 Posts
[QUOTE="jim_shorts"][QUOTE="pie-junior"][QUOTE="jim_shorts"] It's taking a life any way you look at it. Also it's deciding your life is more important than someone else's.

I think the argument (which you seem to be making) that it is always immoral to take a life, no matter the scenario- is well outside the popular sentiment- and is, obviously, an impracticality irl. I think every person holds his own life more valuable than anybody else's. seems pretty apparent. It's not a matter of deciding it ad hoc- but a matter decided to us by birth and the human condition.

I'm not saying it's never okay to take a life, but this certainly isn't a scenario in which I would. Killing someone else to preserve my own life isn't something I would do.

then what scenario would be ok
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LJS9502_basic

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#40 LJS9502_basic
Member since 2003 • 178854 Posts

[QUOTE="LJS9502_basic"] What justifies taking a life IYO? The other hostage is not threatening you. And if you are given the means to kill the innocent hostage....why not turn the tables and try to take out the threat? That would be more justified than killing someone that isn't a threat. Should society condone selfishness?XaosII

That assumes you are given a weapon to kill the other innocent hostage. If the scenario is that the other person has a rope around their neck and is on top of a chair and you are forced at gun-point to push the chair, are you suggesting that its better to take the chair and attempt to fight off the kidnapper with a gun? I doubt it.

Well you are assuming as well.
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jim_shorts

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#41 jim_shorts
Member since 2006 • 7320 Posts
[QUOTE="pie-junior"] then what scenario would be ok

Perhaps if someone was going to kill other people and you had a chance to stop them. Speaking of, why not just shoot the hostage taker in this scenario?
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XaosII

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#42 XaosII
Member since 2003 • 16705 Posts

[QUOTE="XaosII"]

[QUOTE="LJS9502_basic"] What justifies taking a life IYO? The other hostage is not threatening you. And if you are given the means to kill the innocent hostage....why not turn the tables and try to take out the threat? That would be more justified than killing someone that isn't a threat. Should society condone selfishness?LJS9502_basic

That assumes you are given a weapon to kill the other innocent hostage. If the scenario is that the other person has a rope around their neck and is on top of a chair and you are forced at gun-point to push the chair, are you suggesting that its better to take the chair and attempt to fight off the kidnapper with a gun? I doubt it.

Well you are assuming as well.

I am. But does your opinion change if you are clearly not on equal power to the kidnapper?

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LJS9502_basic

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#43 LJS9502_basic
Member since 2003 • 178854 Posts

[QUOTE="LJS9502_basic"][QUOTE="XaosII"]

That assumes you are given a weapon to kill the other innocent hostage. If the scenario is that the other person has a rope around their neck and is on top of a chair and you are forced at gun-point to push the chair, are you suggesting that its better to take the chair and attempt to fight off the kidnapper with a gun? I doubt it.

XaosII

Well you are assuming as well.

I am. But does your opinion change if you are clearly not on equal power to the kidnapper?

Would I think it was moral to kill an innocent party? No.
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akdiuuuryttt

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#44 akdiuuuryttt
Member since 2005 • 2854 Posts

in canadian law you would get charged with murder but so would the guy forcing them too

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#45 BluRayHiDef
Member since 2009 • 10839 Posts

[QUOTE="pie-junior"][QUOTE="BluRayHiDef"]

Most of you are focusing only on the legal aspect. Focus on the moral aspect as well.

PannicAtack

I don't think anyone would seriously argue over the ethics involved. I think it would be intuitive to most people that you can't expect a person to prefer someone else's life over his.

Sure. Ideally, hostage A would give up his life for the life of innocent hostage B. But can we hold everyone to that standard? Can any of us say what we'd do in that situation? We aren't really in a place to make a judgment there.

If I were in that situation, I'd blow the other person's brains out with no hesitation.

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BluRayHiDef

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#46 BluRayHiDef
Member since 2009 • 10839 Posts

in canadian law you would get charged with murder but so would the guy forcing them too

akdiuuuryttt

Fail.

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deactivated-5b1e62582e305

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#47 deactivated-5b1e62582e305
Member since 2004 • 30778 Posts

in canadian law you would get charged with murder but so would the guy forcing them too

akdiuuuryttt

Charged? Possibly, but he wouldn't get convicted. You need a mens rea and actus reus for that to get a conviction here. If anything he'd get Manslaughter and no sentence.

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pie-junior

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#48 pie-junior
Member since 2007 • 2866 Posts

in canadian law you would get charged with murder but so would the guy forcing them too

akdiuuuryttt
no