Community > Posts By > daniel48706

 
daniel48706's photo
Fri 10/16/09 02:00 PM
I agree with you on this. Now let's put it like this. Throw ohysical age out the window, dont even consider it forsake of argument. Two people go up in court for murder. One is found to be in their right state of mind and to know that murder is wrong. They get punished for murder. The other one is found to be mentally challanged and immature, thus they are not legally capable of being tried as an adult becuase they do not have the mental capabilities.

MOST kids, know if something is right or wrong. It is not a question of understanding, it is a question of whether they knew it to be wrong in the first place, not why it is wrong. So again, I agree let the punishment fit the crime, and charge the individual based o their mental capabilities.


Yes and No doesn't really fit the question. It all depends on the child, I think the punishment should be dictated by the child's mentality and the reason behind the crime.

I watched an episode of Law & Order: SVU that had a similar question. Two teens killed a person and one of them was charged as an adult, and one was charged as a minor due to his mental capability.

So while the punishment should fit the crime, the child's mental capability should also be taken into account.

daniel48706's photo
Fri 10/16/09 01:50 PM
just because there were 99 posts prior to you, doesnt mean someone else didnt post while you were typing your answer. I suggest you go back and manually count each response, only then will you know for certain without doubt that yu were the one hundredth post. drinker







[I'm done with explaining how wrong that you are. I just wanted to be the 100th response on this thread ;)
LOL...devil


sorry but you are wrong, you're not the 100th you are the 101st biggrin to post on this thread


Who taught you how to count?
I'm #100
:P


here's a quick math class smarty pants
20 posts per page
5 complete pages of posts = 20 x 5 = 100 posts
your post is #1 on page 6
duh = 101 tongue2


When your little finger clicks onto the topic page you will notice a number that is representing the # of post on each thread. When I posted the 100th it was at 99. Therefore,I am #100 :)
Just look back at the # and subtract...this is why our school system stinks so much bc of ppl like YOU!
laugh

daniel48706's photo
Fri 10/16/09 01:40 PM
in repsonse to the original question, I thin it is 1 and 3. Let the punishment fit the crime (it should be this way no matter what) and yes charge the child if the child commits the crime.

Now a perfect example which I just found out abot the other day.

New York State law dictates, that in the case of arson, if it is found that a fire is started due to a child 7 years of age or older playing with fire, then the fire inspector is required by law to arrest that 7 year old and press charges for arson.

I do not believe the child would be kept with adults during their imprisonment, and they would be schooled and rehabilitated at the same time, but yes they are arrested and charged for their crime, because at age 7, generally speaking, a child does know it is wrong to play with fire.

daniel48706's photo
Fri 10/16/09 01:33 PM
right or wrong in most cases is black and white. A nine year old child knos if it was wrong to do somethign or not.




Just found article on 8yr old, who plead guilty.
http://kdka.com/topstories/arizona.boy.shooting.2.939046.html

Yes, I'd want to charge him as an adult and would want the punishment to fit the crime. But that wont happen as the state and child have cut a deal.




How could you say that?
1st he was 9
and
2nd the police forced a confession out of him
What does he know at 9...really?

daniel48706's photo
Fri 10/16/09 01:23 PM
wrong, unless you refuse to perform all marriages. By accepting the state position, you are agreeing to provide the state services to everyone that teh state agrees meets requirements.






I think you misunderstand me hun. I am not saying you HAVE to perform marriages. I am saying that if you choose to perform marriages, then you have to provide that service for all who ask it of you, not just those you want to provide it for (barring religious affiliation of course).



And I am responding my little ray of sunshine, No I do not.

If I chose to, I could perform your wedding ceremony and on that same token I can refuse YR just because I chose to.




but can you IF you are an elected official and performing your duties as one???

yes

daniel48706's photo
Fri 10/16/09 01:20 PM
ok, by removing religioin that leaves twooptions if I am correct; public elected official or mail order candidtae (internet certificate).

If you have it from the internet, you are free to do with it as yu please. However if you are a public official, then you have one choice and only one choice: "will I perform wedding ceremony's, plural". If you decide yuo want to provide marriage ceremonies, then the only thing you can use to judge whether or not you will provide a ceremony is state law, because yuo are an elected official. This means, in the case of a gay couple, if the state recognizes the union, then you have to marry any gay could that asks you to do so if you provide ceremonies to anyone else, because you are providing a state service. If you can not in your right conscience provide a wedding ceremony to anyone who asks it of you, then you should not be providing them at all.

quote]

If the job goes against your belief (not you personally, you in general) then wouldnt you agree that yuo should not be doing that job?

As far as I am concerned, anyone who states that it is wrong to do something, should not be doing a job that would require them to do that action; otherwise they become a perfect example of a hypocrite.

In the case of the current article, if the JOP refuses to provide a marriage to a bi-racial couple, then he should not be willing to perform any marriage whatsoever, as is his choice. It is NOT his choice to decide who he can and can not marry; just wether or not he will perform the rites at all.



Moot point about my beliefs and I am most definitely not a hypocrit.

Remove religion from equation and let's stick to facts :wink:

daniel48706's photo
Fri 10/16/09 01:15 PM
ok, lol let's clear one thing up hu, lol, how are you able to perform marriages if you choose? lol are you a minister? justice of the peace / judge / publicly elected official? Mail order candidtae (sorry lol, couldnt resist that one in regards to internet applications) flowerforyou




I think you misunderstand me hun. I am not saying you HAVE to perform marriages. I am saying that if you choose to perform marriages, then you have to provide that service for all who ask it of you, not just those you want to provide it for (barring religious affiliation of course).



And I am responding my little ray of sunshine, No I do not.

If I chose to, I could perform your wedding ceremony and on that same token I can refuse YR just because I chose to.





daniel48706's photo
Fri 10/16/09 01:12 PM
Exactly Rose. That is what I have been trying to say this whole time.



ok...this is JMO...IF it is an elected government official paid by the people...then they should only uphold the law. if it is legal then they have an obligation. if the person is a minister or got their license on the internet and does private services (not that kind ya pervs lol) then it's up to them to decide.

clear as mud???? laugh

daniel48706's photo
Fri 10/16/09 01:11 PM
If the job goes against your belief (not you personally, you in general) then wouldnt you agree that yuo should not be doing that job?

As far as I am concerned, anyone who states that it is wrong to do something, should not be doing a job that would require them to do that action; otherwise they become a perfect example of a hypocrite.

In the case of the current article, if the JOP refuses to provide a marriage to a bi-racial couple, then he should not be willing to perform any marriage whatsoever, as is his choice. It is NOT his choice to decide who he can and can not marry; just wether or not he will perform the rites at all.




This opens a whole new door.

Ok if it's against his belief and is forced to marry this couple, what will happen if a gay couple comes along, will he be then forced to marry although it's against his beliefs or religion? Will they start forcing doctors to kill unborn babies? where will it stop. No, he should not be forced. Because it's his belief he's being chastised for it.

Go somewhere else to get married. I think it will open up pandora's box.




I like how you think :thumbsup:

I never stated whether I agreed or disagreed with his decision of not wanting to perform service because the couple was interracial and still wont comment on that. But have found it amusing that people think that just because one can perform a service that they must on demand.

:thumbsup:



Exactly, just where will it end once we start forcing someone to go against their beliefs?

Not somewhere that we should even go.

daniel48706's photo
Fri 10/16/09 01:07 PM
I think you misunderstand me hun. I am not saying you HAVE to perform marriages. I am saying that if you choose to perform marriages, then you have to provide that service for all who ask it of you, not just those you want to provide it for (barring religious affiliation of course).



This opens a whole new door.

Ok if it's against his belief and is forced to marry this couple, what will happen if a gay couple comes along, will he be then forced to marry although it's against his beliefs or religion? Will they start forcing doctors to kill unborn babies? where will it stop. No, he should not be forced. Because it's his belief he's being chastised for it.

Go somewhere else to get married. I think it will open up pandora's box.




I like how you think :thumbsup:

I never stated whether I agreed or disagreed with his decision of not wanting to perform service because the couple was interracial and still wont comment on that. But have found it amusing that people think that just because one can perform a service that they must on demand.

:thumbsup:


daniel48706's photo
Fri 10/16/09 01:05 PM
yes, and if it is shown tha a judge recuses himself from a petition because he can not decide based upon his personal religious beliefs, then he will be removed fromt he bench eventually for being unable to perform his duties.



if there is a chance that the ability to perform task impartially anyone can recuse/excuse themselves from participating in the service.


In order to recuse oneself from duty (in example a judge recusing himself from a petition) the judge has to show that he/she has a personal, and legal, connection to the petition in question. For example, a judge is required to recuse themself if they are related to a petitioner. however,, to my knowledge a judge is NOT able to recluse themself due to personal beliefs. By accepting the office of judgeship, they agree to not base any decision on a personal belief system.



When it is a public position like Judge or Justice of the Peace, you're damn right. I just moved away from LA and I can tell you that if government officials there were allowed to choose whether or not they would provide services to people, then a lot of people would receive no services at all. That was how it was in the past and without our Federal Civil Rights laws, that is how it still would be today. Too many people in LA are stuck in the 19th Century.


a judge or justice has every right to recuse himself from any case or petition for any reason in LA or anywhere else in the country. federal civil rights laws have nothing to do with it. or maybe you can tell me what federal civil rights statute applies that i'm not seeing.



daniel48706's photo
Fri 10/16/09 01:03 PM
if it is his religious belief to not marry someone, then he has the legal right to go thrugh his church to be able to perform marriages. BUT by accepting a GOVERNMENT position, he has agreed to waive his personal beliefs in any such manner. Very simply put, and this is a major problem with society, if your religious beliefs prevent you from doing something, say performing marriage rights to a gay couple, then you have no business accepting a job in which you will be expected to perform a marriage ritual to a gay couple if one asks you to. This all falls underneath seperation of church and state. The church has the legal right to refuse to marry someone due to belief. The state (in this case a justice of the peace) does not have that right. So if his religious beliefs conflict with his job as a justice of the peace, then he does nto qualify for that job and should not be in that position (unless of course as I stated before and marriage is a discretionary act, in which case the j.o.p. has to refuse ALL marriage requests nto just those that go against his personal beliefs)



This opens a whole new door.

Ok if it's against his belief and is forced to marry this couple, what will happen if a gay couple comes along, will he be then forced to marry although it's against his beliefs or religion? Will they start forcing doctors to kill unborn babies? where will it stop. No, he should not be forced. Because it's his belief he's being chastised for it.

Go somewhere else to get married. I think it will open up pandora's box.



daniel48706's photo
Fri 10/16/09 12:58 PM
I am sorry to hear about everything your going through hun. I pray it all works out for the best. however, in regards to your grandchildren, I am sorry to say you probably do not have any legal rights whatsoever, as I am assuming you are not their legal gaurdian, and they are not in the United States.

daniel48706's photo
Fri 10/16/09 12:47 PM
lol, another thing about me, I like long narrow legs devil




I am very opinionated, and hard to persuade otherwise if I feel strongly enough about something.

one example is I feel very strongly towards equality for all citizens, and this goes both ways. If you have the right to not participate in something, then I have the right TO participate in it if I choose to do so (assuming it is legal activities of course :smile)


ding ding ding Daniel

that's my point flowerforyou I love opinionated people

daniel48706's photo
Fri 10/16/09 12:40 PM
I am very opinionated, and hard to persuade otherwise if I feel strongly enough about something.

one example is I feel very strongly towards equality for all citizens, and this goes both ways. If you have the right to not participate in something, then I have the right TO participate in it if I choose to do so (assuming it is legal activities of course :smile)

daniel48706's photo
Fri 10/16/09 12:36 PM
In order to recuse oneself from duty (in example a judge recusing himself from a petition) the judge has to show that he/she has a personal, and legal, connection to the petition in question. For example, a judge is required to recuse themself if they are related to a petitioner. however,, to my knowledge a judge is NOT able to recluse themself due to personal beliefs. By accepting the office of judgeship, they agree to not base any decision on a personal belief system.



When it is a public position like Judge or Justice of the Peace, you're damn right. I just moved away from LA and I can tell you that if government officials there were allowed to choose whether or not they would provide services to people, then a lot of people would receive no services at all. That was how it was in the past and without our Federal Civil Rights laws, that is how it still would be today. Too many people in LA are stuck in the 19th Century.


a judge or justice has every right to recuse himself from any case or petition for any reason in LA or anywhere else in the country. federal civil rights laws have nothing to do with it. or maybe you can tell me what federal civil rights statute applies that i'm not seeing.

daniel48706's photo
Fri 10/16/09 12:16 PM
let's say that as another poster posted, that performing marriages is a "discretionary service" of the justice of the peace. I don't really think it is, but I have not looked.
as a discretionary service, then yes the person would have the right to refuse to perform marriages period. But the minute they agree to perform one marriage, they have to perform it for anyone who meets the state laws for marriage. They can not pick and choose between who they will and who they wll not perform the service for.




If I read the article correctly the JOP didn't say they could not get married, just that he wouldn't do it. Again never stating whether I agreed or not.

Just posed the question, just because one can do a service does not mean one has to do it, or do you believe it does?




Lol I know you never mentioned the religious aspect, I said I didn't know here you were coming from with your personal capabilities of rendering services. BUT if you are a justice of the peace I highly reccommend you check with your local law offices on your belief that you can pick and choose who and why you marry someone. I know you would not chose to not marry an inter-racial couple because they were inter-racial; nt trying to say you would. But you are most mistaken in the assumption that a GOVERNMENT official can pick and choose. As long as the state legal requirements are met, a justice of the peace is bound to provide the service to anyone who applies because he is not a private organization; the position of justice of the peace is a government position.




daniel48706's photo
Fri 10/16/09 12:01 PM
Lol I know you never mentioned the religious aspect, I said I didn't know here you were coming from with your personal capabilities of rendering services. BUT if you are a justice of the peace I highly reccommend you check with your local law offices on your belief that you can pick and choose who and why you marry someone. I know you would not chose to not marry an inter-racial couple because they were inter-racial; nt trying to say you would. But you are most mistaken in the assumption that a GOVERNMENT official can pick and choose. As long as the state legal requirements are met, a justice of the peace is bound to provide the service to anyone who applies because he is not a private organization; the position of justice of the peace is a government position.


Daniel :wink:

never mentioned Pastor nor Priest I posed a question tongue2

But you are wrong, I can chose who I perform a wedding ceremony for also note never indicating on any reason as to why or why not I'd chose not to perform ceremony, but ultimately my choice :wink:



I do not knowyour situation, wether you are referring to if a PASTOR or PRIEST can choose not to marry a gay couple etc. but in this case, you can not legally choose to not marry a black adult to a white adult simply because they are black and white. it has nothing to do with religion. Also, in this particular case, iot is not a religion signing the certificate it is a justice of the peace, which is a government office, not a religious office. Which again dictates he can not choose who he does nad does not marry, so long as the marriage itself is legal in teh state of Louissianna.



Is it mandatory that he marry everyone?

I can pick and chose who I perform ceremonies for, why can't he?



daniel48706's photo
Fri 10/16/09 11:54 AM
If it is a private company yes I would agree with you. If it was a church I woudl agree with you. however a justice of the peace is not a provate company or organization it is a government position. And as a government position, they have to follow the LAWS of the state, not their political beliefs, or their social beliefs, or the religious beliefs etc.

it is not against the law anywhere in the united states for a black man to marry a white woman, or vice verse, thus a justice of the peace can NOT legally turn them away as he is a government official.




isn't that what it is all about....??

Finding some one to service you....


Just because they offer a service does not guarantee you service, up to company or person whether to do or not do job, or am I wrong?


daniel48706's photo
Fri 10/16/09 11:46 AM
I do not knowyour situation, wether you are referring to if a PASTOR or PRIEST can choose not to marry a gay couple etc. but in this case, you can not legally choose to not marry a black adult to a white adult simply because they are black and white. it has nothing to do with religion. Also, in this particular case, iot is not a religion signing the certificate it is a justice of the peace, which is a government office, not a religious office. Which again dictates he can not choose who he does nad does not marry, so long as the marriage itself is legal in teh state of Louissianna.



Is it mandatory that he marry everyone?

I can pick and chose who I perform ceremonies for, why can't he?

1 2 13 14 15 17 19 20 21 24 25