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  • RidderSport@feddit.orgtoMemes@lemmy.mlJerkoff
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    3 months ago

    In German penal law there were discussions on how to treat those that act under orders. Many Germans did act under orders and even in accordance to law in WW2 but also in regard to the Mauerschützen (the soldiers that shot dissidents at the inner German border)- meaning that there were difficulties persecuting them as it was technically legal. There were way too few persecutions, however something called the Radebrechtsche formula was developed. Paraphrasing it says, something that is morally wrong to every morally thinking being cannot be legalized or excused. It is simply illegal to act on orders that are naturally wrong.
















  • There’s virtually no crime that can be physically redeemed, except for property crimes. Literally any other criminal offense creates an irredeemable injury. But that is exactly why nearly developed country, except for the USA have a redemption-type penal system. How do you measure redemption? Is r*pe redeemed after 4 or 50 years? It will never be for the victim.

    But what you can do is try to help everyone to not become criminal again. Because for one, guess what, they’re human too. They weren’t born criminal and aren’t criminal by nature once they’ve committed a crime. They have the right to live their life as much as the guy they killed. Once you have them forfeit their right to a free life, you commit a similar crime. One that in this case is done by objectifying them as an object rather than a subject.

    This thinking is the result of hundreds of years of philosophical thinking and seeing the result of your mindset being used by tyrannys.

    If they do not pose a danger to anyone anymore and have reformed then they are to be let go. Also in dubio pro reo.

    As for minors, their mind is still developing, they may have cognitively known that killing someone is wrong, but they have not yet accepted it as their own moral. Not knowing even the basics of cognitive development of children, I feel like there’s not even a point to discuss with you