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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order

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hypothetical ethical enigmas
    #7203404 -

How would you feel about the following situation.

1. A woman goes out to a bar, gets pretty drunk, meets a guy who is sober, who ends up driving her and her car back to his house. At his house, he attempts to rape her, but she gets away, and gets in her car a drives away... still shitfaced. After a few miles of driving she feels safe enough to call the cops and right as she picks up her phone, she causes a multiple car wreck which results in more than one person dying (not her).


I dont know why, but I was thinking about shit like this last night as I tried to go to sleep and wondered what P&S would have to say about it.
Do you think she is absolved of any real wrongdoing since she was faced with a traumatic event, and we chalk the entire situation up to being just a shitty situation?
Or should the woman have pulled off the road after being a safe distance from the rapist?
Would she still be charged with a DWI/DUI? vehicular manslaughter?

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Re: hypothetical ethical enigmas [Re: SneezingPenis]
    #7203408 -

I suggest Valerian before bed.


--------------------
"Don't believe everything you think". -Anom.

" All that lives was born to die"-Anom.

With much wisdom comes much sorrow,
The more knowledge, the more grief.
Ecclesiastes circa 350 BC

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Re: hypothetical ethical enigmas [Re: SneezingPenis]
    #7203525 -

Yeah she would be charged

1 attempted rape < Several deaths


--------------------


Come on breakthrough with me...such wonders terrify the soul...it's real no need to question...knowledge infiltrates the host

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Re: hypothetical ethical enigmas [Re: Icelander]
    #7203606 -

I suggest Valerian before bed.

I agree. She always helps me fall asleep.

As for the question: I think technically she's guilty of DUI manslaughter, but if I was on her jury, she'd never be convicted. I'd throw the book at the rapist though.


--------------------
Republican Values:

1) You can't get married to your spouse who is the same sex as you.
2) You can't have an abortion no matter how much you don't want a child.
3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer.

4) We need a smaller, less-intrusive government.

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Re: hypothetical ethical enigmas [Re: Diploid]
    #7204317 -

Even as a huge advocate of personal responsibility,

:thumbup:



But if she asked for it...:shrug:





Only kidding.

Edited by Viveka (07/20/07 09:26 PM)

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Re: hypothetical ethical enigmas [Re: Viveka]
    #7204436 -

I don't think she'd be responsible. That falls on the rapist.


--------------------
Republican Values:

1) You can't get married to your spouse who is the same sex as you.
2) You can't have an abortion no matter how much you don't want a child.
3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer.

4) We need a smaller, less-intrusive government.

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Re: hypothetical ethical enigmas [Re: Diploid]
    #7204474 -

I dont see how the rapist could be pinned with the deaths of those killed by her drunk driving.

There are two big problems I see with this: 1) She got drunk on her own volition.
2) She could have stopped driving drunk after a mile or so, but she choose to keep driving while intoxicated.

You have to wonder at what point do you think the "escape at all costs necessary" stops absolving one of responsibility from the consequences of their own actions?

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Re: hypothetical ethical enigmas [Re: SneezingPenis]
    #7204496 -

Attempted rape is undue stress, thus incapacitating one's judgment. While it was her choice to intoxicate herself, it was not her choice to enter into that situation. Your stance that she should have been effectively evaluating her situation and acting appropriately in response belies the nature of human nature as it often manifests in such circumstances.

The accident and subsequent deaths are unfortunate, yet this woman would not be responsible.


--------------------
:redpanda:
If I should die this very moment
I wouldn't fear
For I've never known completeness
Like being here
Wrapped in the warmth of you
Loving every breath of you

:heartpump: :bunnyhug: :yinyang:

:yinyang: :levitate: :earth: :levitate: :yinyang:

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Re: hypothetical ethical enigmas [Re: fireworks_god]
    #7204530 -

so, what grace period do you believe should be granted to someone in her position? A day? week? month? year?

How do you measure how long a traumatic event absolves one of responsibility?

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Re: hypothetical ethical enigmas [Re: SneezingPenis]
    #7204569 -

1) She got drunk on her own volition.

This is irrelevant, IMO, because she was never intending to drive while drunk, unless I misunderstand the scenario.

She could have stopped driving drunk after a mile or so, but she choose to keep driving while intoxicated

But alcohol impairs judgment. She may not have realized how far she'd driven. Similar to how a person who is unable to distinguish right and wrong cannot be guilty of murder. That's the 'insanity defense' which is apropos to this scenario.

In the final analysis, had she done as she originally intended, no one would have been hurt. It's only when the rapist is in the picture that people died. I still see all the blame on the rapist.


--------------------
Republican Values:

1) You can't get married to your spouse who is the same sex as you.
2) You can't have an abortion no matter how much you don't want a child.
3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer.

4) We need a smaller, less-intrusive government.

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Re: hypothetical ethical enigmas [Re: SneezingPenis]
    #7204575 -

How do you measure how long a traumatic event absolves one of responsibility?

That's a judgment call for the jury made on a case-by-case basis.


--------------------
Republican Values:

1) You can't get married to your spouse who is the same sex as you.
2) You can't have an abortion no matter how much you don't want a child.
3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer.

4) We need a smaller, less-intrusive government.

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Re: hypothetical ethical enigmas [Re: Diploid]
    #7204676 -

Diploid said:
1) She got drunk on her own volition.

This is irrelevant, IMO, because she was never intending to drive while drunk, unless I misunderstand the scenario.

She could have stopped driving drunk after a mile or so, but she choose to keep driving while intoxicated

But alcohol impairs judgment. She may not have realized how far she'd driven. Similar to how a person who is unable to distinguish right and wrong cannot be guilty of murder. That's the 'insanity defense' which is apropos to this scenario.

In the final analysis, had she done as she originally intended, no one would have been hurt. It's only when the rapist is in the picture that people died. I still see all the blame on the rapist.



Look, I understand that the woman would be found not-guilty by any jury in the country. I think more out of pity or empathy than rational deliberation.

Here is one way you could look at the situation, and why her getting drunk on her own is relevant.
Just like you said, alchohol impairs ones judgement.... everyone knows this. By getting drunk, you accept this fact.
If we look at this entire situation from the idea that in any given group of people (of a certain size) will have atleast one rapist in it.
Call it an abberration, call it wrong... whatever, but it is a fact that there will always be rapists. With a lack of ability to make proper decisions, coupled with being what some would call "slut"... she had made a drunk/bad decision that impacted all those people she wrecked into, before she was presented with "traumatic amnesty".

What if I put this into a different light.... lets say that it was a drunk male, who went over to a womans house, and in the middle, he finds out she is married, because her husband is standing over him with a shotgun. Then he gets away, and kills people with his drunk driving.

how would that fare for the unsuspecting man in court?

I didnt originally mean to get into this with this thread, but it has brought up a good point IMO....

Every decision that you make, you must take responsibility for the aftermath of it. Now, no court inn the world would fault someone for unflinchingly trusting the general "good nature" of people... but it is rather juvenile to think so.

Im not saying one should be paranoid that everyone is going to rape them, but dont be completely shocked when you put yourself into a situation which allows for such a thing to happen.

we can say that none of this would have happened if the woman had not gotten drunk, or been so easy.

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Re: hypothetical ethical enigmas [Re: SneezingPenis]
    #7204734 -

You are asserting a standard by which human beings should conduct themselves at all times, that simply cannot apply, as human beings are not perfect. Rape is entirely the fault of the attempted rapist, regardless of whether or not their victim is impaired. Clearly, if one wishes to avoid these scenarios entirely, then one might as well kill themselves, because the course of our lives is never within our own direction, regardless of how conscious and calculating we exert ourselves to be.

No jury in this country would convict this woman because juries consist of human beings, who understand the nature of being human. Responsibility, in terms of the interaction of human beings amongst each other, is judged by society. For example, I am not responsible for your emotional state of being, and no jury would assert that I was, but if I presented you with an immediate threat to your life at knife-point, society would consider myself as being responsible.


--------------------
:redpanda:
If I should die this very moment
I wouldn't fear
For I've never known completeness
Like being here
Wrapped in the warmth of you
Loving every breath of you

:heartpump: :bunnyhug: :yinyang:

:yinyang: :levitate: :earth: :levitate: :yinyang:

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Re: hypothetical ethical enigmas [Re: fireworks_god]
    #7204782 -

Im not saying that her actions absolve the rapist of wrongdoing. But I am saying that she (and all of us for that matter) should take responsibility for the situations that our choices put us in.

Are you saying that we should be able to make all of our decisions based on the delusion that humanity and society are good? In a perfect world, no one should take my wallet if I leave it on the bar, but that isnt the case, and we still consider it "stealing" if someone does.

I dont go darting out in front of cars on foot even though as a pedestrian, I have the right of way. If I got hit by a car, could I say that I just figured everybody driving a car was aware of this, and they were all thinking "hey, I better watch out for YawningAnus, that crazy pedestrian".
To think that there isnt some bitch putting on her lipstick, not paying attention, out of 30 cars, that would be assinine of me.

Go home with enough men from bars, and eventually, one will turn out to be a rapist.

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Re: hypothetical ethical enigmas [Re: SneezingPenis]
    #7205058 -

Quote:
Im not saying that her actions absolve the rapist of wrongdoing. But I am saying that she (and all of us for that matter) should take responsibility for the situations that our choices put us in.



Too late. I don't see any purpose or benefit of designating responsibility to an event in the past. To say that he or she could have done this or that is going to lead to the question: how? And when we look for the point in the scenario where someone could have done something different, we will only find that the chain of causes and effects leads backward and in every direction as far as we will look. I think any break in that chain where something could have happened differently is artificially put there by us.

As for the court jurisdiction, I don't know. I think they work more on punishment than prevention, because they are looking at what someone "could have" done rather than how to make things better in the future.

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Re: hypothetical ethical enigmas [Re: Epigallo]
    #7205445 -

no, not really. When you are looking solely at choices that you have made and the direct results it created, you only need to go back to the first sequitur decision.
We could say that earlier that day, she chose to watch a movie, or go to McDonalds.... that choice had no bearing on future choices.

Im sure some will disagree and argue that if she wouldnt have done X, she wouldnt have been late for Y, which brought up Choice Z... but that is being presumptuous.
Look at the choices that were made which directly brought about the results/situations in question.

Just as the rapist made the choice to attempt to rape her, she made a choice to put herself in a vunerable position.... twice.

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Re: hypothetical ethical enigmas [Re: SneezingPenis]
    #7205562 -

YawningAnus said:
Im not saying that her actions absolve the rapist of wrongdoing. But I am saying that she (and all of us for that matter) should take responsibility for the situations that our choices put us in.

Are you saying that we should be able to make all of our decisions based on the delusion that humanity and society are good? In a perfect world, no one should take my wallet if I leave it on the bar, but that isnt the case, and we still consider it "stealing" if someone does.

I dont go darting out in front of cars on foot even though as a pedestrian, I have the right of way. If I got hit by a car, could I say that I just figured everybody driving a car was aware of this, and they were all thinking "hey, I better watch out for YawningAnus, that crazy pedestrian".
To think that there isnt some bitch putting on her lipstick, not paying attention, out of 30 cars, that would be assinine of me.



I agree with you on all of this. But the question you proposed was not regarding whether or not one should take responsibility for one's life situation to such a degree, but rather if this woman should be criminally liable for the deaths resulting from the accident.

If I was on the jury, I'd order to her to receive counseling for the experience and guidance as to how to be more responsible - i.e. perhaps not drinking past the point at which one is rather unable to conduct one's affairs, as well as self-defense. :shrug:


Quote:
Go home with enough men from bars, and eventually, one will turn out to be a rapist.



You continue to assert that this woman was a slut, but I don't see anything in this hypothetical situation that constitutes evidence that she was. What number, do you feel, is "enough"? From what I gather, she had not even intended to "go home" with the man, but simply to receive a ride in his vehicle. The man was sober and, quite possibly, presented absolutely no warning signs that he would engage in this activity before it got past that point.

I think some aspects of your thinking wishes to judge this woman beyond what is reasonable. She was in a vulnerable circumstance, requiring a ride from a stranger, and, coupled with some assistance in coming to terms with the situation, as well as some training as to how to better conduct her affairs (taxi cabs, friends, ensuring one isn't making oneself too vulnerable by entering into situations with too many unknown variables, etc.), it is her lesson to better herself.

Sure, people are dead as a result, but its incidental. She was not capable of acting in a rational manner, and inflicting punishment upon her for being in such a situation, in which another human being had attempted to violate her right to life and liberty, in a severe manner, would not be reasonable, nor would it better anything. The standard that you propose and that I agree with is ideal, and I personally have made it my path, but to think that most human beings, especially in those circumstances, should be held to it, is itself unreasonable. This standard needs to be promoted and aspired to, our race could certainly use an age of reason, yet, in terms of criminal liability, I think it is clear that this woman would not be liable.

By the way, I went to spell-check my post, to catch any of those tiny mistakes that sometimes make their way past one's conscious attention, and I noticed that you do not use apostrophes in your contractions. :shocked: :nono:


--------------------
:redpanda:
If I should die this very moment
I wouldn't fear
For I've never known completeness
Like being here
Wrapped in the warmth of you
Loving every breath of you

:heartpump: :bunnyhug: :yinyang:

:yinyang: :levitate: :earth: :levitate: :yinyang:

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Re: hypothetical ethical enigmas [Re: SneezingPenis]
    #7205849 -

Quote:
no, not really. When you are looking solely at choices that you have made and the direct results it created, you only need to go back to the first sequitur decision.
We could say that earlier that day, she chose to watch a movie, or go to McDonalds.... that choice had no bearing on future choices.



I'll tell you the argument I'm not making: that she made a choice early in the day which completely determined her actions in the drunken driving scenario. Much like the initial speed and angle of a projectile will determine its location at the end of its flight. I don't believe that.

She had free will all the way through. But the choices and actions she took were the best she could do, given her intelligence, skills, clarity of mind, and external circumstances. You could say that she made a stupid decision at moment X, but then you would have to artificially insert a new intellect or state of mind into that past moment which the decision rested on. If we don't ignore any aspects of the situation, it couldn't have happened any other way.

That is not to say that we don't have free will in the present.

Edited by Epigallo (07/21/07 09:35 PM)

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Re: hypothetical ethical enigmas [Re: Epigallo]
    #7205853 -

Click to edit your post and change the quick reply to the appropriate person, or I'll do it for you. :razz:

:grin: :wink:


--------------------
:redpanda:
If I should die this very moment
I wouldn't fear
For I've never known completeness
Like being here
Wrapped in the warmth of you
Loving every breath of you

:heartpump: :bunnyhug: :yinyang:

:yinyang: :levitate: :earth: :levitate: :yinyang:

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Re: hypothetical ethical enigmas [Re: fireworks_god]
    #7205914 -

fireworks_god said:
:razz:




:nutkick:

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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order


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