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Originally Posted by shakran
It's not illegal. No one is trying to arrest anyone, and the government isn't charging anyone with a crime.
Yakk, please don't misunderstand me. I'm not being rude, I'm being realistic.
Let's look at the bank robbery scenario again.
If you rob my bank you will be sent to jail to pay your debt to society.
If my great grandfather robbed your great grandfather's bank, but was never caught, and I had nothing to do with it, should I go to jail?
If you're going to tell me I have to make reparations to you for the money that I did not steal, then surely I have to make reparations to society for the debt my great grandfather incurred when he robbed that bank, therefore I should go to jail.
I'm sure you'll see this is ludicrous.
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Well, I don't believe going to jail pays any kind of debt. To pay a debt there must both be a benefit to the person who is owed -- there is none generated (other than good old revenge) from going to jail. Jail is a pure-cost thing.
Second, I am not proposing punishing the son. I am removing the benefit the son got from the father's crime, and using it to reimburse the harmed party. I would also propose the debt incurred would be a civil matter, and limited (at the extreme) by bankruptcy, if not earlier.
I rob a bank. I give the money to my son. I shoot myself. The money my son possesses is now beyond the reach of the law?
This is an extreme case, but I hope it demonstrates that if a line is to be drawn over which crime is wiped clean, it cannot be drawn at the death of the one who does harm.
I am uncomfortable with a legal/moral position that would make immoral/illegal acts for the benefit of your children, followed by suicide, a practical solution. It does fit with one view of capital punishment: anyone can kill a convicted murderer, if they serve the murderer's sentance. If you commit a crime solely for the benefit of your children, then die, your crime becomes 'justified'?
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At any rate I was thinking, aren't seeking reparation and the filing of civil cases against the government and private companies and parties, well for lack of a better word illegal? Seems to me this is the text book definition and application of ex post facto laws. Anyone got any idea on this?
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Good point! I don't know. =)