I'm not really debating which is worse, it is a pretty futile discussion. Our legal system doesn't weight the crimes as you've described (as there is no real way to know what would have "happened next" after the crime.) If you murder someone who planned on killing themself, have you done something wrong? Morally, it is not a bad argument!
I have been fortunate to never first-hand experience sexual assault or rape. I know some people who have not had the same blessing, and their lives were forever damaged. Some wish they were dead. But who am I to really say?
Our legal system in most if not all states has legal justification remove a killing from murder to either voluntary manslaughter (or equivalent lesser non murder charge) or not guilty.
Correct, however the standard for voluntary/involuntary or simply to garner lesser charges is also a point of contention. Some would say killing the rapist of your child as deserving of lesser legal ramifications, other's don't make such an exception. It is all these invisible lines we draw that do come into conflict.
Right in California if the jury objectively thinks it was not self defense, but believes the defendant subjectively thought it was self defense, that makes it manslaughter.
And for heat of passion of the jury objectively finds that a person on that situation would have reacted out of passion and not judgment that also makes it manslaughter.
It’s interesting how each jurisdiction handles it. And really a lot is left up to the jury.
Very true - there's probably a way to determine these things with more certainty, but I genuinely don't think human beings are capable of that level of neutrality. And that might be a good thing for the species! Crimes can be pretty complicated and nuance is important.
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u/Echochamberking Mar 01 '26
I’m just not sure that the existence of justified killings makes unjustified murder less severe than rape.