Comments by "Oblithian" (@Oblithian) on "Nate The Lawyer" channel.

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  119. Equity is "both fair and just" that's what people actually mean when saying equality. That is how the systems were being designed (granted the US always lags in social change). But these days that word is being misused to actually mean equal (or more than) outcome and not equal opportunity. The 'pay gap' has been proven broadly false, another misrepresentation by hyperbolic 'news' (of course with specific exceptions that need to be addressed). In other words they are arguing things like this deal are equity, when in reality they are objectively, equal outcome or better. For example, something we would take as fair and just is if two people are offered half the apples they pick in a day. If one person slacks off they would get less, and that seems both fair and just. Correct? Now imagine, person A picks one apple, and relaxes in the sun, but by the time person B returns at sundown person A is hungry again and sees a massive pile that person B is taking home. They then demand half of those apples as they both spent the day 'picking apples', if they get them that is equal, but it is neither fair nor just. Now if instead of effort the factor was skill. Say person A&B built widgets for the same amount of time every day. Person A has a lot of practice and can make 300 in a day; person B is new and only managed 50. If they were paid the same that is equal outcome again right? But it's not fair and just (unless society ignorantly decides that equal outcome is fair and just arbitrarily, like altering a definition. Then by assignment it would be regarded that way and fiercely upheld as the 'norm', but it would still remain measurably unreasonable.). Because what it does is make a citizen, by law based on a trait at birth, in a position of objectively greater advantage because if that person tries as hard as the others they will always come out on top (unless by illegal act, like theft, or real discrimination. Which should be litigated). That is exactly the opposite of an egalitarian society and NOT what we desire or had been working for. Regardless of what group benefits from that elevated status.
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  196. Look, no matter where you land this was a tragedy, fluke no, but unfortunate at every angle. From this part of the world, every time we see an American cop pull out a gun immediately, we aren't surprised "mr. cowboy" shoots someone (that is the common term). Now, by the laws of the state it seems lawful and may not have even been intentional. But here, you don't pull out a gun for shoplifting, you don't do assault with a deadly weapon to get someone out of the car, you talk to people. You maybe smash a window and drag them out if they are excessively beligerant. The police would have first blocked her departure with a squad car, before the confrontation. Things are just handled very differently start to finish. We have very few police shootings and even fewer police deaths. There's a time and a place, grab the plate, follow her home, wait for her to return and have handcuffs waiting outside the store whatever the protocol may be. When you waggle a gun in someone's face they are likely to be shot, not just if they don't comply. Now, again, assuming she had stolen something she shouldn't have tried to drive through the officer. But this anti-police rhetoric is creating these situations. People get told not to cooperate, and I can barely blame them for wanting to run when they think all cops are racist murderers. But If the cop fell wrong he could have died been crippled, who knows. So he has a right to self defense. Could he have gotten out of the way, yes. But the law of the land is the only authority in a civilized society.
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  204. If we get right down to it the conclusion, as inconvenient as it becomes, for the ethical standard will inevitably be that upon becoming a genetically separate lifeform, it has rights. Now expressing and limiting the rights is where you get into the mud, especially because the US is a society of individualism and a fetus or zygote is completely dependent. Regardless, as with children they are given no say and therefore require protections (but no protection should be infinite). Just as a father currently has inescapable responsibilities to their offspring. Steps can be taken safely to find an alternate host (or stored while waiting) before a certain stage. Like with anything else, after that stage there should be responsibility for not dealing with the matter in a timely manner (and getting into the situation to begin with, if voluntary). If you don't transfer the pregnancy before doing so becomes a matter of life and death for the unrepresented party, you should have an obligation to deliver it (though not to raise it. A government system should be in place for that). If in the event of a complication, requiring a decision to save one or the other, the default should be that the party with the highest survivability should be saved (unless self-sacrifice was explicitly stated by the party with capacity beforehand). No matter the circumstances of conception the unborn is innocent in this, and its life is inarguably fully affected in the handling of these matters. The arguments against which are equally applicable to a fully dependent infant, the only difference is, we see them and can feel more empathy. Other options exist and whenever they can be done safely then they should be. Inconvenience is never a good excuse for denial of rights. One may have other opinions, and that is fine at the end of the day it is the most popular opinion that gets adopted and not merely my own. But I do seriously believe that this is how things will conclusively be done be it in our lifetime or in another few generations.
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  355. So, while I assume your assessment under the law is likely correct, I would not be able to agree about the comparison you make for 2 reasons. 1. In your example, there is no realistic possibility of the gun being real, loaded, and with a round chambered. Where as, in this case she knew she had both a gun and a taser. The risk of drawing the wrong one was always there. Further, she has a duty to take the care needed to avoid such mistakes. 2. She intended to use potentially deadly force which is a reality with both rather than absolutely no intent to harm (or possibility of death). Granted the differences in risk of death are substantially different between a taser and pistol. Now, you have also said, that would be justified by the law in this case also. In that case merely unintentionally grabbing the wrong one is the only wrong doing and doesn't change that the more severe action is justified. I don't suspect she got a lighter sentence than the other police officer because of race. Most likely it was because of the significant contextual differences. However, if there was bias, it would be more probable that it be based on the fact she was a woman (which is supposedly a thing that happens often). I think we need to be training officers and changing procedures to better handle situations (in a way that reduces risk of mistakes and the necessity of shooting suspects). Not only for the sake of the public, suspects, and criminals, but obviously for officers as well. Even if they don't get punished, no one wants to have a situation like Al Powell.
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  772. Ok seeing the video you have to consider the situation. There was an active riot, where people were known to be killed and seriously injured, that alone should be considered an iminate threat. But he chose to be there for 'allegedly' the defense of others. Now he was being chased by a violent mob, several of whom were armed, and there was no way of knowing of the others were also. It doesn't matter if in a split second they were facing a different direction they were still a threat and if he was not aggressive he would have to risk likely harm or death to discover that. After firing his weapon, an angry mob tends to feel even more justified in an attack. The attempt to disarm him after such violence could only be interpreted by a reasonable person in that situation, to be further threat (especially if that weapon would then be used against themself). But regardless, the situation, until resolved was an ongoing threat, if he needed to fire his gun to keep it so that he can prevent being killed by another armed individual. Note he didn't (despite the threat) fire on the person with a blunt instrument, or the man whose hands were in the air. (Also note the photo or convenient still) was of the man in the tan shorts did not drop his weapon or keep his hands up. I don't know if he had fired at him previously, that would be important. He also shot at his arm (perhaps in an intent to disarm, depending on testimony). 17:41 the frame where he is getting behind Rittenhouse, He has regained a firing grip and appears to have his finger on the trigger.
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