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Old Tue Jan 29, 2002, 10:52pm
Mark Dexter Mark Dexter is offline
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Join Date: Aug 1999
Posts: 4,801
Crew, consider this situation:

In the country of Elbonia, murder is defined as killing someone by shooting them with a gun. Homicide is defined as killing someone by stabbing. The law also states that judges can impose penalties for acts which are contrary to the spirit of the law, but which are not covered in the law. You are the judge in a case where A1 has killed B1.

In case (A), A1 kills B1 with a rock. Here you might be able to go for murder - although a shrewd lawyer can argue that murder is killing someone with a gun, drive-by rockings are not defined, so the judge has liberty to decide.

In case (B), A1 kills B1 by stabbing, but it is a very gruesome killing. The judge decides to give the sentence of murder - this would be incorrect because both murder and the act that was comitted are very well defined.

In basketball, BI is a, b, c (and in NCAA d). A technical foul results from e, f, g, h, i, j . . .

If someone commits h, you're going to apply the penalty for a, b, or c?
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