Legal Question in Criminal Law in California
Human?
A guy I know insists that 'people who commit murder and imprisoned for it lose their right to be called human'.
I say that's bull yet he won't budge.....can you give me an informed answer and let me put this to bed once and for all?
2 Answers from Attorneys
Re: Human?
Ask a question with more facts, and you might get a more informed answer.
Re: Human?
Technically, whether someone is human is a question of biology and not of law. The law presumes (correctly, in biological terms) that we are all human and neither grants anyone the right to be called human nor provides any mechanism by which such a right could be taken away.
Your friend probably means that a murderer disavows the morality by which the rest of us live and should not be allowed to claim membership in human society. Reasonable people can disagree about this point, but it is not one which the law can resolve.
I note, however, that many murderers are eventually released from prison. This fact suggests that our society has not taken a position as extreme as your friend's.
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