Standing

[RealSkinny]

holipsism Wrote:

RealSkinny Wrote:Once we make this allowance, it's impossible to forbid the public to bring charges for violation of a public right in other instances. You want to claim the public had standing when someone gets murdered, but not when someone breaks a drug law. What's the difference? In either case, it's not the public that got injured, it was the victim, so what right does the public have to bring the action? If you allow it in one instance, how can you not allow it in both? That's like saying when it's a murder charge, the injury doesn't matter, but when it's a drug charge the injury makes all the difference in the world.

That's because it does. In a murder the non-aggression principle has been violated and the person actually took the life of another person. I don't think there is an argument about an injury, especially if the body is there as evidence. If we are talking about "the good of the whole" or a "public good" I can't imagine any person making the argument they want a murderer to go free with a dead body present or Corpus Delecti satisfied. In a drug charge, where is the injury specifically and how does a person smoking weed hurt the public good? Where is the Corpus Delecti? ???

Holip :frobro:

This is beyond what I was talking about. Our current legal system doesn't require an aggression principle for a crime. If you wanted to apply one, that would be interesting, but for purposes of discussing standing it's not really relevant.

As I mentioned in the previous post, Standing doesn't require an injury, but rather an injury that is sustained by the plaintiff/prosecutor. If the prosecutor is trying to charge a defendant with murder, they can't just show there has been an injury. They must show there is an injury against the State. At least this is all according to Marc. I personally believe the injury can also be satisfied by violation of a legal right as well. This makes perfect sense to me because we allow it in civil law, so if we're going to allow standing in criminal law at all, it must also come with the ability to satisfy the injury with violation of a legal right. And what is a crime if not a violation of a legal right created by the State?