Suppose you kill someone who is dying of a lethal disease. Maimonides concludes that that isn't really murder, since he would have died anyway—while pointing out that you have to be really sure he was dying of a lethal disease.
Now suppose someone who is dying of a lethal disease kills someone else. If, being a helpful sort, he commits the crime in the presence of the court, he has committed murder and can be convicted of doing so. If, however, he only commits the murder in the presence of witnesses, there is a problem.
Witnesses, in this case or others, might lie. In other cases, one thing discouraging them from perjury is that if it is discovered that their false testimony led to the execution of an innocent defendant, they will be found guilty of murder and themselves executed. But if their testimony leads to the execution of an innocent defendant who is himself dying of a lethal disease, they won't be executed, because killing someone who is dying of a lethal disease isn't murder.
Since the witnesses are not at risk of execution for perjury, they might commit it, so their testimony can not be trusted—cannot be taken as sufficient evidence to convict someone of murder. So if someone who is himself dying of a lethal disease commits murder, and doesn't do it in the presence of the court, he cannot be convicted.
There is a certain beautiful logic to this very screwy result.
Dit is toch wel raar te noemen, denk ik dan?
Geen opmerkingen:
Een reactie posten