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think a bit more before you reply, please. or maybe read a bit closer and get the details before you type out a 500 word essay on why the justice system is bro
by naikrovek 4y ago
think a bit more before you reply, please. or maybe read a bit closer and get the details before you type out a 500 word essay on why the justice system is broken.
the court order is to get treatment according to doctors instructions, OR isolate.
isolation costs nothing.
what is worrying to me is that A) you just had this entire wall of text ready to go, it seems, waiting for somewhere to put it, and B) what the hell kind of a society do we live in where the society doesn't take care of its citizens, and how the hell do we view this as normal in the US?
in this case, it doesn't matter. she's got TB and doesn't want treatment for whatever reason. so you sit your ass down and you don't leave the house until you either die, miraculously are cured, or you change your mind about treatment.
- Maursault 4y agoMaybe you want to rethink your argument as something better than a string of ad hominem attacks. I'll give you a massive hint: any time you focus on the person, you are committing a fallacy and your reasoning is invalid and unsound. All that matters is what was said, not who was saying what. You're welcome to disagree with me, but you can only rationally argue such by speaking to the argument, not the man. The 8th Amendment reads, Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The issue here is that defense is expensive, which means it necessarily discriminates against anyone that can not afford $50K in attorneys fees, just for starters, so to protect one's 8th Amendment rights against excessive fines often costs more than the excessive fine itself.
- jrmg 4y agoWhat’s a solution to (or, I guess, outcome of) someone refusing to get treatment or isolate with a highly infectious disease that conforms to your ideology?
- Maursault 4y ago> She noted that the cost of treating drug-resistant TB can run $100,000 or more. My ideology is to not violate the patient's 5th and 8th Amendment rights. The government can pay for the treatment in the interests of public health rather than discriminate against her because she can't afford it. Though you wouldn't know it, being poor isn't a crime.
- jrmg 4y agoSorry, I assumed from your other responses that you were not okay with enforced treatment. Given how focused you were on the government not infringing rights, and how you were explicitly against enforcing isolation, I guess I assumed that carried over to not allowing the government to enforce medical treatment (even if it was free). I’m still unclear what you think should be done in this concrete case. I see a few options here: - Don’t enforce anything, allow the person to spread TB unrestricted. - Enforce isolation until death or recovery. - Enforce treatment until death or recovery (note though that if you were not to enforce isolation during treatment you’re allowing TB to spread during this time!) - Something else? Forgetting for a moment about payment, It sounds like you would be in favor of the third option? We can also discuss who should pay for the latter two (and I know the answer to that is not an isolated question - they go together). I would agree it should be the government - though I’m also for government-provided, taxpayer funded healthcare generally, which I suspect you are not - and would possibly consider its imposition as unconstitutional?
- naikrovek 4y agohe has no answer. dude is myopic.
- naikrovek 4y agothere's no fine! all she has to do is stay home and wait to die. why would she even want to be around other people, when she knows she has an extremely serious and contagious disease? she is a literal menace to society and that all but voids her individual rights to freedom from fines, punishment, or excessive bail. she had her chance to play according to the rules. she chose not to. now she must pay the penalties. if she infected anyone and they die from it, she must be treated, against her will or not, and then put in prison for an appropriate amount of time. you can't go around infecting others with tuberculosis and expect to keep your rights, no matter what "excessive" means to you. court opinion is valid and one does not get to say that legal precedent on interpretation of the bill of rights is invalid because you personally disagree with it. how's that? please think more. not everything is an attack against you.
- locustous 4y ago> isolation costs nothing. Seems to me that indeterminate isolation is a much steeper cost than mere money. > so you sit your ass down and you don't leave the house until you either die, miraculously are cured, or you change your mind about treatment. This is the pavement of the road to totalitarianism. What if the doctors are just... wrong?
- Maursault 4y ago> Seems to me that indeterminate isolation is a much steeper cost than mere money. I think you are correct, and that GP's solution violates the suspect's right of due process under the 5th Amendment, which is the source of an individual's right to freely travel within the borders of the US. Commonly known as the "travel right," it entails privacy and free domestic movement without governmental abridgment.
- naikrovek 4y agoyou do not get to travel free while carrying tuberculosis, and while turning down treatment. her rights do not extend to the point where she has the right to infect others with tuberculosis. common cold, sure, fine, it isn't especially dangerous. tuberculosis IS especially dangerous. her rights extend to the point where she impedes the rights of others, and no further. this means she can't walk around and spread tuberculosis because of "travel right". travel right is not applicable in certain situations and her situation is one of them. people do not have unabridgable rights. if you kill someone, and you are found guilty, you lose a lot of rights, including travel right. are you arguing that the 5th amendment applies to everyone, no matter what? that the 2nd amendment applies to everyone, no matter what? you violate the freedoms of others, you get your rights taken away. that's what judicial punishments are. if you are saying that you can go into a school and kill everyone then walk out and continue to exist freely with your 2nd and 5th amendment rights intact, you may be a sociopath. if you are not saying that, then state what you are saying more clearly, because it sounds like you want complete freedom for people who have tuberculosis and refuse treatment. spreading tuberculosis is potentially no different than shooting a bunch of people. it's just as lethal, but over a longer period. so if you're saying that she should be allowed to spread tuberculosis wherever she wants, and never be confined because of that, then it sounds like you think you're free to do anything you want to others without any changes to your own freedoms. if I'm wrong, please explain how I'm wrong.
- marcus0x62 4y ago> isolation costs nothing Isolation, absent treatment, for TB will cost you your life. Untreated TB will kill you.