1. Should adultery be a punishable crime with men and women? If so who should be punished since it takes two to tango so to speak.
No, adultery is not a criminal matter, nor should it be. It is a personal matter, a moral matter and, for those who are religious (such as I am), a religous matter. Those who think that it should be a criminal matter are a) radical Islamic groups like the Taliban (and the governments of certain 'legitimate' states, such as certain Nigerian local governments) and b) right wing Christian extremists, such as the ones who think the Ten Commandments appropriately set forth the criminal and civil state law, as opposed to setting forth a moral code for those who believe.
2. Should a mother or father who murders a spouse be able to get custody of their children?
Generally no, but it is not inconceivable. What must be remembered is that custody decisions are made in the best interests of the child. At law (Canadian law at least, but I think the same principle is used in most US jurisdictions) the custody decision is in no way intended to punish or reward any parent. It is the best interests of the child that matter. Generally, one would think that it is not in the best interests of a child to be brought up by a murderer, but this might not always be the case. Someone who has previously shown themselves to be a good parent, and who commits a crime in a heat of passion, might not necessarily be permanently disqualified from parenting.
I am surprised, however, that custody - even joint custody - was granted while the woman is in prison. I question how this custody can be appropriately and meaningfully exercised while she is in prison. While I can see how it could very well be that maintaining contact with the mother would be in the bests interests of the children, I would think that visitation, not custody, would likely be more appropriate.
3. Should anyone be advocating the murder of someone, male or female, who has not been convicted of a crime even when we don't like their private personal sexual behavior?
No. The opinion in that column was quite shocking.
No I saw that one. Since it involves custody the flaws likely involved procedural matters and not matters regarding the parties and their ability to parent.
Correct. My point was that the judge decided that the original ruling was incorrect regardless of the reason. But, the outcome is a rethinking based on current potential realities.
Quote:
Originally posted by trumptman
I think you are being a bit slippery here. Obviously she was granted joint custody while currently in jail. I don't think it will really matter who has custody when she gets out since she has a minimum 20 year sentence from what I understand.
Could you address this matter in the context of today instead of 20 years from now please.
Your original question stated that it was separate from the current context.
But, as long as you ask, I'll say that it's still up to the judge to decide. Should a single person be given custody while they're in prison? No, probably not. But these circumstances are decidedly different.
Comments
No, adultery is not a criminal matter, nor should it be. It is a personal matter, a moral matter and, for those who are religious (such as I am), a religous matter. Those who think that it should be a criminal matter are a) radical Islamic groups like the Taliban (and the governments of certain 'legitimate' states, such as certain Nigerian local governments) and b) right wing Christian extremists, such as the ones who think the Ten Commandments appropriately set forth the criminal and civil state law, as opposed to setting forth a moral code for those who believe.
2. Should a mother or father who murders a spouse be able to get custody of their children?
Generally no, but it is not inconceivable. What must be remembered is that custody decisions are made in the best interests of the child. At law (Canadian law at least, but I think the same principle is used in most US jurisdictions) the custody decision is in no way intended to punish or reward any parent. It is the best interests of the child that matter. Generally, one would think that it is not in the best interests of a child to be brought up by a murderer, but this might not always be the case. Someone who has previously shown themselves to be a good parent, and who commits a crime in a heat of passion, might not necessarily be permanently disqualified from parenting.
I am surprised, however, that custody - even joint custody - was granted while the woman is in prison. I question how this custody can be appropriately and meaningfully exercised while she is in prison. While I can see how it could very well be that maintaining contact with the mother would be in the bests interests of the children, I would think that visitation, not custody, would likely be more appropriate.
3. Should anyone be advocating the murder of someone, male or female, who has not been convicted of a crime even when we don't like their private personal sexual behavior?
No. The opinion in that column was quite shocking.
Originally posted by trumptman
No I saw that one. Since it involves custody the flaws likely involved procedural matters and not matters regarding the parties and their ability to parent.
Correct. My point was that the judge decided that the original ruling was incorrect regardless of the reason. But, the outcome is a rethinking based on current potential realities.
Originally posted by trumptman
I think you are being a bit slippery here. Obviously she was granted joint custody while currently in jail. I don't think it will really matter who has custody when she gets out since she has a minimum 20 year sentence from what I understand.
Could you address this matter in the context of today instead of 20 years from now please.
Your original question stated that it was separate from the current context.
But, as long as you ask, I'll say that it's still up to the judge to decide. Should a single person be given custody while they're in prison? No, probably not. But these circumstances are decidedly different.