Ninety5rpm said:And last I checked cheating in sport wasn't a crime anyway.
It is in France.
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Ninety5rpm said:And last I checked cheating in sport wasn't a crime anyway.
Ninety5rpm said:I'm of the firm belief that for a crime to exist there must be a victim who was harmed (accordingly, I'm opposed to so-called victim-less crime laws like prohibition of alcohol, drugs and prostitution). The harm must be real, whether physical or monetary, and caused by the accused for the accused to be guilty. Mental cruelty counts too, as does coercion backed by threat of harm.
So, assuming Armstrong is guilty, who are the victims and how exactly were they harmed?
SpartacusRox said:The slight but real problem in your argument is that there have been no victims because there has been no crime.
There has not even been an alleged crime yet in that there have been no charges laid against any individual or corporate body. If there has been maybe you could point me to them.
The 'hurt' as you put it, will just be your feelings once this runs its course.
Simeoni?? Get over it. You may as well start railing against Mark Renshaw for being nasty to Farrar by putting him into the railings or even better, Theo Boss for throwing Impey into the fence. Amazing how a spat between riders is totally blown out of proportion by you people.
LoveShack said:Mike Anderson
The first thing I ever read that gave me a chlling view into the "predator" mentality of LA. This testimony from 2005 would seem like "dry" reading at first, but it is anything but that. One gains real insight into LA's lack of compassion or even any awareness of having any, along with his Machiavellian world view and narcissism. When I first read this, it gave me chills and something about it just rings so true for this type of personality:
"Mike Anderson (from cozybeehive.blogspot.com): Mike Anderson was not only Armstrong's former team mechanic, the man also ran errands for him, maintained his kids toys and bicycles, did groceries for him and his family and performed other manual labor around the cyclists' home property in Dripping Springs. Being so close to Armstrong, you would think he would have an intimate knowledge of Lance's homely affairs, behind closed doors. And sure he did. One interesting account, of several, involved him discovering an unmistakable box of androgen in Lance's apartment bathroom. The friendship and written contracts between both parties quickly turned sour from then on. This court account gives the full details of another one of Armstrong's broken relationships."
Michael Anderson's Testimony
http://www.scribd.com/doc/24714560/Michael-Anderson-s-Testimony-On-Lance-Armstrong-Doping
Ninety5rpm said:Ah, the old the real world is more complicated than that (it is, isn't it?) dismissive excuse to ignore and not have to think about what the guy is saying.
buckwheat said:Give Novitzky a call.
FoxxyBrown1111 said:Jan Ullrich.
Even tough himself a doper, he lost at least 3 more sure TdF titles, fame and would be the greatest cyclist of all time. In return he got a real witch hunt in germany (Armstrong don´t even know a little bit of what a real witch hunt can be. He should be lucky to be born in the USA).
Quote Jef d'Hont: "In a clean peloton Jan would have won 10 tours. He is the biggest talent i saw in 40 years of cycling". Quote Pevenage: "We were no idiots. The change of Armstrong after his return from cancer was beyond belief. We knew immediately we had no choice (but to dope the same extrem way)".
Unlucky, Ullrichs body didn´t react to doping as well as Armstrongs. Call me cynical for that comment but not fanboy. Because i am not denying that Ullrich cheated to.
oldschoolnik said:As an attorney you're cool with what he did to Simeoni? It wasn't the "spat" part of it that was out of line it was the most powerful person in the sport at the time telling him he was not going to let him try and do what he os paid to do. It seemed (to me) that Lance was affecting his livelihood. You other examples are "Heat of the momment" - Lance was very pre-meditated.
I'd like to know what white-collar crimes you're thinking of that don't have victims. What comes to mind is embezzling, which clearly has a victim (the embezzled). The bank employee who conspires with his high school buddies to rob the bank is a white collar criminal guilty of a crime with a victim (the bank).Tubeless said:No offense, but this thread is not going anywhere. You're asking us to answer a semi-legal question about your sense how the legal system should work. There are many "victimless" crimes. Most white-collar crimes fit your description. What most of us want to happen, is for the truth to come out. Then there's a process to see whether there were any laws broken. That's where the process is at now it seems.Ninety5rpm said:Good question.
Coercion is when someone is forced to comply against his own wishes by being physically harmed, or threatened to be harmed, if he does not comply.
If no rights to himself or property are being violated or threatened to be violated, then he is not being coerced.
a) If your boss says "clean the toilets for 16 hours or I'll fire you", that's not coercion.
b) If your boss says "clean the toilets for 16 hours or I'll fire this gun at your head", that is coercion.
The difference is that in (a) you can make a choice in which no rights of yours are violated. In (b) you're not given any such choice.
Now,
c) If your boss says "clean the toilets for 16 hours or I won't pay you for the work you did for the last two weeks", that's not coercion, but it is theft (and thus a crime) if he indeed does not pay you.
If you really want to look for true victims, I'd suggest any pro biker who wanted to succeed clean, but could not due in part of the omerta uber-boss LA.
Just because there are extreme examples, and those are good ones, does not invalidate what I'm saying at all.Alpe d'Huez said:What about counterfeiting? (Not laundering, just the counterfeiting - duplication of money). Or FDIC robbery? When looked at within the context of the big picture, it's almost harmless. The money not recovered is just absorbed by the national debt. And considering that amount is so astronomically high, $250,000 fraud is a drop in the ocean of a tab that will never be paid off, and the government doesn't make any effort to take it seriously anyway, it's basically victimless.
Okay, now the thread really is pointless.
Okay, but to what did Anderson have a right that Armstrong denied such that Anderson was a victim? Did Armstrong harm him physically? Did he steal from him? Even just in a breach of contract? Where is the crime? Where is the victim? Narcissism and breaking relationships is not a crime.LoveShack said:Mike Anderson
The first thing I ever read that gave me a chlling view into the "predator" mentality of LA. This testimony from 2005 would seem like "dry" reading at first, but it is anything but that. One gains real insight into LA's lack of compassion or even any awareness of having any, along with his Machiavellian world view and narcissism. When I first read this, it gave me chills and something about it just rings so true for this type of personality:
"Mike Anderson (from cozybeehive.blogspot.com): Mike Anderson was not only Armstrong's former team mechanic, the man also ran errands for him, maintained his kids toys and bicycles, did groceries for him and his family and performed other manual labor around the cyclists' home property in Dripping Springs. Being so close to Armstrong, you would think he would have an intimate knowledge of Lance's homely affairs, behind closed doors. And sure he did. One interesting account, of several, involved him discovering an unmistakable box of androgen in Lance's apartment bathroom. The friendship and written contracts between both parties quickly turned sour from then on. This court account gives the full details of another one of Armstrong's broken relationships."
Michael Anderson's Testimony
http://www.scribd.com/doc/24714560/Michael-Anderson-s-Testimony-On-Lance-Armstrong-Doping
Which might be sad must is not a crime, nor is one who is bought and then disposed a victim whose rights have been violated.Oldman said:Reading it pretty much confirms what friends/teammates have seen from early days to USPS. It's not that chilling because it is a shared mentality by many pros and active managers of the sport. Everyone is buyable and disposable.
I agree the culture of doping is real and many good talents are walking away.jimmypop said:Not really, I just think you're a f*cktard trying to rationalize doping on some meta-level that us plebeians just can't comprehend. Also, I should mention that you should wait to see what he's charged with before you seed a debate on whether or not his charges can be thought to have tangible negative outcomes.
And, since you see prostitution as a victimless crime, it's no wonder that you see the follies of Lance as "no harm, no foul" as well. The culture of doping is real, and I think anyone familiar with domestic U.S. cycling can name a few young talents who walked away from the sport as soon as DSes articulated what "extra preparation" really meant. I won't dirty your ineffective semantic argument on coercion any more than you already have, but it's safe to say that you'd do well to take some cursory introductory courses in philosophy and hermeneutics. Sometimes, it isn't even worth showing up to the debate, even given that it gives critics the window to say, "See, they won't even argue with us our arguments are so good! lolers!@!!!!". This is one of those cases.
Finally, as a human, I believe in emotional harm. The emotional harm caused by giving false hope, and then setting up a fourth-rate foundation to solicit actual funds. Though this harm isn't "tangible" in any Randian sense of the word, it sure as *** matters when you take into account the fact that we're not a species of self-replicating robots.
Ninety5rpm said:Okay, but to what did Anderson have a right that Armstrong denied such that Anderson was a victim? Did Armstrong harm him physically? Did he steal from him? Even just in a breach of contract? Where is the crime? Where is the victim? Narcissism and breaking relationships is not a crime.
patricknd said:ullrich's problem was how his body reacted to chocolate and sausage
Ninety5rpm said:I like the Ullrich answer, and I agree he was a victim of Armstong in some sense of the word, but I don't see a legal case there. That is, I don't see him going to the police to claim he was legally wronged, that he's a victim in the eyes of the law. Our legal/sports systems are not connected like that.
carl spackler said:It is clear from this thread that quite a few people disagree with you about the nature of crime.
It seems to me you have some kind of libertarian, property rights are the most important thing, view of the world. Real libertarians will tell you in order for someone to have a right to property, that property must have been obtained fairly and honestly.
I wonder what is your view on taxes, does that equate to "theft of labor" and so forth. If so, hasn't Armstrong "stolen labor" from Anderson. Wouldn't you say he has effectively "enslaved him"? But maybe you think thats ok too, as long as there is no overt threat of physical violence.
Maybe you should get a job on Wall Street, if you dont already have one.
D.27 (Note: not the entire section)
• The conduct of Lance Armstrong and Luke David was also extreme and outrageous because Lance Armstrong and Luke David fired Anderson, not for cause, but because Anderson would not support and approve of Lance Armstrong's use of illegal, banned substances, because Armstrong suspected that Anderson knew he (Armstrong) was using illegal, banned substances as a way of cheating in professional cycling events and was avoiding random drug testing, and because Armstrong intended to terminate Anderson in a way and with timing that would force Anderson to sign a hush agreement that would keep Anderson from ever telling anyone about the evidence Anderson had that Armstrong had used or was using illegal, banned substances as a way of cheating in professional cycling events.
• The conduct of Lance Armstrong and Luke David was also extreme and outrageous because Armstrong followed the termination of Anderson with threats and bullying toward Anderson, including but not limited to his false statements to Anderson and Allison, designed to make Anderson and Allison fear for the security of themselves and their family, that Anderson had stolen from Armstrong, his threats to Armstrong and his family, and his efforts to discredit Anderson in the media.
• The conduct of Lance Armstrong and Luke David was also extreme and outrageous because Armstrong's threats, bullying tactics and character assassination toward Anderson are part of Lance Armstrong's modus operandi.
• The conduct of Lance Armstrong and Luke David was also extreme and outrageous because Anderson followed the termination with persistent and oppressive efforts, including threats to Anderson and his family and slander, to force Anderson to sign a "hush agreement" or to discredit him in the event that he failed to sign the hush agreement and told the public about his knowledge of Lance Armstrong's illegal drug use and Armstrong's effort to avoid random testing for drug use.
• The conduct of Lance Armstrong and Luke David was also extreme and outrageous because it was part of a deliberate effort by this group of wrongdoers to insure that Lance Armstrong wins at the Tour de France, cheating for profit, with the use of banned substances, while professing that Armstrong does not use any banned substances, while holding out Lance Armstrong as a hero and role model, and to silence or discredit those who may expose this scheme, an evil, oppressive and dishonest scheme that equals the greatest scandal in sports history.
E.50. Armstrong and Luke David LLC's conduct was extreme and outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, as to be regarded as atrocious and utterly intolerable in a civilized community.
Tim_sleepless said:This is the problem with this whole thread... you posited a rather simplistic view of what you believe should make things a crime, that is "victimhood" (subsquently amended to include risk or potential of victimhood), however when presented with examples of victimhood which aren't necessarily crimes today, you then revert back to the existing legal system which is not based on your "there must be a victim" philosophy.
You can't have it both ways... either victimhood should be "wrong" in your moral universe, or "illegal" should be wrong, regardless of whether a clear victim can be identified.
The Hitch said:they would probably benefit more than suffer from that.
Back to the topic. its a good question. If you subscribe to negative liberty, there is no link between the crime and the victim, as Lance is not forcing anyone else to dope, and is just harming himself.
Still there are laws to stop this because if doping was allowed, lots of people would kill themselves doing it, so he has broken the law.
Perhaps you could say that Simeoni was a victim - not allowed to race the giro, because of Lance. But thats more Lance being a d**k than because Lance was doping.
Ninety5rpm said:Now,
c) If your boss says "clean the toilets for 16 hours or I won't pay you for the work you did for the last two weeks", that's not coercion, but it is theft (and thus a crime) if he indeed does not pay you.
SpartacusRox said:The slight but real problem ...[here] ... is that there have been no victims because there has been no crime.
There has not even been an alleged crime yet in that there have been no charges laid against any individual or corporate body. If there has been maybe you could point me to them.