Should those that try black magic to kill someone, be charged with attempted murder?

[Product Placement]

If someone truly believes in black magic and uses it to put a death curse on someone should they be charged with attempted murder?

 

[DerKryptid]

Yes and they should also be charged with faggotry

 

[Tism the Return]

But how would you know?

 

[Lost Soul]

Tie a large rock to them and have them sink to the bottom of water.
If they survive and are a real witch, we can go from there.

 

[Solid Snek]

While this is assuredly a shitpost, the answer is that it has to be a credible threat or a credible method in order to count. That's why threatening to blow up your neighbors house with your orbital death ray from Jupiter is not illegal.

It's not a threat, though. The witch made a genuine attempt to use black magic. And while you may not personally regard magic as a "credible" method of killing somebody, that does not mean the witch, the victim, or the court, feels the same.

I think we'd have to find out where this witch lives, and look at the relevant law.

(but as a matter of principle, if we're asking what I believe SHOULD happen - then yes, a witch who believes in black magic, and uses a death curse with the intent to kill people, should absolutely be liable for attempted murder)

 

[Bongocat]

It's not a threat, though. The witch made a genuine attempt to use black magic. And while you may not personally regard magic as a "credible" method of killing somebody, that does not mean the witch, the victim, or the court, feels the same.

I think we'd have to find out where this witch lives, and look at the relevant law.

(but as a matter of principle, if we're asking what I believe SHOULD happen - then yes, a witch who believes in black magic, and uses a death curse with the intent to kill people, should absolutely be liable for attempted murder)

It would ultimately depend on the court as to what's credible, yes, but I refuse to believe there is any first world judge or DA that would consider sitting in your room saying "ooga booga" to be attempted murder.

Maybe in some African jungle somewhere, that's the case.

 

[Solid Snek]

It would ultimately depend on the court as to what's credible, yes, but I refuse to believe there is any first world judge or DA that would consider sitting in your room saying "ooga booga" to be attempted murder.

Maybe in some African jungle somewhere, that's the case.

That's a very white, Eurocentric viewpoint. Today is the year we are currently in. I could definitely imagine a judge in the "first world" ruling that ooga booga is a credible method of killing people. To not do so would be textbook racism, and would violate the human rights of those indigenous people who DO believe in black magic.

And anyway, the legal argument is only part of the question. Like I said, on principle - that is, ethically and philosophically, leaving aside any specific consideration of law - it's clear that the witch in this hypothetical had both the will and desire to kill another person, and acted on what he believed was a method of accomplishing that goal. On an ethical level, there can be no argument; it was attempted murder.

 

[Apochrypha]

Magic isn't real faggot.