21. Think for example of this analogy, a person who kills for money, e.g., during a robbery, or as an organized crime hitman being paid a fee to kill someone perhaps otherwise unknown to the individual. Do we ever for a moment think that the money motive REFUTES the unlawful intent? Of course not. The money motive PROVES the unlawful intent. The money motive is involved in causing the intentional behavior. Think of motive as subjective. Intent is objective; the consequences objectively occur as "natural and probable consequences." This objective methodology is how intent is proven in court. "Intent" refers to the objective natural and probable consequences. "A person [company] is presumed to intend the natural and probable consequences of his [its] voluntary acts." Black's Law Dict, supra, p 1185.

         22. According to the above-cited expert, Elizabeth M. Whelan, "Cigarette Makers Get Away With Murder," The Detroit News, p 4B (14 March 1993). Is she correct? Notice the definition of the term. "Murder" is defined as

"the unlawful killing of a human being . . . with malice aforethought . . . All murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing . . . [is] murder of the first degree." Black's Law Dict, supra, p 1019.

Note also the definition of "weapon," "An instrument of offensive or defensive combat, or anything used, or designed to be used, in destroying, defeating or injuring a person."--Black's Law Dict, supra, p 1429. Toxic chemicals, poisons, such as those in Toxic Tobacco Smoke have a long record of being used as weapons.

"The defendant was charged with the duty to see to it that . . . life was not endangered; and it is apparent he could have performed that duty . . . " [And] "To constitute murder, there must be means to relieve and wilfulness in withholding relief." Stehr v State, 92 Neb 755; 138 NW 676, 678 (1913) (a case involving a child); Commonwea1th v Hughes, 468 Pa 562, 364 A2d 306 (1976) (a case involving employees, firemen).

         25. Cigarettes' TTS involve poisons, e.g., acetaldehyde, arsenic, benzo(a)pyrene, cadmium, coumarin, crotonaldehyde, chromium, ethylcarbamate, formaldehyde, hydrazine, lead, nickel and radioactive polonium. The toxic chemicals produce emissions above legal limits, acetaldehyde (3,200 ppm vs 200 ppm); acrolein (150 vs 0.5 ppm), ammonia (300 vs 150 ppm, carbon monoxide (42,000 vs 100 ppm), formaldehyde (30 vs 5 ppm), hydrogen cyanide (1,600 vs 10 ppm), hydrogen sulfide (40 vs 20 ppm), methyl chloride (1,200 vs 100 ppm), and nitrogen dioxide (250 vs 5 ppm). (Data from Surgeon General Reports, 1964, p 60, and 1989, pp 86-87, see TCPG's analysis in this context). Also available is a listing of all Surgeon General Reports, 1964-2002.

         26. "Poison is a dangerous subject. Gunpowder is the same. A torpedo is a dangerous instrument as is a spring gun, a loaded rifle or the like. They are instruments and articles in their nature calculated to do injury to mankind, and generally intended to accomplish that purpose. They are essentially, and in their elements, instruments of danger." Loop v Litchfield, 42 NY (3 Hand) 351, 359 (1870). Notice the key point, poison is "calculated" and "intended" to injure "mankind," i.e., the "universal malice" concept.

         27. Here is a definition of the word "toxic": from "Latin, toxicum, Greek, toxikon," meaning "Poisonous; having the character or producing the effects of a poison; referable to a poison; produced by or resulting from a poison.'" Black's Law Dictionary, 6th ed, p 1492. By 1836, it was already well-established "that thousands and tens of thousands die of diseases of the lungs generally brought on by tobacco smoking. . . . How is it possible to be otherwise? Tobacco is a poison. A man will die of an infusion of tobacco as of a shot through the head."—Samuel Green, New England Almanack and Farmer's Friend (1836).

         28. Engineering and medical analyses of the chemicals involved led to a regulation, 29 CFR § 1910.1000, setting "speed limits" (so to speak, the official term is "Threshold Limit Value" or TLV) above which exceeding them is foreseeably dangerous. The synergistic effect of the chemical combination in TTS is reported to lead to 37,000,000 U.S. deaths. See Dept of Health, Educ, and Welfare, National Institute on Drug Abuse (NIDA) Research on Smoking Behavior, Research Monograph 17, DHEW Pub No. ADM 78-581, Foreword, p v (Dec 1978).

         29. This TTS-caused death number is at the holocaust level. The Royal College of Physicians, Smoking and Health Now (London: Pitman Medical and Scientific Publishing Co, Ltd, 1971), p 9, called the cigarette death rate a "holocaust" due to the then "annual death toll of some 27,500." This high a TTS death toll is not "accidental" but "premeditated." "Premeditation" means "thought of beforehand for any length of time, however short." See Black's Law Dictionary, supra, p 1180.

         30. This TTS-caused casualty rate is above what is ever foreseeable from any other "ultrahazardous activity" as that term is discussed by the U.S. Supreme Court in the case of Laird v Nelms, 406 US 797; 92 S Ct 1899; 32 L Ed 2d 499 (1972). There, sonic booms and dynamite blasting are discussed in context of "ultrahazardous activity." Each produces a spreading effect. Cigarettes do that via fires and via their toxic chemicals, superheated, moving at high speed. In contrast to sonic booms and dynamite blasting, which kill essentially nobody, cigarettes' TTS kill 37,000,000 in the U.S. alone, and constitute a "holocaust." The subject at issue concerning which we are noting legal definitions, is the most "ultrahazardous activity" on earth.

         31. This is clearly so in context of other "ultrahazardous activity" cases, which often involve enclosed substances which thereafter escape and cause harm typically to one or few people or items (in contrast to TTS which is not enclosed and its danger is due to its excessiveness as spewed about, and the fatal impact involves millions). Below are pertinent cases:

         33. TTS causes Increased Risk of Death. See Metro North Commuter Railroad Co v Buckley, 521 US 438; 117 S Ct 2113; 137 L Ed 2d 661 (23 June 1997). This case was on a lawsuit by a 15 year smoker. It alleged that re asbestos, "the exposure created an added risk of death due to cancer, or to other asbestos related diseases of either 1% to 5% (in the view of one of plaintiff's experts), or 1% to 3% (in the view of another)." Note that cigarettes are such that 37,000,000, 1/6 of the total U.S. population, is killed thereby!-a genuinely significant increase!!). Your being exposed to TTS increases your risk of death, even if the exposure is only briefly as in the case of children, increasing, for example, the risk of SIDS, i.e., immediate death. (Rum River Lumber Co v State, 282 NW2d 882 (Minn, 1979) says, it is not necessary "that the specific conduct . . . must be foreseeable. It is sufficient . . . that the . . . risk of harm . . . be foreseeable." Perpetrator “ignorance of [e.g.] the victim's poor condition is immaterial,” Kasieta v State, 62 Wis 2d 564, 570-571; 215 NW2d 412, 415-416 (1974).)

         34. Tobacco products have no label identifying effects. This brings TTS issues squarely within classic poisoning case law, e.g., "rape drug" case law such as People v Carmichael, 5 Mich 10; 71 Am Dec 769 (1858), which provides life in prison for providing a person a mind-altering substance that influences judgment. Even if there were consent, which there is not, the law bans deaths via such means as herein described.

         35. This is especially so as cigarettes' toxic chemicals, TTS, like the "rape drug" in Carmichael, cause brain injury such as hemmorhaging leading to abulia, a "state of dethronement of reason from its governing power," Carmichael, 5 Mich 21, e.g., an "abnormal lack of ability to act or to make decisions," Webster's Seventh New Collegiate Dictionary (Springfield: G. & C. Merriam Co, Publishers, 1972), p 4. This "dethronement of reason" is commonly evident in, for example, prostitutes. Additionally, there is a link to crime via smoker mothers.

         36. Tobacco's TTS effect may be deemed comparable to that of the "rape drug," causing a specific impairment/effect. (The lay term for tobacco's brain-injuring effect is "addiction," but this term seriously understates the actual extent and nature of the brain injury. One way to comprehend the real extent of it, is by thinking of "cerebral palsy," a condition the symptoms of which in some victims go to the extreme of inability to control motor impulses. Tobacco-induced abulia likewise impairs ethical controls to the extent of motor impulses being affected, e.g., willingness to ingest poison, and the commission of drunk driving and other crimes. Sane people don't typically voluntarily ingest fatal levels of poison, indeed, it is a typical reaction is to seek criminal prosecution for mere attempts to poison! But many smokers are so victimized by tobacco, the original "rape drug," so abulic from tobacco, that they don't perceive the hazard: "Most smokers do not view themselves at increased risk of heart disease or cancer," Ayanian, et al., supra. This inability to comprehend also connotes acalculia, inability to do simple mathematical calculations.

         37. Smokers' Rights. MCL § 750.27, MSA § 28.216, and the above definitions, protect smokers from being discriminated against by tobacco companies and their accessories (e.g., distributors/sellers). Smokers are the only group of people regularly provided a deleterious and adulterated product that kills when used as manufacturers intend it to be used. The law thus functions as both a smokers' and nonsmokers' rights law. The latter's objections to smoking arise from its deleterious TTS emissions, which if smokers' rights to a safe product were being respected, would not occur.

          42. The Duty of Aid is applicable when people are being injured by TTS. "A tortfeasor has a duty to assist his victim. The initial injury creates a duty of aid and the breach of the duty is an independent tort. See Restatement (Second) of Torts, § 322, Comment c (1965)." Taylor v Meirick, 712 F2d 1112, 1117 (CA 7, 1983).

         44. "Balancing the equities" is a term you may hear. Laymen claim that smokers and nonsmokers' rights must be "balanced." Such assertions are almost invariably out of legal context, apart from the legal principles, thus accessory to the "universal malice." There are many pertinent court precedents. The concept is stated thus: sic utere tuo ut alienum non lædas" (everyone must use his own property so as not to injure that of his neighbor). The duty to do no harm, i.e., your right to safety, is "absolute." Wheatley v Chrisman, 24 Pa St 298, 301-2 (21 May 1855). And see our 'pure air' site for details and precedents .

         48. The Michigan cigarette ban law MCL § 750.27, MSA § 28.216, and the above definitions, refute those who allege that the best way to prevent kids smoking is, while themselves smoking, telling kids --"do as I say, not as I do." The reality is, as Michigan knew in 1909, that kids (while susceptible to being deceived otherwise) are smart enough to be able to tell a hypocrite when they see one! So Michigan followed standard law terms and protects all of us from deleterious and adulterated cigarettes. This approach helps adults set the right example for kids. Adherence to these legal principles and definitions is the only right way to prevent smoking! Avoid hypocrisy.

         49. Children have long been targeted (see physiology reason, adults' typically not starting, then examples 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11). See pushers' own analysis #1 and #2. Note also the ongoing effort to protect children from this, at the joechemo.org educational site. There have been many illegal tobacco sales to minors. Both the sellers and professional analysts recognize that adult smokers would typically not be smoking if they had not been illegally solicited or obtained while they were children.

'once you began the illegal process, enslaving children, selling to children, you can't reap the fruit of your lawbreaking. Otherwise you will continue enslaving/selling to children, as your lawbreaking pays off once they become 18.'

         51. Re any underground cigarettes, the federal cigarette smuggling ban, 18 USC § 2341, § 2342, § 2343, § 2344, § 2345, and § 2346), takes over, rendering the matter a federal crime, allowing for doubled-up enforcement. Smuggling in the context of the above standard legal terms, makes it clear that sellers are not doing mere "accidental" harm (a civil matter for which no future immunity is ever granted anyone else), but harm meeting the criteria of standard definitions of unlawfulness and crime, e.g., murder.

         52. From a solution point of view, driving cigarettes underground, i.e., creating a black market, is an excellent approach, contrary to lay views. The federal law provides for five years in prison, a more meaningful penalty than states typically provide. Regardless, states rarely enforce cigarette control laws, even when they ban sales to children, as the penalties are too minor, and pro-cigarette corruption is widespread. So pushing cigarettes into black market status is about the most efficient method under the circumstances of getting genuine cigarette control, and stopping the cigarette holocaust cited by the Royal Society of Physicians of London. Putting cigarettes into black market status would foreseeably take them out of legitimate stores, thus end that aspect of the societal stamp of approval. All in all, making cigarettes a black market item is a reasonable approach to cigarette control, bringing an end to the cigarette holocaust closer.