10-08-2007, 11:42 AM | #41 (permalink) |
Easy Rider
Location: Moscow on the Ohio
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One can only hope that if you are ever accused of a crime, especially one from 5 years ago, that you will be given a chance to prove your innocence before being blasted away.
Not all 14 year olds tell the truth especially when they are in trouble. Not all parents who go into a rage are justified. There are many cases of accusations (and even convictions) like this which have been found later to be untrue. |
10-08-2007, 12:02 PM | #42 (permalink) |
Winter is Coming
Location: The North
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This is a pretty classic case of jury nullification where the jury ignored the law because they didn't like the result and provided their own law.
Assuming he did rape the girl (so HIS guilt isn't in question), she brought a gun (and EXTRA ammo) to their meeting, confronted him about it, unloaded a clip into him and then reloaded and continued shooting. We call this first degree murder. She planned ahead of time to kill him, and did so. Without the reload, I'd be willing to buy an argument that she just "happened to have" a gun and got so upset about his response that she pulled the gun and shot him. That would make it a pretty easy second degree murder case. Manslaughter is the killing of another without the intent to do so. It's not strictly an accident, but your agency wasn't designed to kill the person. If Cheney's shot had killed that dude he was hunting with, for example, we'd call it manslaughter. Nothing about this case reflects a lack of intent (or "malice aforethought") on her part. But...the juries felt bad for her so they refused to convict her of the crime she actually committed and convicted her of a lesser offense. |
10-08-2007, 12:41 PM | #43 (permalink) | ||
Insane
Location: Orlando, Florida
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Count me as a vote for it being murder, and likely in the first degree. I think that the jury was WRONG to acquit her. As another poster mentioned, it is possible for the person who is doing the killing to kill the wrong person. What should have been done, is that she should have gone to the police, and got the person who allegedly raped her daughter, indicted and tried for the alleged rape. Justice is determined in a court of law, not at the end of a gun barrel.
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Last edited by Terrell; 10-08-2007 at 01:00 PM.. Reason: Automerged Doublepost |
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10-08-2007, 05:27 PM | #44 (permalink) |
Junkie
Location: Ontario, Canada
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I'm the parent of a young girl - and it's vengeance.
I'm not saying I might not do something similar. No one can say what they'd do under such circumstances until confronted with them. But to coat it as something other than vengeance is just making excuses.
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Si vis pacem parabellum. |
10-08-2007, 09:42 PM | #45 (permalink) |
Warrior Smith
Location: missouri
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with the reload, its sadly more in the realm of murder- I have a daughter, and if someone confessed raping her to me, I would certainly kill him, and I think a lot of people here have said as much themselves- therefore, it tend to side with the idea that she should have gotten the manslaughter conviction, and served a little time, which is what happened- if laws reflect society, and most of the people asked what they would do would do as she did, should it be murder? the reload indicates that she was thinking about killing him, but who here would not kill that guy in those circumstances?
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Thought the harder, Heart the bolder, Mood the more as our might lessens |
10-09-2007, 04:14 AM | #46 (permalink) |
warrior bodhisattva
Super Moderator
Location: East-central Canada
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Reload or no, it can still be considered voluntary manslaughter. It is all based on her state of mind.
And for the record, I would not willingly kill anyone in any circumstance where there was not an immediate threat of harm. And even then, I think my killing would be unintentional, as I would not wish death upon anyone.
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Knowing that death is certain and that the time of death is uncertain, what's the most important thing? —Bhikkhuni Pema Chödrön Humankind cannot bear very much reality. —From "Burnt Norton," Four Quartets (1936), T. S. Eliot |
10-09-2007, 05:49 AM | #47 (permalink) | |
will always be an Alyson Hanniganite
Location: In the dust of the archives
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"I distrust those people who know so well what God wants them to do because I notice it always coincides with their own desires." - Susan B. Anthony "Hedonism with rules isn't hedonism at all, it's the Republican party." - JumpinJesus It is indisputable that true beauty lies within...but a nice rack sure doesn't hurt. |
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10-09-2007, 05:54 AM | #48 (permalink) | |
Tilted Cat Head
Administrator
Location: Manhattan, NY
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I don't care if you are black, white, purple, green, Chinese, Japanese, Korean, hippie, cop, bum, admin, user, English, Irish, French, Catholic, Protestant, Jewish, Buddhist, Muslim, indian, cowboy, tall, short, fat, skinny, emo, punk, mod, rocker, straight, gay, lesbian, jock, nerd, geek, Democrat, Republican, Libertarian, Independent, driver, pedestrian, or bicyclist, either you're an asshole or you're not. |
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10-09-2007, 06:09 AM | #49 (permalink) | |
Asshole
Administrator
Location: Chicago
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Can't be - BOR's ex-USAF. Don't expect him to shoot or march straight. And as far as my kids go, I expect I'd have a similar reaction to his, although I doubt I could shoot anyone.
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"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - B. Franklin "There ought to be limits to freedom." - George W. Bush "We have met the enemy and he is us." - Pogo |
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10-09-2007, 09:46 AM | #50 (permalink) | |
Tilted
Location: At a computer, obviously.
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Maybe the answer is in the very light reflected off our blades. Maybe that's what it means to be this creature known as samurai. |
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justice, murder, vigilante |
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