 |
| |
|
| |
|
| |
|
|
MichaeltheGreat
|
|
Apolyton Grand Executioner
|
 |
mooning the house that Ruth built.
Oct 1999
time: 21:29
|
|
quote:
Originally posted by Sirotnikov
I always wondered about that.
Can some one here expand on the different meanings of Murder, Manslaughter, Killing etc and the different degrees?
What does each mean? |
Different states in the US have different laws, at least in details and some of the terminology.
Homicide is a standard legal term, and it simply means killing of another human being, without any conclusion as to legality.
Using California as an example, you have:
(1) Murder in the first degree with special circumstances.
(2) Murder in the first degree
(3) Murder in the second degree
(4) Voluntary manslaughter
(4a) Felony vehicular manslaughter
(5) Involuntary manslaughter
(5b) Vehicular manslaughter.
Legally, you can have justifiable homicide (self defense or defense of others under prescribed conditions, or using minimum necessary force under conditions other than those presribed by statute) and accidental homicide, which is legal if the degree of negligence is insuffient for 5 or 5b.
(1) - This is California's DP/LWOP statute. You have to have the elements of Murder in the first degree, plus one or more of the following "special circumstances": Multiple murder; murder while lying in wait (ambush); murder in or arising from commission of kidnap, rape, armed robbery, burglary, arson, or sexual abuse of a minor under the age of 14; murder by poison; murder by torture; killing of a peace officer, corrections officer, parole officer, probation officer or paramedic or firefighter in connection with their duties; murder for hire; murder of an elected or appointed government official in connection with their office; murder of a witness, prospective witness, prosecutor, juror, or grand juror in connection with their judicial duties or testimony; murder based on race, ethnic origin, religion or nationality.
(2) - This is basic premeditated murder - there has to be advance intent to kill, some degree of planning of the killing OR the likelihood of killing the victim directly or in connection with another crime.
(3) - Murder without premeditation, but with intent to kill, or reckless disregard of the high likelihood of killing, to a degree more severe voluntary manslaugher.
(4) - Unlawful homicide due to either reckless disregard of the possibility of killing the victim (note reckless disregard of the possibility, as opposed to reckless disregard of the probability or likelihood of killing someone), or due to a "crime of passion" such that the the defendant was under a sufficient degree of immediate provocation or duress as to effectively negate the ability to form intent.
(4a) - Unlawful homicide in an automobile accident where the severity of the defendant's conduct (high level of intoxication, reckless driving, exhibition of speed) indicates a reckless disregard for the safety of others.
(5) - Unlawful homicide with a degree of neglect that exceeds ordinary carelessness (i.e. a degree of neglect that isn't reckless disregard, but derives from doing (or not doing) something which a reasonably prudent person would would know not to do (or to do if the negligence results from a failure to act).
(5b) - Unlawful homicide resulting from an auto accident where the defendant was responsible for the accident, and violation of one or more sections of the vehicle code was a proximate cause of the accident.
|
|
| |
|
| |
|
|
|
Jack_www
|
|
quote:
Originally posted by Dissident
I kind of feel sorry for her.
Did you hear her crying? She obviously feels remorse about this.
They really should give her the mininum sentence.
Yes I know, I can't resist women crying. I can't explain it. |
Yeah right. The woman covered the crime up, and she had lots of time for the drugs to wear off that she would have know that a man was stuck in her car windshield and that he needed help or would die yet she decided to ignore his crys for help. She should get the book thrown at her for what she did to that man.
|
|
| |
|
|
|
The diplomat
|
 |
Terre Haute, IN USA
Sep 1999
time: 23:29
|
|
What did people think of the closing statements at the end of the sentencing phase?
I think the prosecution went a bit too far when they hinted that she ran over the guy on purpose. Granted, she should not have been driving while under the influence of alcohol, marijuana and ecstasy, but hitting the guy with her car was unintentional. Of course what she did later, ignoring his cries for help and leaving him to die, and continuying to take marijuana, that is unaceptable.
The defense also made some really poor arguments. To say that she is a good person because she was a nice person in high school who never got into trouble, is completely irelevant. Her behavior in high school has nothing to do with the facts of the case. And, the argument they gave that she is mentally sane because she was able to get a job, is also utterly irelevant to the case. The fact that she was able to go to college and then get a job, has nothing to do with the facts of the case.
The argument that driving under the influence is no big deal because it is just a class B misdeamenor, is ridiculous. The main fact of the case is that she killed someone because she was driving under the influence of alcohol, marijuana and X. So, to say that driving under the influence is no bid deal is preposterous. Lastly, to say that caring for patients while stoned is not a threat to the patients because nobody ever complained about it, is ridiculous. It is wonderful that none of her patients got hurt as a result of her drug usage. But to take care of patients while stoned is utterly reckless, dangerous and irresponsible!
|
|
| |
|
|
|
Zylka
|
|
quote:
Originally posted by Urban Ranger
I can't see that as murder. Manslaughter, yeah, but how can this be murder? |
What the f*ck?
Seriously - what planet are you on?
|
|
| |
|
|
|
Zylka
|
|
"She is not the monster that police and prosecutors are making her out to be," said Mike Heiskell, Mallard's attorney. "She was simply a frightened, emotionally distraught young woman who had an accident, panicked and made a wrong choice."
Heiskell said his client is only guilty of failing to stop and render aid to a man she hit, not murder. But she did in fact stop! When she got home and parked the car in her garage, with the victim, Gregory Biggs, still stuck in the windshield!
What did she do next? Did she call an ambulance? Call the police? Try to help Gregory Biggs? No, she HID the car in her garage, went inside, and had SEX with her boyfriend!
According to Police, Chante J. Mallard, 25, waited for two days for Biggs to die, ignoring the pleas for help coming from her garage.
Biggs, whose body was found in a park on October 27, suffered cuts and broken legs but had no internal injuries that would have caused his death, said the medical examiner's office.
But Mallard, on the advise of her friends, chose to let Biggs first die in her garage, before dumping his body in a nearby park. Police has no leads in the crime until someone tipped them off last week.
According to what Mallard told investigators, she returned to the garage several times to see if Biggs had died, and ignored his pleas for help.
I will weep for her always 
|
|
| |
All times are GMT. The time now is 05:29.
Apolyton Time is 00:29. |
top of page
|
| archivepost |
|
Forum Rules:
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
|
HTML code is ON
vB code is ON
Smilies are ON
[IMG] code is ON
|
|
|
|
|
|
26-06-2003 21:43
. That makes is murder.
|
|