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#126 |
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I say they should take a secret vote on whether people support the death penalty or not ... when the votes are in ... make the people that don't support it pay for the incarceration of the vermin that deserve it.
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one Stupid Blog |
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#127 |
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Execution is more expensive.
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"The louder he talked of his honor, the faster we counted the spoons." -- Ralph Waldo Emerson |
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#128 | |
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#129 |
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you are correct ... with all the useless appeals for the guilty (costs can sky rocket)
that needs fixing also.
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one Stupid Blog |
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#130 | |
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Our system is imperfect and until it is shown is isn't, there are always going to be appeals. |
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#132 | |
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Manslaughter is more complex than what you suggest, at least here in the UK. (Note my whole post was on defending the UK sentencing scheme for murder, so that's why I based the examples on English law).
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#133 | |
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not only there was no intent to kill, but the perp int he scenario didn't actually kill the guy. the doctor did (by mistake, obviously). i agree with the reasoning behind your post, but i do thing you used a poor specific example. substitute that scenario with one that is a more proper 'manslaughter' case, and the it works. as for the death penalty: 100% against, in all cases. it is ineffective, unjust and miseducative. and recognized as such for 250 years
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I do not believe in lot of things, but I do believe in duct tape. Miles Straume linky to stonyc's ww table
Last edited by Don't panic; Feb 7, 2013 at 10:34 PM. |
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#134 | |
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As for the doctor example - I choose that carefully. Under English law the defendant must be the cause of the victim's death - but 'causation' has been discussed extensively and a good body of case law has been established. The doctor is an 'act by a third party' situation. Case law has heard that incorrect medical treatment does not 'break the chain of causation' unless it is very seriously negligent. See - R v Cheshire (1991), R v Smith (1959). Provided the defendant's action was still an 'operating and substantial cause' (but this does not mean sole or main cause) at the time of death then negligence by a third party does not break the chain of causation. The point I am trying to make is that is it is 'easier' to commit murder than many people realise - it's a very wide crime. I wanted to come up with two examples of murder - one classic cop-drama-over-the-top-evil-murder, and one that people would be surprised to learn is murder (which from the responses they are!). Like I said before, manslaughter under English law is quite complex (there are two main types, and then subtypes). It's not just murder-without-the-intent crime that many mistake it for.
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Last edited by iStudentUK; Feb 8, 2013 at 02:38 AM. |
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#135 |
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In extreme cases, I'm for it.
But I think the death penalty shouldn't be about punishment or retribution, but purely to remove someone who has shown they can't live in a civilised society. In my opinion, putting someone in prison when they'll never, ever be released is incredibly cruel and pointless. Instead, when there is NO doubt of their crimes, they should be quietly put to sleep. |
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#136 | ||
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In England something called mens rea is required in order to suffice a sentence of murder, which basically means malice aforethought. By the same logic, the doctor did not kill his patient; the drug did. If, however, the allergy was already known but the doctor overlooked it, or failed to check for it, then he can still be sentenced, but not for murder, more likely involuntary manslaughter. Mr. C nor the doctor played no part in any murder, since none took place, and Mr. C nor the doctor had any malice aforethought with regards to Mr. D. Mr. C may think he is to blame or he may think he murdered Mr. D, but under English law he didn't. |
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#137 | |||||
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Knowledge that a cause of action would lead to death is not a requirement. Quote:
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This is not a novel legal argument - the concept of (I) infliction of injury that could be treated (II) negligence by a doctor (III) death of the victim that would otherwise have been avoided, still being legal and factual causation is well established. See R v Cheshire (1991), R v Smith (1959). The chain of causation is only broken where medical negligence is extremely serious.
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Last edited by iStudentUK; Feb 8, 2013 at 07:44 AM. |
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#138 | ||
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How likely is that?
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In which case I don't understand how your crime can be classified as murder without any intent to kill and/or cause serious harm, since malice aforethought and mens rea are required. |
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#139 | |
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Unfortunately, that's not a very useful definition as "malice aforethought" is a rather clumsy phrase. Malice aforethought is the mens rea - but helpfully the courts have over the years given a nicer user-friendly definition of that phrase, which is "an intent to kill or cause serious harm". So it goes like this: The mens rea is required to commit murder (obviously) -> the mens rea is "malice aforethought" -> that means "an intention to kill or cause serious harm". Someone shooting someone in the heart is clearly an intent to kill, someone shooting someone in the shoulder may not be (they may only intend to cause serious harm not death). So if the victim is (for example) a haemophiliac and dies that is still murder as there was an intention to cause serious harm.
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#140 | |
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However, I still don't see how Mr. C would be liable for murder. The fact that Mr. D was able to walk away quite happily, even from the "nasty fight", and get some medicine doesn't, at least to me, suggest that serious bodily harm was caused. Or does "serious bodily harm" also include mental harm (Mr. D was immensely stressed, and so acquired medicine, the same medicine that killed him)? In which case I would understand how Mr. C could be found liable, but I cannot find anything about "serious bodily harm" also including things such as mental health. The CPS website lists the requirements of GBH but all I can read is physical injuries. Steering back on topic, though: I think that, with my confusion aside, life sentences should remain life for the definite cases of murder (e.g. scenario 1 in your original post). Early release is far too common in this country. |
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For the reasons in my first post on the topic I believe life sentences with a minimum term are excellent. I'd like to see life sentences mandatory for all the most serious crimes (rape, GBH with intent...). A Daily Mail type approach of "life means life" would seriously weaken the UK system, and reduce the ability to deal with serious offenders.
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#142 | |
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That's why the "execute anyone who we're 100% sure did it" argument doesn't make sense. If we're only 99% sure they did it, then they should never be in jail in the first place. If we're not sure enough of their guilt to execute them, then we're not sure enough of their guilt to convict them and lock them up. By saying "Oh, well we're not completely sure this guy did it, so we can't execute him", you're saying that there's reasonable doubt to his crimes and he should be free.
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Barack Obama is not a foreign born, brown skinned, anti-war socialist who gives away healthcare. You're thinking of Jesus. |
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#143 | |
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Not to add to some of the confusion, but, not only are the definitions of "murder" and "manslaughter" different between the UK and the US, but, the subtleties of these definitions for lots of crimes differ state-to-state in the US, something you have to be aware of if you have served on a jury that went through the full trial. People sometimes lose sight of the fact that their particular state may be different from the next. |
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#144 | |
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What happens if instead of fighting, Mr. C and Mr. D are involved in a car accident. The accident is Mr. C's fault - nothing blatantly negligent like drinking and driving or excessive speed. Maybe he didn't see Mr. D when changing lanes on the highway or something. An honest mistake, we've all done it, but his fault nonetheless. Mr. C doesn't even cause extreme physical injuries to Mr. D - he's just taken to the hospital to be checked out and the doctor gives him pain medication he's allergic to and he dies. Is Mr. C still considered responsible for murder under English law since, after all, it was Mr. C who resulted in Mr. D being hospitalized in the first place?
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Barack Obama is not a foreign born, brown skinned, anti-war socialist who gives away healthcare. You're thinking of Jesus. |
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It's important to distinguish negligence and recklessness. It's complex so I'll just give a basic explanation. Someone is reckless if they foresee a risk of something happening, but unreasonably takes that risk anyway. Negligence is performing your duty below a reasonable standard (your duty depends on what you are doing - a driver must drive at the standard of a reasonable driver, a doctor must perform their job as a reasonable doctor etc. But nobody is required to be perfect). Mr C may have committed a crime (anything up to involuntary manslaughter in an extreme case) if he was reckless - but you say 'nothing blatant' in this case so that is very unlikely. If he was negligent he could be liable in tort (ie sued in civil court for money). Ultimately, if Mr C was not negligent or reckless and then there may be no liability at all - often people don't realise you can be factually responsible for somebody else's death without being legally liable. The doctor may have been negligent and could then be sued in tort. It would take something pretty drastic for him to have committed a crime by being reckless - like thinking "I'll unplug this patient's life support machine without checking his condtion, what the hell seems like a laugh".
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#148 | |
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The strongest argument against the Death Penalty:
The Daily Beast: Justice Thinks Again. "Everyone in prison is an innocent man." Well, not everyone, but... Quote:
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"Hey, hey, hey, they are playing our song. Lets go kill some monsters!" MBP, 2.2 GHz intel i7, 4GB Ram, Radeon HD 6750M (1GB VRAM), Bootcamp: 64bit W7; iPhone5, iPad3.
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#149 |
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#150 |
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So the UK could join the likes of:- Afghanistan Bahamas Belarus Botswana China (PRC) Cuba Egypt Guatemala India Indonesia Iran Iraq Israel Japan Lebanon Malaysia North Korea Pakistan Saudi Arabia Singapore Somalia South Korea Suriname Syria Taiwan (ROC) Tajikistan Tonga United Arab Emirates United States Vietnam Yemen
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'You cannot undo history, but you can learn from it' |
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