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      02-18-2013, 05:47 AM   #41
Inspired
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Quote:
Originally Posted by kingofthedemo View Post
Do you have any ethics? This guy beat a man to death who was 30 years older than him, simply because he laughed; and you think it's justified that he gets a maximum sentence of 11 years. Are you fucking mental?
Quote:
Originally Posted by gatorfast View Post
Maybe it wasn't his intent to kill but one could reasonably assume that multiple blows to the head, especially kicking when the victim is on the ground, could result in death.

This wasn't some freak accident that caused this mans death. The perp attacked the victim with the intent to do harm which resulted in death.

Quote:
Originally Posted by kingofthedemo View Post
Anyone with a higher IQ than a chimp, could tell you that stomping and kicking on a 56 year old's head who is on the floor could kill them! And you say this man deserves no more than 11 years, that is sick.
I think you guys need to understand the law between manslaughter and murder.

Voluntary manslaughter is the killing of a human being in which the offender had no prior intent to kill and acted during "the heat of passion," under circumstances that would cause a reasonable person to become emotionally or mentally disturbed.

Voluntary manslaughter. This is often called a "heat of passion" crime. Voluntary manslaughter arises when a person is suddenly provoked (in circumstances which are likely to provoke many reasonable people) and kills in the heat of passion aroused by that provocation. That the killing is not considered first or second degree murder is a concession to human weakness. Killers who act in the heat of passion may kill intentionally, but the emotional context prevents them from having the ability to fully control their behavior. As a result, the heat of passion reduces their moral blameworthiness.
The common example of voluntary manslaughter involves a husband who comes home unexpectedly to find his wife committing adultery. If the husband is provoked into such a heat of passion that he kills the paramour right then and there, a judge or jury might very well consider the killing to be voluntary manslaughter.

Second-degree murder is ordinarily defined as an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion"



Facts: Standing next to each other in a bookstore a few feet away from the top of a flight of stairs, Marks and Spencer argue over the proper interpretation of free will in Hobbes's philosophy. The argument becomes increasingly animated and culminates when Spencer points a finger at Marks and Marks pushes Spencer backwards. The push is hard enough to cause Spencer to fall backwards and down the stairs. Spencer dies from the resulting injuries.
Verdict: Marks would probably be guilty of involuntary manslaughter. It was criminally negligent of Marks to shove a person standing near the top of a stairway. But circumstances don't suggest that Marks's behavior was so reckless as to demonstrate extreme indifference to human life, which would have elevated the crime to second degree murder.



Quote:
Originally Posted by MediaArtist View Post
Yeah, you never know when someone is going to snap. Better to be safe than sorry when deciding on whether to troll someone in real life.
Seriously. I gotta consider trolling someone in real life now after this incident.
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