Post AVimclYN3lDzzBIGUy by StillIRise1963@mastodon.world
(DIR) More posts by StillIRise1963@mastodon.world
(DIR) Post #AVimclYN3lDzzBIGUy by StillIRise1963@mastodon.world
2023-05-16T14:16:03Z
0 likes, 2 repeats
If marines are professionals, they know when they're killing someone.
(DIR) Post #AVisZGnvWjxJTXHnCi by Danetteb@mstdn.social
2023-05-16T17:18:55Z
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@StillIRise1963 yes! So why manslaughter?? 🤬
(DIR) Post #AVisZHlpvzsUTLJdaK by StillIRise1963@mastodon.world
2023-05-16T17:20:54Z
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@Danetteb It's so infuriating. It's also illogical because at first, they kept calling him a marine to confer some type of authority to murder. When that didn't fly, they changed to it was an accident. 🙄
(DIR) Post #AVisZIPBZhLyRNj3uy by Danetteb@mstdn.social
2023-05-16T18:16:00Z
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@StillIRise1963 I’m pissed that people are all “that’s great!” Manslaughter is good. Really? He knew what the fuck he was doing. He was trained to know how to kill people.
(DIR) Post #AVisZIyzQZzeEQTej2 by fulanigirl@blacktwitter.io
2023-05-16T19:17:44Z
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@Danetteb @StillIRise1963 So, NY has degrees of manslaughter. They are based on mental state. They differentiate between the differences intending to harm (but not kill) someone and death results and behavior that is committed under emotional distress. There was a possibility of a Murder 2 which is when you act with "depraved indifference" which I used to tell my students is FREAKING BIG recklessness. As a marine one could have concluded he acted with BIG reckless. Grand jury chose Manslaughter
(DIR) Post #AVisZK7BDc8fk7Ji88 by fulanigirl@blacktwitter.io
2023-05-16T19:23:41Z
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@Danetteb @StillIRise1963 Man 1 is when you intend to cause injury but not death; Man 2 is when you act recklessly and cause death as opposed to Murder 2 when you act with that bigger level of recklessness.
(DIR) Post #AVisZL7ZTe2urcVXNY by StillIRise1963@mastodon.world
2023-05-16T19:25:22Z
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@fulanigirl Thank you for these clarifications of law. I appreciate the knowledge. 😊 @Danetteb
(DIR) Post #AVisZM0sA2HXd8NhZo by fulanigirl@blacktwitter.io
2023-05-16T19:29:06Z
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@StillIRise1963 @Danetteb To understand the difference between reckless and BIG reckless think of kids throwing rocks off an overpass at night. Compare their actions with a kid who takes a 20 lb frozen turkey and throws it onto rush hour traffic from the same overpass. If someone dies in each instance, the first would be man2 and the turkey kid could be murder 2 due to the heightened degree of reckless conduct he engaged in.
(DIR) Post #AVisZMlJNNQdxA6mxc by StillIRise1963@mastodon.world
2023-05-16T19:34:04Z
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@fulanigirl I think I get it - murder 2 is more like you very well knew no good could come from this, something very bad could happen?@Danetteb
(DIR) Post #AVisZNTyhJ9qBh0Sa8 by fulanigirl@blacktwitter.io
2023-05-16T19:44:34Z
0 likes, 1 repeats
@StillIRise1963 @Danetteb yeah and in this case, the guy had specialized training in how to kill so he knew what he was doing had a very high risk of killing the kid. That = murder 2 in my book. But we don't know if murder 2 was presented as an option for the grand jury. They can only vote on what is presented to them.
(DIR) Post #AViuhxGjjCkJP01xAG by peterbutler@mas.to
2023-05-16T20:01:42Z
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@fulanigirl @Danetteb @StillIRise1963 I thought the difference between murder and manslaughter was intentFor murder second degree (no premeditation), they would have to prove that Penny intended to kill Neely, which seems hard to meVoluntary manslaughter encompasses homicide based on extreme rage, I believeI think there would have to be conscious intent to kill for it to be murder The guy saying “stop you’re killing him” is one evidence of that, but not sure that’s enough (IANAL)
(DIR) Post #AViuhzCuWOsFPiFvTk by fulanigirl@blacktwitter.io
2023-05-16T20:10:37Z
0 likes, 1 repeats
@peterbutler @Danetteb @StillIRise1963 Intent is required but recklessness is a mental state. If you look at the NY Statute as do the statutes in many states, there are many ways in which intent is spoken of. An intentional killing is what lay people usually think of. But there are killings, including some kinds of murder where everyone agrees the perpetrator did not mean for the death to occur, nonetheless, they are held responsible for it at the murder level. 1/2
(DIR) Post #AViui0TbnnpDLn4m92 by fulanigirl@blacktwitter.io
2023-05-16T20:14:39Z
0 likes, 1 repeats
@peterbutler @Danetteb @StillIRise1963 Many lay people are familiar with the term "felony murder." This is a murder we all agree the actor did NOT intend but a death occurred and in many states the value judgment is that this death should be treated as equivalent to an intentional murder. It is even death eligible in some states. BUT we all agree that the actor had no intention to cause the death. The law uses the word "intent" in ways that are not common understandings in lay language. 2/2
(DIR) Post #AViui1FouYODlJdHI8 by fulanigirl@blacktwitter.io
2023-05-16T20:18:52Z
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@peterbutler @Danetteb @StillIRise1963 Just in case it's need: felony murder is a death that occurs when a perpetrator engages in a felony like a robbery. If someone dies during the robbery, even if the perpetrator was unarmed...even if the death was caused by someone just passing by, the perpetrator of the felony is held responsible for the death.