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Author Topic: You're on the jury.  (Read 955 times)

Offline DREDIOCK

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You're on the jury.
« Reply #30 on: December 10, 2006, 11:38:29 AM »
Quote
Originally posted by lazs2
Why is the judge better at figuring out a sentance than say a jury?

lazs


He doesnt. He has sentancing guidlines he has to follow.
Some have discretionary options. Some do not
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Offline midnight Target

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« Reply #31 on: December 10, 2006, 11:38:52 AM »
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Originally posted by Neubob
Actually, I'm thinking that the kind of guy that would bring up a girl to be an idiot like that is exactly the kind of guy that would take the law into his own hands and, with aforethought, deal his already injured family another vicious blow by becoming a convicted murderer.

20 years.


Ever have a teenage child?

The 1st part of this comment is silly, the second half is dead on. The guy compounded the problem for his family by acting like an idiot. He sould get at least 20 years.
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Offline Dago

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« Reply #32 on: December 10, 2006, 11:42:37 AM »
Any of you "I'd kill the guy" types thought of it this way:  you have a son, and a girl falsely accuses him of raping her.   Before anything is proven, her father shows up at your house and kills your son.   Still think that is the answer, a father runs over and kills the young man out of hand?

It is just because of this we cannot condone or practice irrational vigilanete justice, and must prosecute  and punish those who follow this action.

To be honest, if I caught someonein the act of raping my child, and it was obvious it was forcible rape, I am sure I would kill the person.
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Offline Holden McGroin

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« Reply #33 on: December 10, 2006, 12:04:58 PM »
Quote
Originally posted by Dago
It is just because of this we cannot condone or practice irrational vigilanete justice, and must prosecute  and punish those who follow this action.


However rational vigilante justice...
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Offline Maverick

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« Reply #34 on: December 10, 2006, 12:22:08 PM »
Couple things here.

First off most jurisdictions have multiple categories of murder. This is not manslaughter, that is a different situation.

First degree murder or what is commonly called "cold blooded premeditated"murder. A murder with particularly evil intent or heinous process. Think son of sam, charles manson, dahmer and so on.

Second degree murder. This can be thought of like the scenario that started the thread, A heat of passion situation where "rational" thought and normal societal hindrences drop in a fit of rage.

Then you have manslaughter, a situation where the ending of life was NOT the intent but happened as a secondsary result of the act that ended up causing it. Think acidental discharge, killing with a motor vehicle in a traffic collision (non intentionally), giving a drug to a person which causes a death and so on. There are usually different levels of manslaughter as well like murder.

Secondly, in more than one state the jury CAN decide which is the appropriate charge for conviction. The state may prosecute for murder 1 for example and the jury can find for 2nd degree instead. A sentence hearing can be held immediately afterwards to determine the penalty. It all depends on how the law is written in the pertinant state.

In the scenario that started the thread I'd guess that 2nd degree would be tried and convicted. The penalty will also be variable dependant on the mens rhea (eveil intent) and how it was doen. If the suspect WAS the rapist and Dad tortured the guy to death then it's murder 1 likely or murder 2 with max penalty. My guess in this case 2nd degree murder with 15 to 20 years and time off for good behavior. Figure he'd be out in 7 years.
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Offline lasersailor184

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« Reply #35 on: December 10, 2006, 01:13:32 PM »
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It sounds harsh (and yes i can see his actions in myself) but we need to live by the law or we would descend into chaos.


Funniest line this whole post.  :rofl
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Offline Dago

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« Reply #36 on: December 10, 2006, 01:19:24 PM »
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Originally posted by lasersailor184
Funniest line this whole post.  :rofl


No, his line made sense, yours didn't.
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Offline VOR

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« Reply #37 on: December 10, 2006, 01:23:11 PM »
He needed killin'.
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Offline lasersailor184

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« Reply #38 on: December 10, 2006, 01:39:50 PM »
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No, his line made sense, yours didn't.


Oh cmon Dago, that was standard "We need the government" think.
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Offline Dago

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« Reply #39 on: December 10, 2006, 03:06:14 PM »
Quote
Originally posted by lasersailor184
Oh cmon Dago, that was standard "We need the government" think.


I thought instead it was him stating the reality of our society,  recognizing we need to resist the more base instincts of people to react in an emotional angry manner, and instead act as the thinking man realizing the need to resist the immediate emotional impluse to instead follow the established norms of a system of law and justice.

My mistake.
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Offline AWMac

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« Reply #40 on: December 10, 2006, 04:19:53 PM »
He should have just shot the balls off the donuthead...  let him live a full life without a P3n1s...  But then again I'm just a Father.


Mac


ohh  5 Years.
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Offline Silat

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« Reply #41 on: December 10, 2006, 04:26:20 PM »
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Originally posted by Meatwad
Innocent, her father removed a drug addict scumbag from the earth.

If the loser was still alive, who knows how many more he would of hurt. Good riddance to garbage


So you are for someone murdering Oxyrush?
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Offline x0847Marine

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Re: You're on the jury.
« Reply #42 on: December 10, 2006, 06:02:59 PM »
Quote
Originally posted by cav58d
Scenario - A father comes home one night to find out his seventeen year old daughter has been raped by a eighteen year old male she was chatting to on myspace.  (The myspace page brags about drug use, and even has explecit instructions to make cocaine)....Upon finding how his daughter has been raped, the father grabs his gun, tracks down the kid and kills him.  The father immediately drives to his towns police station and turns himself in.  When questioned, the father admits he knew exactly what he was doing.

You're on the jury.  What would your recommendation be in sentencing?  How hard or soft would you be?


Depends on the time it took to "track" the kid down, any longer than 30 minutes and the 'heat of passion' / 'temp insanity' defenses start to fade and the father is a murderer.

187PC - murder; The unlawful killing of a human being or fetus with malace aforethought.

If upon learning the father made straight lines to his weapon, then the kid, manslaughter.
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Offline lazs2

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« Reply #43 on: December 11, 2006, 08:37:21 AM »
we don't have enough information.  

The prosocutor could indeed make it even 2nd degree manslaughter... the man could have gone to the parents of the boys house to confront them and then... an arguement turned into a fight turned into a killing.

The prosocutor needs to review the evidence... if the girl has been raped violently and the dna is there and the thing went down as I described...

No jury would convict based on the above scenario and a murder charge.. the prosocutor would go for manslaughter charge.

Judges?  what is the difference between guildlines and mandatory sentances?   the judges have guidlines and mandatory sentances impossed on them because they have done such a poor jub as a whole.

lazs
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Offline Gunthr

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« Reply #44 on: December 11, 2006, 09:40:31 AM »
I think you'd have to sit in the jury box and listen to the evidence and the arguments to arrive at a just decision, since the scenario leaves some questions unanswered.

Past that, I have to say that there is no way I would murder the rapist unless I lost my mind.  My responsibilities to my kids would outway my desire for revenge, and I'd worry that my daughter would blame herself for the whole tragedy.
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