tag:blogger.com,1999:blog-2248881149749925934.post9207665916254773237..comments2024-01-02T10:09:58.744-08:00Comments on Preaching to the choir: Overcharge much?Shttp://www.blogger.com/profile/12429147325673256508noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-2248881149749925934.post-8313928466580852222012-03-05T06:33:41.007-08:002012-03-05T06:33:41.007-08:00TV Chair Lawyer thoughts....
Set the qualifying c...TV Chair Lawyer thoughts....<br /><br />Set the qualifying condition for Capital Murder at "Intentionally and without reservation cause the death of another."<br /><br />So, we have this 9 year old, running around, I presume some kind of laps, like around the block or around the property. Or with Grandma chasing her. I just can't see this kid running in a straight line for 3 hours. So that means that while she ran, Grandma had to see what was happening.<br /><br />So let's assume, for the sake of argument that Grandma had 3 interactions over the 3 hours with the girl as she ran, without water. That means 3 times she had to see this girl, dying of dehydration. She watched the girl run herself to death, over a 3 hour period. About as long as it took the Titanic to Sink.<br /><br />Should she but put to death for this? I can't say. But I think about the idea of ~watching~ someone slowly die of dehydration and I think that the prosecutor's outrage isn't totally in left field.Rob Ostermanhttps://www.blogger.com/profile/07226679027078689566noreply@blogger.comtag:blogger.com,1999:blog-2248881149749925934.post-61220962210953517262012-03-01T21:14:33.386-08:002012-03-01T21:14:33.386-08:00At the VERY least, it should be reserved for peopl...At the VERY least, it should be reserved for people who actually intend to kill people!<br /><br />I was pretty horrified to see the Alabama statutes seem to allow the death penalty for this. I need to do more research, though, to see if they ever actually have sentenced someone to death for this kind of depraved indifference.<br /><br />Heck, in my state, I don't think I'd even charge her with our version of depraved indifference. I'd stop at the much lower involuntary manslaughter at most.Shttps://www.blogger.com/profile/12429147325673256508noreply@blogger.comtag:blogger.com,1999:blog-2248881149749925934.post-7856038560780820782012-03-01T21:11:25.075-08:002012-03-01T21:11:25.075-08:00Now, see, this is what I was talking about in my c...Now, see, this is what I was talking about in my comment a few days ago. Capital punishment, if it is to be used at all, should be reserved for the worst of the worst. People who intentionally torture their victims to death, stuff like that.<br /><br />Grandma here, she was negligent. Yes, she should have known that that much physical activity, under those conditions, was dangerous. There's a whole constellation of appropriate sorts of things to charge her with. She's not a monster. <br /><br />I don't even see malice aforethought, which if I remember law school correctly was the element that distinguished murder from manslaughter.<br /><br />But what do I know? I'm just a guy slogging his way through civil cases.Burt Likkohttps://www.blogger.com/profile/16060980744675990412noreply@blogger.com