02-18-2013, 09:10 AM | #45 | |
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Bad things happen not because of 'bad luck' or fate, but because of STUPIDITY that the dead man commited. Now do you feel like crying? Oh, I'm so sorry you should not have went on the internet, there are bad people there that tell you nasty facts about the world that AREN'T TRUE (sarcasm) because the world is a kind and snuggly place. |
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02-18-2013, 09:25 AM | #46 | |
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However, second degree murder is a murder that is not premeditated or planned in advance (as in this case). Per wiki: "For example, a bar fight that results in death would ordinarily constitute second degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter" |
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02-18-2013, 09:34 AM | #47 |
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I don't think it was right to kill a man over being laughed at during a time of duress, but on the other side, you probably shouldn't laugh in someone's face when they are obviously worked up about a situation, you just don't know how someone is going to react.
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02-18-2013, 10:10 AM | #48 | |
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02-18-2013, 12:39 PM | #50 |
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A bullet outside the courthouse would have been a justified punishment.... And to think, he will be out in 11 years with nothing but more anger in him to unleash on someone....
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02-18-2013, 02:31 PM | #51 | ||
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This wasn't a bar fight. This was a case of someone provoking the defendant by laughing at him for dropping his sandwich, which made him act "rashly and under influence of intense emotion." |
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02-18-2013, 02:38 PM | #52 | |
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Aside from you, I dont think anyone else on here would agree that the average person would resort to physically beating a person because that person laughed at him in some sandwich shop And while yes, you are correct that this was not a bar fight, I think that example more closely models this situation than yours. In a bar fight you are intending to do harm (but not kill) and if you happen to kill the person it would likely be murder in the 2nd degree. This was a fight (albeit a one-sided fight) in a sandwich shop whereby the perp was intending to inflict harm. |
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02-18-2013, 02:56 PM | #53 | |
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Where did I say I would resort to violence? I wouldn't resort to violence but I would most likely flip this person off if they laughed at me, which is considered acting rashly and heat of passion. |
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02-18-2013, 03:01 PM | #54 | |
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I agree w/ you gatorfast, if he had punched him once, the guy fell, hit his head and died because of that, I would agree w/ the verdict but the fact he kept hitting him while the guy was out, tells me he was trying to do serious harm and that type of person should either live the rest of his life in jail or be sentenced to death, depending on the state laws |
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02-18-2013, 03:18 PM | #55 | ||
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I did not say you personally would use violence in the same situation but you more or less insinuated it by deeming that this person acted rationally. You made the argument that manslaughter was the correct conviction based on this being a crime of passion. I disagreed stating that beating someone to death would not be the response of the average person. |
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02-18-2013, 10:42 PM | #57 |
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I just don't know why there is so much hate.
It takes so much more energy to hate on people than it does to just let them be. The bottom line on this story is that the worst the victim did was be rude to someone. something that may not even be rude in his country. And all the perp did was have a rage attack that resulted in the death of the victim. Any way you word it, any color light you put on it, any spin you want to add to it; the bottom line is that one person killed another for being rude. Even punching someone in the face only once isn't a justified response to someone who was rude to you.
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02-19-2013, 10:11 PM | #58 | |
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Last edited by MadDog; 02-24-2013 at 05:10 PM.. |
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02-19-2013, 10:15 PM | #59 | |
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Thanks. I appreciate your response. (and gatorfast's) One thing not mentioned in the article was that the attending physician at the emergency room said it looked like my niece's husband had been in an 80 mph car accident. My family definitely doesn't agree with the jury and the ridiculous verdict. Also, the attack didn't take place immediately after my niece's husband allegedly laughed at the assailant. It took place many minutes afterward, so the "heat of passion" argument is invalid. Last edited by MadDog; 02-19-2013 at 10:25 PM.. |
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02-19-2013, 10:15 PM | #60 |
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^^ you got the wrong poster quoted there.
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02-19-2013, 11:17 PM | #61 |
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I can only guess what's going to happen to his pastrami once he goes to jail
Just imagine he'll be someone bitch That'll make you feel better
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02-20-2013, 02:28 AM | #62 | |||
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If you think these are equivalent, then that's what's wrong with the jury system - the average juror. Quote:
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02-20-2013, 02:42 PM | #63 |
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02-20-2013, 06:46 PM | #64 | |
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Why complain about the juror? Why not complain about the DA for seeking manslaughter vs murder? Why not complain about the justice system that clearly states what a manslaughter consists of? Heat of passion that will help reduce the sentence to manslaughter vs second degree murder: 1) that the defendant was provoked YES 2) that the provocation caused the defendant to act rashly and under the influence of intense emotion, obscuring his judgment and reasoning YES 3) the provocation would have caused the average person to act rashly YES, IMO and the DA's opinion |
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02-21-2013, 06:47 PM | #66 |
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