You people are insane you should go jump off a bridge.
Crap...I just became the largest serial murderer since now of course you all are going to kill yourselves.....
Shit..
You people are insane you should go jump off a bridge.
Crap...I just became the largest serial murderer since now of course you all are going to kill yourselves.....
Shit..
So if someone told you to jump off a bridge ...... using a phone, and you chose to do it ...... they're killers now?
If you didn't, is it attempted murder?
Last edited by dextersmith; 2017-06-16 at 05:42 PM.
That's a horseshit defense and you know it (or at least you should)! Everyone plays the crazy card when something stupid/horrific happens from them acting like a jackass. Own up to your mistakes and horrible life choices and take whatever punishment comes your way.
No, we're arguing that speech isn't an action, under the law. Those examples were of crimes that don't require an action, such as slander. That's apples to motorcycles. Find an example of someone being convicted of a violent crime by their words alone.
And that's how people use it poorly - they let the wall you point out exist disappear. The slippery slope analogy, however, from speech to thought-crime is there. I'm not understanding how you don't see that. The link, I mean.And that's using it incorrectly, since the point of Orwell's thoughtcrime had nothing to do with freedom of speech. It was about the manufacturing of charges based on no evidence to imprison potential enemies of the State.
https://en.wikipedia.org/wiki/Charles_Manson
How is this not clear?
Actually, it's the opposite. She intended for him to die, her texts made that quite clear. By trying to say the outcome was not expected, in order to justify it being an involuntary manslaughter conviction, doesn't make a lot of sense. Voluntary manslaughter makes more sense.
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Her texts seemed to show she really wanted him to finally kill himself. Se was rather persistent.
That's most likely the case. Proving intent, beyond a reasonable doubt, can be exceeding difficult.
If I get a heated argument with someone and tell them to go kill themselves, I didn't actually intend for them to do it, it was just a heat of the moment expression. The prosecution most likely felt they didn't have enough evidence for a manslaughter conviction to stick.
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Now that would be interesting - if she was charged and convicted of conspiracy to commit manslaughter. And an interesting point overall, the conspiracy aspect of some crimes.
But again, that example isn't what happened here. But you're getting closer in comparisons - that was about apples to oranges.
Words can be used against you in a court of law. I'm not sure how you think I'm arguing against that. But in violent crimes, words are NOT actions, except (in-so-far-as-I-know) the case we're discussing here.
It sets a new precedent. Which is why I think it will be overturned.
I appreciate that everyone wants this woman in jail. I do too. I'm just looking at the bigger picture, through the legal mind of people who have to review this not for one case, but the law as a precedent. "Hard cases made terrible law."
Oliver Wendell Holmes, Jr. made a utilitarian argument for this in his judgment of Northern Securities Co. v. United States (1904):
Great cases like hard cases make bad law. For great cases are called great, not by reason of their importance... but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment.
Holmes's dissenting opinion in the case, which applied the Sherman Antitrust Act to the securities company, has been described as a reaction to President Theodore Roosevelt's wish to dramatize the issues of monopolies and trusts.[5]
The legal scholar Glanville Williams questioned the adage's usage in 1957, writing, "It used to be said that 'hard cases make bad law'—a proposition that our less pedantic age regards as doubtful. What is certain is that cases in which the moral indignation of the judge is aroused frequently make bad law." Bryan A. Garner calls the phrase a cliche; while mentioning Williams's disparagement, he asserts that it remains in frequent use, "sometimes unmeaningfully".
Well, in an appeal, the court could simply vacate the ruling, because it was not the proper charge. They wouldn't even need to rule on her actual guilt, merely the actions of the court itself. She would then have to be re-tried at a lower level.
Honestly, I'm surprised this wasn't a jury trial, I have no idea why her lawyer did not push for that.