Originally posted by GePap
If we decide that motive is important enough to create a difference in scale between killing with a premeditated motive, and say, killing out of passion (the end result being the same), then can;t we then differentiate between motives as well?
If we decide that motive is important enough to create a difference in scale between killing with a premeditated motive, and say, killing out of passion (the end result being the same), then can;t we then differentiate between motives as well?
If you stab someone 400 times, skin what's left and mount it on your living room wall, and preserve the internal organs in your refrigerator, you're going to have a much tougher time selling the jury on a reduced offense, regardless of the crime of passion argument.
The other issue is that the intent of allowing motive to be part of the elements of lesser offenses isn't to make punishment harsher than it would be otherwise, it's to recognize that certain circumstances are mitigating, and thus a just result is to convict on the lesser offense.
Crime of passion example - woman finds out husband has been cheating, and embezzled from family business they both owned to pay for gifts for bimbo and put money into her account, such that the her and husband's business goes BK, but he doesn't care, he was going to dump her and shack up with piece of fluff - she goes ballistic, freaks out, and goes straightaway to kill his ass, with no delay, and no real effort to cover her tracks.
Same situation, but this time, the woman sets up an out of town trip for herself and hires a hitman to do the dirty work. One is a temporary loss of self-control under highly unusual circumstances, the other is a clearly planned out course of events.
It's a much greater difference in thought process than "I'm going to waste this queer for hitting on me" than "I'm going to waste this loser ******* because he doesn't have enough money for me to steal to get high on" One is rationality vs. lack of rationality, the other is callous disregard due to bigotry, vs. callous disregard period.
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