You be the Judge: What is the appropiate punishment for something like this?

[Sirotnikov]

Originally posted by oedo
oh and btw., I know about 3 degrees of intend:

wanting that someone gets killed (1st degree=dolus directus I)
knowing that someone gets killed (2nd degree=dolus directus II)
not wanting and not knowing for sure, but approving that someone gets killed (3rd dregree= dolus eventualis)

I always wondered about that.


Can some one here expand on the different meanings of Murder, Manslaughter, Killing etc and the different degrees?

What does each mean?

[DinoDoc]

She was just found guilty of murder and tampering with evidence.

[Sprayber]

Originally posted by DinoDoc
She was just found guilty of murder and tampering with evidence.

[DinoDoc]

I'm somewhat curious what the sentence will be since they came back with the verdict so quickly.

[SlowwHand]

I imagine Life.

[PLATO]

Originally posted by SlowwHand
I imagine Life.

Since this wasn't a DP case, I think anything less would be a crime.

[DinoDoc]

Originally posted by SlowwHand
I imagine Life.

Does that mean 40 or 99 years?

[Sprayber]

The maximum that they can give her is life in prison. I would bet that since they took so little time to come to a conclusion that they will give her the max. I can't see any reason why they would take any pity on her..

[Imran Siddiqui]

There's no difference between this and any other hit-and-run cases for the most part, except that she tried to hide it afterward.

The 'except' part is the important one here . That makes is murder.

[MichaeltheGreat]

Originally posted by Sirotnikov


I always wondered about that.


Can some one here expand on the different meanings of Murder, Manslaughter, Killing etc and the different degrees?

What does each mean?

Different states in the US have different laws, at least in details and some of the terminology.

Homicide is a standard legal term, and it simply means killing of another human being, without any conclusion as to legality.

Using California as an example, you have:

(1) Murder in the first degree with special circumstances.

(2) Murder in the first degree

(3) Murder in the second degree

(4) Voluntary manslaughter

(4a) Felony vehicular manslaughter

(5) Involuntary manslaughter

(5b) Vehicular manslaughter.

Legally, you can have justifiable homicide (self defense or defense of others under prescribed conditions, or using minimum necessary force under conditions other than those presribed by statute) and accidental homicide, which is legal if the degree of negligence is insuffient for 5 or 5b.

(1) - This is California's DP/LWOP statute. You have to have the elements of Murder in the first degree, plus one or more of the following "special circumstances": Multiple murder; murder while lying in wait (ambush); murder in or arising from commission of kidnap, rape, armed robbery, burglary, arson, or sexual abuse of a minor under the age of 14; murder by poison; murder by torture; killing of a peace officer, corrections officer, parole officer, probation officer or paramedic or firefighter in connection with their duties; murder for hire; murder of an elected or appointed government official in connection with their office; murder of a witness, prospective witness, prosecutor, juror, or grand juror in connection with their judicial duties or testimony; murder based on race, ethnic origin, religion or nationality.

(2) - This is basic premeditated murder - there has to be advance intent to kill, some degree of planning of the killing OR the likelihood of killing the victim directly or in connection with another crime.

(3) - Murder without premeditation, but with intent to kill, or reckless disregard of the high likelihood of killing, to a degree more severe voluntary manslaugher.

(4) - Unlawful homicide due to either reckless disregard of the possibility of killing the victim (note reckless disregard of the possibility, as opposed to reckless disregard of the probability or likelihood of killing someone), or due to a "crime of passion" such that the the defendant was under a sufficient degree of immediate provocation or duress as to effectively negate the ability to form intent.

(4a) - Unlawful homicide in an automobile accident where the severity of the defendant's conduct (high level of intoxication, reckless driving, exhibition of speed) indicates a reckless disregard for the safety of others.

(5) - Unlawful homicide with a degree of neglect that exceeds ordinary carelessness (i.e. a degree of neglect that isn't reckless disregard, but derives from doing (or not doing) something which a reasonably prudent person would would know not to do (or to do if the negligence results from a failure to act).

(5b) - Unlawful homicide resulting from an auto accident where the defendant was responsible for the accident, and violation of one or more sections of the vehicle code was a proximate cause of the accident.

[Ming]

I agree

[SlowwHand]

I believe Life means 40, unless special provisions are made.

[Dis]

I kind of feel sorry for her.

Did you hear her crying? She obviously feels remorse about this.

They really should give her the mininum sentence.

Yes I know, I can't resist women crying. I can't explain it.

[PLATO]

Originally posted by Dissident
I kind of feel sorry for her.

Did you hear her crying? She obviously feels remorse about this.

They really should give her the mininum sentence.

Yes I know, I can't resist women crying. I can't explain it.

If she had the same reaction to the victims moans while he was bleeding to death stuck in her windshield then we might not be having this discussion.

She is crying because she got caught and convicted. Her remorse is not for the victim.

LWOP.

[MichaeltheGreat]

Diss - she kept it covered up cool as can be for four months. She got caught much later, because of a tip, and all those four months, she wasn't teary eyed and "remorseful."