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Joined: Apr 2005
Posts: 30,935 Likes: 1
Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
Posts: 30,935 Likes: 1 |
In the criminal sense it is also and I'll make a prediction and that is "mistake of fact" will not be used by her lawyer at the trial
So you don't believe the defense will claim that she mistook her Glock for her Taser? You could be right. There is no obligation on the part of the defense to make any defensive claim whatsoever. I think you're wrong, though. At some point it will be part of the defense. Will not help, her negligence over shadows her mistake
I got banned on another web site for a debate that happened on this site. That's a first
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Joined: Apr 2005
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
Posts: 30,935 Likes: 1 |
"The Model Penal Code recognizes four different levels of mens rea: purpose (same as intent), knowledge, recklessness and negligence."
Notice the word "NEGLIGENCE "
Sure, but it has a different definition when used in the criminal context, such as when it's an element in criminal negligence. It pretty much amounts to recklessness. "Criminal negligence refers to conduct in which a person ignores a known or obvious risk, or disregards the life and safety of others. Federal and state courts describe this behavior as a form of recklessness, where the person acts significantly different than an ordinary person under similar circumstances." She ignored the obvious risk of not knowing the difference between a taser and a pistol
I got banned on another web site for a debate that happened on this site. That's a first
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Joined: Jun 2002
Posts: 131,706 Likes: 17
Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,706 Likes: 17 |
She ignored the obvious risk of not knowing the difference between a taser and a pistol
Again, if your assertion is that, at the moment she pulled the trigger, she knew the difference between her Glock and her Taser, then what you're arguing is not criminal negligence, but plain old first degree murder.
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Joined: Apr 2005
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
Posts: 30,935 Likes: 1 |
She ignored the obvious risk of not knowing the difference between a taser and a pistol
Again, if your assertion is that, at the moment she pulled the trigger, she knew the difference between her Glock and her Taser, then what you're arguing is not criminal negligence, but plain old first degree murder. I have consistently argued her negligence, so how do you make this giant leap?
I got banned on another web site for a debate that happened on this site. That's a first
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Joined: Jun 2002
Posts: 131,706 Likes: 17
Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,706 Likes: 17 |
She ignored the obvious risk of not knowing the difference between a taser and a pistol
Again, if your assertion is that, at the moment she pulled the trigger, she knew the difference between her Glock and her Taser, then what you're arguing is not criminal negligence, but plain old first degree murder. I have consistently argued her negligence, so how do you make this giant leap? Okay.
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Joined: Aug 2007
Posts: 115,424 Likes: 13
Campfire Sage
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Campfire Sage
Joined: Aug 2007
Posts: 115,424 Likes: 13 |
She ignored the obvious risk of not knowing the difference between a taser and a pistol
Again, if your assertion is that, at the moment she pulled the trigger, she knew the difference between her Glock and her Taser, then what you're arguing is not criminal negligence, but plain old first degree murder. I have consistently argued her negligence, so how do you make this giant leap? Because TRH and PaulBarnard are contrarians. They don’t actually know anything and they don’t have any real experience with the subjects they argue. They just do it to do it. That’s why it’s all circular and stupid.
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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Joined: Oct 2004
Posts: 26,562 Likes: 17
Campfire Ranger
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Campfire Ranger
Joined: Oct 2004
Posts: 26,562 Likes: 17 |
She ignored the obvious risk of not knowing the difference between a taser and a pistol
Again, if your assertion is that, at the moment she pulled the trigger, she knew the difference between her Glock and her Taser, then what you're arguing is not criminal negligence, but plain old first degree murder. I have consistently argued her negligence, so how do you make this giant leap? Because TRH and PaulBarnard are contrarians. They don’t actually know anything and they don’t have any real experience with the subjects they argue. They just do it to do it. That’s why it’s all circular and stupid. Thanks again for the enlightening commentary. Let me clue you in Sparky. I am not arguing anything here. I am asking for a value judgement from the members by asking if jail is the right response to human fallibility. Is jail the right thing for a motorist rear ends and kills a bicyclist in broad daylight.
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Joined: Dec 2002
Posts: 25,919 Likes: 2
Campfire Ranger
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Campfire Ranger
Joined: Dec 2002
Posts: 25,919 Likes: 2 |
Well, how many bicyclists and pedestrians should we let him kill before we send him to jail? In Your opinion.
People who choose to brew up their own storms bitch loudest about the rain.
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Joined: Apr 2005
Posts: 30,935 Likes: 1
Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
Posts: 30,935 Likes: 1 |
She ignored the obvious risk of not knowing the difference between a taser and a pistol
Again, if your assertion is that, at the moment she pulled the trigger, she knew the difference between her Glock and her Taser, then what you're arguing is not criminal negligence, but plain old first degree murder. I have consistently argued her negligence, so how do you make this giant leap? Because TRH and PaulBarnard are contrarians. They don’t actually know anything and they don’t have any real experience with the subjects they argue. They just do it to do it. That’s why it’s all circular and stupid. Thanks again for the enlightening commentary. Let me clue you in Sparky. I am not arguing anything here. I am asking for a value judgement from the members by asking if jail is the right response to human fallibility. Is jail the right thing for a motorist rear ends and kills a bicyclist in broad daylight. Apparently the legislator thinks so
I got banned on another web site for a debate that happened on this site. That's a first
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Joined: Apr 2005
Posts: 30,935 Likes: 1
Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
Posts: 30,935 Likes: 1 |
Well, how many bicyclists and pedestrians should we let him kill before we send him to jail? In Your opinion. LOL
I got banned on another web site for a debate that happened on this site. That's a first
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Joined: Aug 2007
Posts: 115,424 Likes: 13
Campfire Sage
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Campfire Sage
Joined: Aug 2007
Posts: 115,424 Likes: 13 |
She ignored the obvious risk of not knowing the difference between a taser and a pistol
Again, if your assertion is that, at the moment she pulled the trigger, she knew the difference between her Glock and her Taser, then what you're arguing is not criminal negligence, but plain old first degree murder. I have consistently argued her negligence, so how do you make this giant leap? Because TRH and PaulBarnard are contrarians. They don’t actually know anything and they don’t have any real experience with the subjects they argue. They just do it to do it. That’s why it’s all circular and stupid. Thanks again for the enlightening commentary. Let me clue you in Sparky. I am not arguing anything here. I am asking for a value judgement from the members by asking if jail is the right response to human fallibility. Is jail the right thing for a motorist rear ends and kills a bicyclist in broad daylight. Yes I think prosecutors should have the ability to charge people that accidentally kill other people. Is that clear enough for you?
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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Joined: Oct 2004
Posts: 26,562 Likes: 17
Campfire Ranger
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Campfire Ranger
Joined: Oct 2004
Posts: 26,562 Likes: 17 |
Well, how many bicyclists and pedestrians should we let him kill before we send him to jail? In Your opinion. Absent any aggravating factors, I believe revoking a license is the right course of action for a first time offender. As it stands, the norm is that a motorist who is at fault in a crash that kills a cyclist rarely ever suffers any punishment. Most often, not even a ticket.
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Joined: Oct 2004
Posts: 26,562 Likes: 17
Campfire Ranger
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Campfire Ranger
Joined: Oct 2004
Posts: 26,562 Likes: 17 |
She ignored the obvious risk of not knowing the difference between a taser and a pistol
Again, if your assertion is that, at the moment she pulled the trigger, she knew the difference between her Glock and her Taser, then what you're arguing is not criminal negligence, but plain old first degree murder. I have consistently argued her negligence, so how do you make this giant leap? Because TRH and PaulBarnard are contrarians. They don’t actually know anything and they don’t have any real experience with the subjects they argue. They just do it to do it. That’s why it’s all circular and stupid. Thanks again for the enlightening commentary. Let me clue you in Sparky. I am not arguing anything here. I am asking for a value judgement from the members by asking if jail is the right response to human fallibility. Is jail the right thing for a motorist rear ends and kills a bicyclist in broad daylight. Yes I think prosecutors should have the ability to charge people that accidentally kill other people. Is that clear enough for you? Nope. It was another mealy mouth dodge. I didn't ask if anyone thinks the prosecutor should have the ability to charge.
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Joined: Apr 2005
Posts: 30,935 Likes: 1
Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
Posts: 30,935 Likes: 1 |
Well, how many bicyclists and pedestrians should we let him kill before we send him to jail? In Your opinion. Absent any aggravating factors, I believe revoking a license is the right course of action for a first time offender. As it stands, the norm is that a motorist who is at fault in a crash that kills a cyclist rarely ever suffers any punishment. Most often, not even a ticket. I've never seen a person with a revoked driver's license not continue to drive. Not much of a deterrent for a homicide
I got banned on another web site for a debate that happened on this site. That's a first
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Joined: Aug 2007
Posts: 115,424 Likes: 13
Campfire Sage
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Campfire Sage
Joined: Aug 2007
Posts: 115,424 Likes: 13 |
This thread is so fugking funny.
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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Joined: Jun 2012
Posts: 17,101
Campfire Ranger
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Campfire Ranger
Joined: Jun 2012
Posts: 17,101 |
Well, how many bicyclists and pedestrians should we let him kill before we send him to jail? In Your opinion. Absent any aggravating factors, I believe revoking a license is the right course of action for a first time offender. As it stands, the norm is that a motorist who is at fault in a crash that kills a cyclist rarely ever suffers any punishment. Most often, not even a ticket. if it rids the world of those sillya ssed outfits, give the driver a medal
The government plans these shootings by targeting kids from kindergarten that the government thinks they can control with drugs until the appropriate time--DerbyDude
Whatever. Tell the oompa loompa's hey for me. [/quote]. LtPPowell
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Joined: Dec 2002
Posts: 25,919 Likes: 2
Campfire Ranger
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Campfire Ranger
Joined: Dec 2002
Posts: 25,919 Likes: 2 |
n Well, how many bicyclists and pedestrians should we let him kill before we send him to jail? In Your opinion. Absent any aggravating factors, I believe revoking a license is the right course of action for a first time offender. As it stands, the norm is that a motorist who is at fault in a crash that kills a cyclist rarely ever suffers any punishment. Most often, not even a ticket. Another case in point. A few years ago. my son in law was driving down a residential street, obeying every traffic law. Am eight or nine year old boy PUSHING a bicycle darted out from between two cars in the middle of the block and crossed in front of the car. My son in law struck the bike as the kid dropped it in front of his car, but managed to miss the kid. Son in Law paid a ticket AND brought a new bike to court for the judge to inspect before handing it over to the kid.
People who choose to brew up their own storms bitch loudest about the rain.
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Joined: Apr 2018
Posts: 8,672 Likes: 9
Campfire Outfitter
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Campfire Outfitter
Joined: Apr 2018
Posts: 8,672 Likes: 9 |
But the cop that couldn't get the cuffs on the kid should be flipping burgers in McDonalds.
I'd be real cautious about passing that judgement. Unless you've put cuffs on struggling subjects a few dozen times in your life. Lol half these numbnuts have never been in a fight, much less been in a position requiring them to physically make another grown ass man do something he is hell bent on not doing.
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Joined: Aug 2002
Posts: 37,906 Likes: 2
Campfire 'Bwana
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Campfire 'Bwana
Joined: Aug 2002
Posts: 37,906 Likes: 2 |
Another case in point. A few years ago. my son in law was driving down a residential street, obeying every traffic law.
Am eight or nine year old boy PUSHING a bicycle darted out from between two cars in the middle of the block and crossed in front of the car. My son in law struck the bike as the kid dropped it in front of his car, but managed to miss the kid.
Son in Law paid a ticket AND brought a new bike to court for the judge to inspect before handing it over to the kid. The story is the guy who accidentally ran over John Gotti’s kid that same way was later cut in half with a chain saw.
"...if the gentlemen of Virginia shall send us a dozen of their sons, we would take great care in their education, instruct them in all we know, and make men of them." Canasatego 1744
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Joined: Jun 2002
Posts: 131,706 Likes: 17
Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,706 Likes: 17 |
Well, how many bicyclists and pedestrians should we let him kill before we send him to jail? In Your opinion. If someone is authentically having repeated accidents, and causing injury each time, it would likely be time to take away his license, because he's likely got a neurological issue. But if there's no malice or recklessness that's behind it, there's no criminal fault, just civil liability.
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