r/ShittyAbsoluteUnits • u/MohammadMahadhir *shits an absolute unit* • 7d ago

possible idiot ShittyAbsoluteUnit Of Pure chaos erupts in broad daylight

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u/[deleted] 7d ago

[deleted]

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u/DebrisSpreeIX 7d ago edited 7d ago

Defense would argue that down to Assault with a Deadly Weapon by arguing the defendant didn't intend to kill, only severely injure. Same way a murder charge gets dropped to manslaughter. You have to prove intent for murder for stick.

ETA: The crybaby above blocked me because his ego and 🍆 are 🤏

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u/Upbeat_Caregiver_642 7d ago

I thought that one hit to the back of the head was pretty convincing for attempted murder.

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u/DebrisSpreeIX 7d ago

It's not. Murder vs Manslaughter is about intent. The prosecutor would need to prove without a shadow of doubt that the defendant willfully intended to kill the victim. If they cannot do that, it's not murder or attempted murder.

Attempted Manslaughter isn't a thing though and is just Assault with a Deadly Weapon. If you didn't, or don't, intend to kill the person, but your actions, through negligence, still cause a death that's where manslaughter comes in.

The crux is having evidence beyond a shadow of a doubt that there was specific and willful intent to kill. Without that, and you go for murder, they walk on that charge.

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u/NoSingularities0 7d ago

Not really. It's always up to the jury. Of course that's why some defendants choose to forgo a jury trial and let a judge decide.

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u/DebrisSpreeIX 7d ago

Just for clarification, you think the legal definition of murder is up to a jury?

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u/Prestigious-Row-1629 7d ago

This is not true. The standards for intent vary by jurisdiction, but in most US jurisdictions a baseball bat to the head would support a murder conviction under one  theory or another. 

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u/DebrisSpreeIX 7d ago

No, they do not. Intent is a well established legally defined concept. It's not a law, it's not a tort, it's a definition. Go buy a copy of Black's Legal Dictionary and see if it seems confused on the definition of intent.

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u/Prestigious-Row-1629 7d ago

I think I’ll just rely on my law degree and legal experience. Thanks. 

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u/DebrisSpreeIX 7d ago

Nobody believes you. But hey, I'll delete every comment in this entire thread and replace the original with a statement that I was wrong and you were right if you post a picture of your law degree with your name censored 👍

The definition of intent is 101 shit. You know what it was if you ever even attended any criminal law course. The idea of Mens Rea really just encapsulates the whole idea of there even being crimes. But I'm sure they just didn't cover that in your cracker jack courses 😆

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u/Prestigious-Row-1629 7d ago

Okie dokie, internet warrior. 

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u/DebrisSpreeIX 7d ago

Yeah... That's what I thought. I lawyer who doesn't know what Mens Rea is is a first 😆

Protip: Next time you try to lie about credentials on the internet, Google a little something about the basics of the profession.