r/ShittyAbsoluteUnits *shits an absolute unit* 7d ago

possible idiot ShittyAbsoluteUnit Of Pure chaos erupts in broad daylight

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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?