I simply start with the presumption of innocence, just on principle, that's not the same as saying that motor vehicle operators are not responsible for what they collide with, they generally are, but at the same time, to convict for murder, it must be "beyond a reasonable doubt", and in Virginia, Murder in the Second Degree requires proof of "malice", so at this point, based on the video, I still have reasonable doubt as to whether the driver was intending to commit murder with malice, or whether he was just trying to part the angry mob, essentially trying to scare them out of the way, and then simply miscalculated, actus reus is inhrehent, the driver crashed the car into the crowd, but murder with malice, would require more evidence as to mens rea.pineapplemike wrote:Smitty's manslaughter analysis seemed on the mark.
Unite the Right
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Re: Unite the Right
Nec Aspera Terrent
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Mens rea is fine but if it was a woman driver the courts would have to take into account mens truation as well.
Shikata ga nai
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I'm not convinced of murder, there are perhaps some plausible stories explaining the event, but none that are redeeming whatsoever.
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Too bad they didn't attack him in North Carolina where the law allows you to use deadly force with your vehicle if a riotous mob tries to ambush you like that.
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In any event, if he gets a manslaughter charge, shit gonna hit the fan.
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Riotous mob ambushed him? Nice.
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He's going to walk if they try to stick him with insane charges like terrorism.
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That's exactly what happened. Did you see the photos of them attacking with bats and lead pipes? That was Antifa. They were attacking innocent people all day.doc_loliday wrote:Riotous mob ambushed him? Nice.
Last edited by Speaker to Animals on Mon Aug 14, 2017 4:50 pm, edited 1 time in total.
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And thus the circle is complete.
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The guy can't afford an attorney and they haven't been able to provide a public defender for him. Atticus Finch couldn't help this guy--I'm not saying he's innocent--but he may not be as guilty as it seems. The police/prosecution could be fucking this thing up badly--inviting more mayhem. Trump should just come out and admit it's all his fault that that guy shot up that church so that all the statues had to come down.
"She had yellow hair and she walked funny and she made a noise like... O my God, please don't kill me! "