tazzygirl -> RE: Spanked to death in the name of God? (8/21/2011 11:17:11 PM)
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actually timbit, it has fuck all to do with reading comprehension, it is a matter of being comprehensive <i know the words look similar but they are different>. i mentioned them to cover that base. If you would quit assuming you know it all when you dont, you wouldnt have that problem. Questions for clarification can be your friend. [;)] quote:
actually timbit, it has fuck all to do with reading comprehension, it is a matter of being comprehensive <i know the words look similar but they are different>. i mentioned them to cover that base. Sending a child up a tree to retrieve a frisbee has no intent of the child dying from the fall. However, anyone with common sense would realize the stupidity of that action and not send the kid up. Watching a toddler shove a fork into the wall socket doesnt indicate an intent to kill.. yet the minute the fork makes contact with current, death can happen. Beating someone with a hose can cause death, internal injuries with massive internal bleeding... dont need a medical degree to know that. You can try and worm your way out of that one.. wont work. quote:
as to them being able to read, that is the whole fucking problem now, isn't it. they read in the book how they should beat their kid with the 1/4" tubing, and that it was not only safe to do so, but both right and godly to do it. so i really don't fucking see how their degree literacy in any way supports your contention. Their reading literacy has everything to do with it. Im sorry you are not able to see that. Most child care books will explain the dangers of such actions. The precise definition of murder varies from jurisdiction to jurisdiction. Under the Common Law, or law made by courts, murder was the unlawful killing of a human being with malice aforethought. The term malice aforethought did not necessarily mean that the killer planned or premeditated on the killing, or that he or she felt malice toward the victim. Generally, malice aforethought referred to a level of intent or reck-lessness that separated murder from other killings and warranted stiffer punishment. The definition of murder has evolved over several centuries. Under most modern statutes in the United States, murder comes in four varieties: (1) intentional murder; (2) a killing that resulted from the intent to do serious bodily injury; (3) a killing that resulted from a depraved heart or extreme recklessness; and (4) murder committed by an Accomplice during the commission of, attempt of, or flight from certain felonies. Some jurisdictions still use the term malice aforethought to define intentional murder, but many have changed or elaborated on the term in order to describe more clearly a murderous state of mind. California has retained the malice aforethought definition of murder (Cal. Penal Code § 187 [West 1996]). It also maintains a statute that defines the term malice. Under section 188 of the California Penal Code, malice is divided into two types: express and implied. Express malice exists "when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature." Malice may be implied by a judge or jury "when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart." In Commonwealth v. LaCava, 783 N.E.2d 812 (Mass. 2003), the defendant, Thomas N. LaCava, was convicted of the deliberate, premeditated murder of his wife. LaCava admitted to the shooting and the killing, but he claimed that due to his diminished mental capacity, he could not form the requisite malice when he committed the killing, so as to be convicted of first degree murder. The Supreme Judicial Court of Massachusetts found that Massachusetts law permits psychiatric evidence to attack the premeditation aspect of murder. However, the judge's instructions to the jury regarding the definition of murder was sufficient to render the error harmless, according to the court. Many states use the California definition of implied malice to describe an unintentional killing that is charged as murder because the defendant intended to do serious bodily injury, or acted with extreme recklessness. For example, if an aggressor punches a victim in the nose, intending only to injure the victim's face, the aggressor may be charged with murder if the victim dies from the blow. The infliction of serious bodily injury becomes the equivalent of an intent to kill when the victim dies. Although the aggressor in such a case did not have the express desire to kill the victim, he or she would not be charged with assault, but with murder. To understand why, it is helpful to consider the alternative: When a person dies at the hands of an aggressor, it does not sit well with the public conscience to preclude a murder charge simply because the aggressor intended only to do serious bodily injury. Some murders involving extreme recklessness on the part of the defendant cause extreme public outrage. In People v. Dellinger, 783 P.2d 200 (Cal. 1989), the defendant, Leland Dellinger, was found guilty of the murder of his two-yearold stepdaughter. The primary cause of the child's death was a fractured skull caused by trauma to the head. However, other evidence showed that the child had large quantities of cocaine in her system when she died. Moreover, her mother discovered that the defendant had fed the child wine through a baby bottle. Due to the defendant's "wanton disregard for life," the verdict of murder was proper, according to the California Supreme Court. A person who unintentionally causes the death of another person also may be charged with murder under the depraved-heart theory. Depraved-heart murder refers to a killing that results from gross negligence. For example, suppose that a man is practicing shooting his gun in his backyard, located in a suburban area. If the man accidentally shoots and kills someone, he can be charged with murder under the depraved-heart theory, if gross Negligence is proven. http://legal-dictionary.thefreedictionary.com/Murder Since you wanted to bring up the legality of intent.
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