Posted on 04/03/2018 5:46:51 PM PDT by Hojczyk
“Second degree murder is totally appropriate.”
Maybe, but not legal.
By definition.
More details at the link. This was horrific.
“Dig out a law book ...”
Second Degree Murder requires an intent to kill someone.
In every state of the Union.
Criminal Negligence...Manslaughter, at best.
“An analogy is getting drunk, getting behind the wheel and killing someone. “
That’s Manslaughter, or Murder in the 3rd degree.
Ah, we do have rubber room law today.
I would so love this to go to USSC and Gorsuch write a scathing majority opinion about people who opt for big obvious risks, finally losing that lottery after thousands of uses, then calling it murder.
So are a lot of car accidents
Did you get your law degree at Podunk u?
The result of modern “liberal” jurisprudence. George Washington would have doubtless said “You knew you were taking a chance and yet the thing worked remarkably well! I wish I could say the same of my oxcart!”
>>These guys were beyond reckless.
Murder is an intentional act. Even manslaughter requires a mens rea — a criminal mind, if you will. At worst, this is gross negligence.
I just read the Kansas murder statute.
They have 3 classifications, just like every other state.
Only theirs are;
Capital Murder (1st Degree)
First Degree (2nd degree everywhere else)
Second Degree (Manslaughter, or 3rd degree everywhere else)
It’s simple nomenclature here folks.
These guys are charged with Manslaughter. Negligent Homicide.
Remind yourself to get a good lawyer before you get into trouble.
Post the requirements for second degree murder, dude.
Your own link on Second Degree Murder says it require INTENT to kill someone.
Because that’s how almost every state defines it.
Kansas just names their thresholds differently.
As if the designer wanted to kill children. Pfffft.
Well that’s a weasel word — “extreme.” How about the ability of people to size up a risk and choose it? It looked big and gnarly dangerous didn’t it? It wasn’t like a playground slide with a hidden razor blade was it?
It’s only tradition that would keep abuse of this word from requiring 35 mph highways.
You are so wrong. Post the statute on first degree murder in kansas
Those arguing legal technicalities have ignored how the law has evolved. And it’s a reflection of a too-soft America.
Sue them a jillion dollars and take it out of service till a public review can be done.
But we knew “attractive nuisance” would evolve to this. If we can’t freely choose the bad, we can’t freely choose the good.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.