Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Kerberos
Simply goes to intent to commit murder, or at worst aggravating circumstances.

That would be true only if he survived the ordeal. However, he didn't, so this is more likely second-degree murder.

124 posted on 03/09/2002 5:45:24 AM PST by pray4liberty
[ Post Reply | Private Reply | To 116 | View Replies ]


To: pray4liberty
I wouldn't be so quick to judge this as a second degree murder. Sure, she didn't intend to put him through her windshield...but,

She's a nurse's assistant and she refused to give him aid over a two-day period? I'd argue that constitutes premeditation and malice aforethought with respect to anything that occurred after she drove home and sobered up...and I bet I could convince a jury to agree with me. At the least it is a depraved heart murder, but I think there is a strong argument for First Degree murder since she failed to render aid to him and had to know the eventual results of her deliberate inaction.

127 posted on 03/09/2002 5:51:42 AM PST by Abundy
[ Post Reply | Private Reply | To 124 | View Replies ]

To: pray4liberty
"That would be true only if he survived the ordeal"

I don't necessarily disagree with that, but whatever they finally charge her with there still has to be intent.

Without intent, mens rea, there cannot be a crime.

216 posted on 03/09/2002 7:50:24 AM PST by Kerberos
[ Post Reply | Private Reply | To 124 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson