Woman Who Falsely Cried Rape Convicted of Manslaughter,harsh?

MC.no.spin · 05-04-08, 12:37 AM

Quote:

Originally Posted by CaptainCourtesy

The woman should be prosecuted and sentenced to the full extent of the law. Not only did her false cry of rape directly lead to her lover's death, but false rape accusations can make it more difficult to believe those who have really been raped, especially when a case gets media exposure.

I disagree.

The woman did not act premeditatively to have this man killed. In a moment of terror, she used terrible and reprehensible judgement in trying to escape her husband's wrath. She is absolutely guilty of involuntary manslaughter, but the full 20 years in prison would be extreme. 2 to 5 years is sufficient.

It's interesting her defense called no witnesses to try and at least build her character as a model citizen. The length of the sentence could reflect this omission.

CaptainCourtesy · 05-04-08, 12:42 AM

Quote:

Originally Posted by MC.no.spin

I disagree.

The woman did not act premeditatively to have this man killed. In a moment of terror, she used terrible and reprehensible judgement in trying to escape her husband's wrath. She is absolutely guilty of involuntary manslaughter, but the full 20 years in prison would be extreme. 2 to 5 years is sufficient.

It's interesting her defense called no witnesses to try and at least build her character as a model citizen. The length of the sentence could reflect this omission.

Premeditation is not a criteria for involuntary manslaughter. Again, I have no problem with her receiving more than the minimum, or the maximum. In a selfish act, her behavior lead, directly, to the man's death. If she was afraid of her husband, she had other avenues.

And I agree, the fact that her defense called no witnesses could negatively impact the sentence she receives.

MC.no.spin · 05-04-08, 12:51 AM

Quote:

Originally Posted by CaptainCourtesy

Premeditation is not a criteria for involuntary manslaughter. Again, I have no problem with her receiving more than the minimum, or the maximum. In a selfish act, her behavior lead, directly, to the man's death. If she was afraid of her husband, she had other avenues.

And I agree, the fact that her defense called no witnesses could negatively impact the sentence she receives.

Premeditation can take on different hues, however.

Take this example from Wiki:

Quote:

Involuntary manslaughter

Involuntary manslaughter, sometimes called criminally negligent homicide in the United States, gross negligence manslaughter in England and Wales or culpable homicide in Scotland occurs where there is no intention to kill or cause serious injury but death is due to recklessness or criminal negligence.

[edit] Recklessness

Recklessness or willful blindness is defined as a wanton disregard for the known dangers of a particular situation. An example of this would be a defendant throwing a brick off a bridge into vehicular traffic below. There exists no intent to kill; consequently, a resulting death may not be considered murder. However, the conduct is probably reckless, sometimes used interchangeably with criminally negligent, which may subject the principal to prosecution for involuntary manslaughter: the individual was aware of the risk of injury to others and willfully disregarded it.

In many jurisdictions, such as in California, if the unintentional conduct amounts to such gross negligence as to amount to a willful or depraved indifference to human life, the mens rea may be considered to constitute malice. In such a case, the charged offense may be murder, often characterized as second degree murder.

Manslaughter - Wikipedia, the free encyclopedia

In the example above, the individual recklessly threw a brick onto the freeway. Now that is just malicious disregard for the safety of others, where one's own survival was not under threat whatsoever.

In the case under discussion here, the woman may well have been fearing for her own life. She made a very wrong decision, and deserves punishment. However, her circumstances warrant at least some leniency in sentencing.

jamesrage · 05-04-08, 08:06 AM

Quote:

Originally Posted by MC.no.spin

It's interesting her defense called no witnesses to try and at least build her character as a model citizen. The length of the sentence could reflect this omission.

What kind of character can someone who cheats on their spouse have and falsely cry rape have?

MC.no.spin · 05-04-08, 09:19 AM

Quote:

Originally Posted by jamesrage

What kind of character can someone who cheats on their spouse have and falsely cry rape have?

That is precisely why they needed to show ANY positive contributions to society she may have.

The sentence gets handed down on Monday.

Reverend_Hellh0und · 05-04-08, 12:16 PM

Quote:

Originally Posted by CaptainCourtesy

The woman should be prosecuted and sentenced to the full extent of the law. Not only did her false cry of rape directly lead to her lover's death, but false rape accusations can make it more difficult to believe those who have really been raped, especially when a case gets media exposure.

........

/thread

talloulou · 05-04-08, 08:51 PM

Quote:

Originally Posted by Kandahar

Well, I think there's a distinction to be drawn between making a split-second decision to cry rape when caught in a bad situation, and maliciously going to the police and falsely accusing someone of rape. And by the time this case received media exposure, there wasn't really any doubt that she had not been raped.

So yes, she should be convicted of involuntary manslaughter. But I wouldn't say to the "full extent of the law" (meaning the maximum penalty), because she didn't personally kill him and she had no way of knowing that it would result in his death.

Oh I don't know. I figure there's a good chance, had she thought about it, she might've had a pretty good idea. Most women know whether or not their man has a gun and whether or not he'd pull it out in such an instance.

Kandahar · 05-04-08, 09:28 PM

Quote:

Originally Posted by talloulou

Oh I don't know. I figure there's a good chance, had she thought about it, she might've had a pretty good idea. Most women know whether or not their man has a gun and whether or not he'd pull it out in such an instance.

But that's the point. She probably DIDN'T think about it. She just made a split-second decision.

RightOfCenter · 05-04-08, 11:39 PM

Quote:

Originally Posted by rathi

This is an extreme sentence. Reasonably speaking, the only thing she is guilty of is conspiracy to commit battery. Claiming rape in that situation would have reasonably made her husband physically attack her lover given the circumstances. However, she could not have known that he husband would grab a gun and kill the man. Making that kind of claim in that situation would reasonably cause physical violence, but not death.

Second of all, how the hell did her husband escape prosecution? He is guilty of second degree murder and the charges were dropped? He killed an innocent man who was trying to drive away. His only reasoning were that his wife claimed to have been raped, which even if it were hypothetically true, would not have given him the justification to kill the man. Although it clearly was in the heat of the moment, he murdered an innocent man using completely unreasonable amounts of force.

The defense was correct in that she would not guilty of murder (thats not to say wasn't guilty of other charges) and that the true fault lies in her husbands inability to control his anger. There is a damn good reason why we don't allow vigilantism, and this is precisely the kinds of results in can bring.

What justification did the court use to drop the charges?

Are you kidding me? Her husband thought she was being raped and defended her like any other husband would. It was justified homicide and the jury was absolutely correct in letting him off.

talloulou · 05-04-08, 11:45 PM

Quote:

Originally Posted by Kandahar

But that's the point. She probably DIDN'T think about it. She just made a split-second decision.

It was a reckless decision. I think we can hold people accountable for acting recklessly.

View Poll Results: Was her sentence harsh, or just about right
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