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Death Penalty? Seriously?

Bodi

Bodi

Just waiting for my set...
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I am all for law and order but the Death Penalty?

Yes, they were reckless and dangerous and a man died and they must be held accountable. But Manslaughter. 5-10 in prison maybe for the actual thrower but a couple of them didn't do much. This seems like total overkill (pun intended).

Thoughts?

EDIT:

I think I got the DP part wrong. Apologies... murder. Charged with Murder. That is still overkill.
 
Bodhisattva said:


I am all for law and order but the Death Penalty?

Yes, they were reckless and dangerous and a man died and they must be held accountable. But Manslaughter. 5-10 in prison maybe for the actual thrower but a couple of them didn't do much. This seems like total overkill (pun intended).

Thoughts?

EDIT:

I think I got the DP part wrong. Apologies... murder. Charged with Murder. That is still overkill.
Click to expand...


My oldest son was driving from the Olympic Peninsula to Tacoma when he went under an overpass and a rock came through the windshield of his car. He wasn't hurt (thank God!) and the kids who did it were caught, but even bearing that my son was that close to being killed, I strongly disagree that those boys should be charged with murder. Manslaughter, yes, but not murder.
 
Bodhisattva said:


I am all for law and order but the Death Penalty?

Yes, they were reckless and dangerous and a man died and they must be held accountable. But Manslaughter. 5-10 in prison maybe for the actual thrower but a couple of them didn't do much. This seems like total overkill (pun intended).

Thoughts?

EDIT:

I think I got the DP part wrong. Apologies... murder. Charged with Murder. That is still overkill.
Click to expand...


Why would intentional acts that resulted in homicide not be murder?
 
Bodhisattva said:


I am all for law and order but the Death Penalty?

Yes, they were reckless and dangerous and a man died and they must be held accountable. But Manslaughter. 5-10 in prison maybe for the actual thrower but a couple of them didn't do much. This seems like total overkill (pun intended).

Thoughts?

EDIT:

I think I got the DP part wrong. Apologies... murder. Charged with Murder. That is still overkill.
Click to expand...


I see no difference between this and a random multiple drive by. They almost killed people and kept trying till they did. F'em and their parents.
 
Bodhisattva said:


I am all for law and order but the Death Penalty?

Yes, they were reckless and dangerous and a man died and they must be held accountable. But Manslaughter. 5-10 in prison maybe for the actual thrower but a couple of them didn't do much. This seems like total overkill (pun intended).

Thoughts?

EDIT:

I think I got the DP part wrong. Apologies... murder. Charged with Murder. That is still overkill.
Click to expand...


We are becoming zero tolerance for defects in humans, even youth, that this is sure to be bad for us we dont care, we need to get ready for UTOPIA.
 
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Hawkeye10 said:
We are becoming zero tolerance for defects in humans, even youth, that this is sure to be bad for us we dont care.
Click to expand...

Well considering we just elected our most defective president ever, I don’t think that is the case
 
Crovax said:
Well considering we just elected our most defective president ever, I don’t think that is the case
Click to expand...

The arrival of "NOT MY PRESIDENT!" on Nov 9 indicates otherwise.
 
Bodhisattva said:


I am all for law and order but the Death Penalty?

Yes, they were reckless and dangerous and a man died and they must be held accountable. But Manslaughter. 5-10 in prison maybe for the actual thrower but a couple of them didn't do much. This seems like total overkill (pun intended).

Thoughts?

EDIT:

I think I got the DP part wrong. Apologies... murder. Charged with Murder. That is still overkill.
Click to expand...


Not a capital crime, IMO.
 
I don’t know

Seems that pranks are getting worse....and this one caused someone to die

If it had been a member of my family that they killed, I wouldn’t be so inclined to show mercy

Should stupidity cause a teenager 20plus years of their life?

Manslaughter can have smaller penalties....torn on this....slap on the wrist sends a wrong message too
 
Bodhisattva said:
I am all for law and order but the Death Penalty?

Yes, they were reckless and dangerous and a man died and they must be held accountable. But Manslaughter. 5-10 in prison maybe for the actual thrower but a couple of them didn't do much. This seems like total overkill (pun intended).

Thoughts?

EDIT:

I think I got the DP part wrong. Apologies... murder. Charged with Murder. That is still overkill.
Click to expand...

2nd Degree. I'm not sure what the Michigan statutes are but, as a rule, it's homicide caused by reckless behavior so it sounds right to me.
 
The perps are accused of murder. But they're not up for the dealth penalty, TMK

gdgyva said:
I don’t know

Seems that pranks are getting worse....and this one caused someone to die

If it had been a member of my family that they killed, I wouldn’t be so inclined to show mercy

Should stupidity cause a teenager 20plus years of their life?

Manslaughter can have smaller penalties....torn on this....slap on the wrist sends a wrong message too
Click to expand...

Yah, they're charged with Murder, apparently. A man died, & it wasn't a one-off kind of deal. The footage shows a lot of rocks & debris @ the scene of the alleged murder - apparently other assaults by the same crew, & the clip talks about the same perps doing the same with car parts & rocks & similar @ another overpass. @ 32 ft./sec./sec., anything heavy dropped from an overpass is potentially deadly.

We can't have that, there are overpasses everywhere around cities & freeways, even out in the boonies. I don't know how much flexibility on charging there is in Michigan - if the DA decided the perps need to be made an example of (or there's an election coming up), he or she may have decided to go maximum John Law on them. If the charge is fairly automatic, then it isn't so much in the DA's hands, as in the Legislature's hands - the Leges across the country in the last 15 or 20 years like to restrict the judge's options on punishment, & sometimes they go so far as to specify how much leeway the DAs have as well, in charging the accused.

We'll just have to see. If it's any comfort, forensics can probably pin down who threw/dropped the heavier items, if the perps didn't wear gloves. Failing that, of course, the DA can charge them all. & I assume they're all charged the same, on analogy with the driver of a getaway car @ a bank robbery - if anyone is hurt or killed during the crime, they all get charged the same as if they pulled the trigger.

The maximum penalty the perps face is life in prison, according to the clip @ the URL - apparently the charges don't reach the gravity of the death penalty - or maybe MI doesn't have the death penalty. It's any ugly case, no matter how the actual trial(s) turn out.

God rest the soul of the deceased, & comfort his survivors & family & friends. The perps will have lots of time to ponder their choices of recreational activities. & they were apprehended @ a McDonald's? Really?
 
Lutherf said:
2nd Degree. I'm not sure what the Michigan statutes are but, as a rule, it's homicide caused by reckless behavior so it sounds right to me.
Click to expand...

Michigan Second-Degree Murder Law

In Michigan, second-degree murder is best described by what it is not. It's not a premeditated killing like first-degree murder, nor is felony murder, where a death happens during a very serious and violent felony listed in the statute such as kidnapping or carjacking. Second-degree murder is either:

An unplanned, intentional killing; or
A death caused by a reckless disregard for human life.

First degree murder requires that a defendant plan and intentionally carry out the killing, whereas second degree murder requires that the killing either be intentional or reckless, and occur in the spur of the moment.

For example, let's say Danica drives into a large crowd of people with her car. Maybe Danica only intended to scare people and watch them run away, but driving her car into a crowd demonstrates a grave disregard for human life. So if Dale and Jeff die as a result, Danica would likely be charged with second-degree murder.

Michigan’s Second-Degree Murder Statute

The following table highlights the main provisions of Michigan's second-degree murder laws.

Code Sections


Michigan Penal Code Section 750.317

What is Prohibited?


A non-premeditated killing, resulting from an assault or act intending in which death of the victim was a distinct possibility.

Penalty


Life imprisonment or a prison term of varying length with the possibility of parole.

Civil Case


Possible wrongful death lawsuit

Second-degree murder laws also encompass “impulsive killings with malice aforethought,” or killings that occur in the heat of the moment and don’t leave any time for premeditation on the part of the killer. Another type of second-degree murder are killings that are the result of a “depraved indifference to human life.” While different jurisdictions have different definitions for depraved indifference, it generally means that the perpetrator showed an utter disregard for the potential for injury or death in his or her actions. Some common defenses to second-degree murder include:

Insanity: defendant must prove that he or she was mentally unfit at the time of the killing, not available in all jurisdictions;
Self-defense: defendant must prove that he or she was not in a prohibited place, was not at fault in the situation, and had a reasonable fear of death or great bodily harm; and
Intoxication: defendant must prove they were involuntarily intoxicated (voluntary intoxication is generally not accepted as a defense).

Regardless of the circumstances or defenses, second-degree murder penalties can be severe.

Michigan Second-Degree Murder Laws - FindLaw
 
Fledermaus said:
And what if they merely fired an AK style weapon in the general direction of a crown and hit and killed someone?
Click to expand...

Not a good analogy
 
There's a reason why, for example, we don't try DWI deaths with murder. It's because they didn't intend to kill anybody. The prosecution must prove intent. I would want to throw away the key too but...I don't know. There actions were so horrific that I want them charged with murder anyway.

Sent from my Z833 using Tapatalk
 
gdgyva said:
I don’t know

Seems that pranks are getting worse....and this one caused someone to die

If it had been a member of my family that they killed, I wouldn’t be so inclined to show mercy

Should stupidity cause a teenager 20plus years of their life?

Manslaughter can have smaller penalties....torn on this....slap on the wrist sends a wrong message too
Click to expand...

Being charged with manslaughter isn't a slap on the wrist.
 
Fledermaus said:
Michigan Second-Degree Murder Law

In Michigan, second-degree murder is best described by what it is not. It's not a premeditated killing like first-degree murder, nor is felony murder, where a death happens during a very serious and violent felony listed in the statute such as kidnapping or carjacking. Second-degree murder is either:

An unplanned, intentional killing; or
A death caused by a reckless disregard for human life.

First degree murder requires that a defendant plan and intentionally carry out the killing, whereas second degree murder requires that the killing either be intentional or reckless, and occur in the spur of the moment.

For example, let's say Danica drives into a large crowd of people with her car. Maybe Danica only intended to scare people and watch them run away, but driving her car into a crowd demonstrates a grave disregard for human life. So if Dale and Jeff die as a result, Danica would likely be charged with second-degree murder.

Michigan’s Second-Degree Murder Statute

The following table highlights the main provisions of Michigan's second-degree murder laws.

Code Sections


Michigan Penal Code Section 750.317

What is Prohibited?


A non-premeditated killing, resulting from an assault or act intending in which death of the victim was a distinct possibility.

Penalty


Life imprisonment or a prison term of varying length with the possibility of parole.

Civil Case


Possible wrongful death lawsuit

Second-degree murder laws also encompass “impulsive killings with malice aforethought,” or killings that occur in the heat of the moment and don’t leave any time for premeditation on the part of the killer. Another type of second-degree murder are killings that are the result of a “depraved indifference to human life.” While different jurisdictions have different definitions for depraved indifference, it generally means that the perpetrator showed an utter disregard for the potential for injury or death in his or her actions. Some common defenses to second-degree murder include:

Insanity: defendant must prove that he or she was mentally unfit at the time of the killing, not available in all jurisdictions;
Self-defense: defendant must prove that he or she was not in a prohibited place, was not at fault in the situation, and had a reasonable fear of death or great bodily harm; and
Intoxication: defendant must prove they were involuntarily intoxicated (voluntary intoxication is generally not accepted as a defense).

Regardless of the circumstances or defenses, second-degree murder penalties can be severe.

Michigan Second-Degree Murder Laws - FindLaw
Click to expand...

Your own definition doesn't fit the bill. You'd have prove their intent was to kill someone.
 
Fishking said:
Your own definition doesn't fit the bill. You'd have prove their intent was to kill someone.
Click to expand...

Nope, only that they were indifferent to the possibility that their intentional action could cause death.

The third main type of second degree murder occurs when a victim dies as a result of the perpetrators depraved indifference to human life. Depraved indifference to human life can mean different things in different jurisdictions, but in general it signifies that the perpetrator had an utter disregard for the potential damage to human life that their actions could cause.
Click to expand...

Second Degree Murder Overview - FindLaw
 
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