Does this punishment fit the crime?

[Evil_Death]

@Ellis Dee

If you intend to harm or kill somebody, and they die, that’s murder.

No - if you intend to kill them, it’s murder. If your intent is to harm and they die of it, it’s not. IANALE, but in legalese I believe that when someone dies of injuries that weren’t intended to be fatal (e.g. if I shoot you in the leg and you bleed to death before you can get medical attention) it’s first degree manslaughter.

[CynicalGabe]

That’s precisely why he has to be punished.

I absolutely agree.

[Ottenok]

If I may take the role of Javert for a moment or two…

What the rapist did was wrong, and punishable by law.

What the son did was wrong, and punishable by law.

If I may now take the role of a judge, the son probably shouldn’t get the full brunt of murdering someone thrown at him, but he should still be sentenced along the lines of crimes of passion (eg, a lighter sentence with some probationary period).

Just because you think the crime was justified does not mean the law does not apply, especially with murder. I’m sure there are thousands of cases where murder may be justified, but that does not mean it should be done.

As for genitle mutilation as punishment… While the idea is appealing, I can’t say I would back it as a law. Maybe if we were in Saudi Arabia (or Iraq in 10 years). But not in accordance with US law and civilization. It would be something of a leap backwards in thinking, even if it were some form of fancy chemical castration bandied about.

[EllisDee]

@Evil Death

No - if you intend to kill them, it’s murder. If your intent is to harm and they die of it, it’s not. IANALE, but in legalese I believe that when someone dies of injuries that weren’t intended to be fatal (e.g. if I shoot you in the leg and you bleed to death before you can get medical attention) it’s first degree manslaughter.

We need a legal expert to answer this one, because I was positive this wasn’t the case, and you seem pretty sure it is.

I’d say if you accidentally shot the guy in the leg and he bleeds out, it’s manslaughter. If you intentionally shot him in the leg and he bleeds out, it’s murder.

Instead of guessing, does anybody have actual knowledge of this, or even better, a cite?

[Tenar]

@Ellis Dee

However, if the man were taken to trial, acquitted, and the mother and son still truly believed in their heart that he was guilty, I’d be willing to go manslaughter on the conviction, assuming the same confrontation. Going immediately for street justice must be discouraged above all else. Correcting a failure of the system? Sometimes a man’s gotta do what a man’s gotta do, and sometimes a man’s gotta do jail time. That’s just the way it is. Unfortunately, in this case, he never let the system have a crack at the guy. Not cool in any way.

Let me understand this.

If a 16 year old, who we will assume for the moment genuinely believes that his mother has been raped and that he is in the presence of the rapist and that the rapist is taunting him, takes a swing at the guy with a cricket bat and causes his death, it is TERRIBLE, TERRIBLE, TERRIBLE.

If the same 16 year old waits for the alleged rapist to be **tried and acquitted ** by a jury of his peers, then cold-bloodedly “corrects a failure of the system” because he disagrees with the verdict, that’s not as bad because “a man’s gotta do what a man’s gotta do”?

So premeditated murder is better than a crime of passion, in your opinion? I am perplexed.

[EllisDee]

@Tenar

So premeditated murder is better than a crime of passion, in your opinion? I am perplexed.

I’m not saying Nicole’s family should kill O.J.

I’m saying I’d understand.