Yeah, I get that a lot: the recent thread about the woman cutting of her husband’s penis and running it through the garbage disposal, for example. I really want to change my name. I have no attachment (heh) to it, but I don’t think the Admin would allow it.
Yup, garbage disposal thread would be even super-creepier.
Why? Practice!
You’re welcome.
Felony murder?
So first degree includes the kidnapping, but second degree represents depraved indifference. Both are Class A-1 felonies meaning that this man, if convicted, won’t ever be free again. As for which sounds more dramatic, really, who gives a fuck.
Re-reading your cite,
I’m neither a lawyer nor a judge and my legal opinion means squat, but I read that as being applicable if the death occurred during the kidnapping, not after it was a done deal.
Dopers, please don’t rely on TV for definitions of crimes. Look at the applicable state laws, as they can vary from state to state. In New York State, murder in the second degree is no more nor no less a charge than murder in the first degree.
ETA: I still don’t know if you originally put the “!?” because you thought the charge was too light, Mince.
With such senseless tragedy, one can either laugh or cry. Especially since none of us I presume are connected to this terrible event, I choose to laugh.
I think psychopaths or sociopaths or whatever the fuck we’re supposed to call them can only be deterred by a personal threat to themselves. Jail is not enough. Swift merciful death is not enough. If people like him are subjected to honest-to-goodness medieval torture, it might be enough to make some of them think twice about dismembering kids.
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Re-reading your cite,I’m neither a lawyer nor a judge and my legal opinion means squat, but I read that as being applicable if the death occurred during the kidnapping, not after it was a done deal.
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What’s kidnapping according to the statute? I’m not a lawyer either, but it seems to me that kidnapping extends to the entire time the perpetrator holds the victim against his will, not just the precise moment where he grabs the victim. How many kidnapping perpetrators kill their victims in the instantaneous act of nabbing them and how could you prove kidnapping in that case?
[QUOTE=D_Odds]
Dopers, please don’t rely on TV for definitions of crimes. Look at the applicable state laws, as they can vary from state to state.
[/QUOTE]
Who is doing this? The site I linked to contained the actual language of the actual statute. Just because it may be listed on SouthPark.com, say, doesn’t make it any less valid.
[QUOTE=D_Odds]
ETA: I still don’t know if you originally put the “!?” because you thought the charge was too light, Mince.
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I used the symbology because, in my admittedly uniformed legal opinion, if kidnapping was an element of the crime that the statute allowed for the charge of first-degree murder. I’m pretty sure prosecutors don’t charge crimes based on the possibility of punishment alone. “We could charge first degree murder, but the penalty for second-degree murder is stiff enough; let’s just go for that.” Why have first-degree murder if the second-degree penalty will always be good enough?
Of course, this is just my novice legal opinion.
Really? You think the type of person who would kidnap, kill and dismember a kid, and store his feet in his refrigerator would give a single thought to the consequences of his actions? Insane people don’t think they’ll get caught. Shit, a lot of them don’t even know they’re doing something wrong. Drawing and quartering someone in the public square is supposed to dissuade them?
Give me a break.
I don’t think so. I think anyone who does something batshit crazy - killing kids, smoking cigarettes, parachuting for fun - is unlikely to be swayed by logic.
It might also have the unintended deleterious effect of removing from the gene pool Major Evil Nutjobs (the current technical medical term) who can restrain their more horrific impulses or who are less capable of avoiding detection, leaving us with really evil, really clever, really hard to catch and/or prosecute Major Evil Nutjobs.
This!
Even if they know they will personally face harsh consequences these guys often think they’re too clever to be caught and no one else is on their level.
Brooks Brothers?
That is a much more difficult issue. Do these hypothetical adults recycle? Do they declaw cats? Talk on cell phones while driving? In some cases, murder and butchery is downright mandatory in any polite, civil society.
Haha. :smack: When I Google something and misspell a word, Google asks me “Did you mean <the correct spelling>?” Why, yes Google, I did mean <that>. It knows what I mean even when I don’t. Pretty scary. Maybe one day this prescient technology can be applied to spell-checkers, sort of a context-checker. I would have caught that if “uniformed” wasn’t a word.
Was just guessing why second degree instead of first.
Other dopers throwing around the TV definition of first-degree murder as premeditated murder. It may be in some jurisdictions, but not every. You didn’t do this.
I’m guessing depraved indifference is why the DA chose second degree. The only other thing I can see is that the minimum sentence for first degree is “not less than twenty years nor more than twenty-five years”, while second degree minimum is life w/o parole. So the DA could have chosen based on the sentencing guidelines. I misspoke earlier, in that someone convicted of murder in the first degree could conceivably be released from prison after 20 years. ETA: Obviously, NYS takes murder in the 2nd more seriously.
Yeah, my sigh was actually kind of my way of laughing/groaning at him. I don’t know if Omega realized that when he dittoed me, though.
Yep. Plus, RO threads are fairly :rolleyes-worthy anyway, so the sooner they are hijacked and/or shat upon the better.
Especially the coy little spoiler box for THE WHOLE TERRIBLE STORY.
They were both Hassidic Jews. Bacon’s not kosher
Other Dopers have changed their screen names. Just email an Administrator to do so.
Why bother going through the trouble of cutting the kid up and hiding the body if you are just going to show the cops where it is the minute they walk in the door and ask politely? Make them work for it, dammit! Make them bring in a team of overly goodlooking FBI behaviour sepcilists. Make them drag the Crime Scene Investigator down to break you with stinging revelations on the evidence you left behind. Our taxes are paying for this stuff you know!