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Welcome to our newest member, loganttso2709 |
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05-16-2008, 02:37 PM
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Super Moderator
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
Posts: 18,668
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Quote:
Originally Posted by nittanyalum
So we can convict now on what one can assume someone was thinking? Terrifying.
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Most crimes have, since ancient English common law times included an element of intent.
In criminal statutes, you'll see words like "intentionally, knowingly, recklessly or negligently" as being a big part of the element of a crime. In latin, it's the mens rea, or the 'guilty mind.'
Murder in the first degree, for example, everyone knows that murder is "The intentional killing of another human being with malice aforethought." Half of the crime is the mental state.
The other half is the actus reus, the 'guilty act.'
But as I said above, in this particular case, this defendant's priors had a role to play. He had pled out and served 13 years for five counts of attempted murder... so this sentence, in my opinion is a public service. This man, if left in the general population will kill. He has shown before that he is capable of doing it and here, these facts, if true point out that he would have no qualms with passing a mostly fatal disease to his arresting officer.
This kind of trash deserves to be locked up.
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"EXCELLING WITH HONOR"
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Mu Tau 5, Central Oklahoma
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05-16-2008, 02:38 PM
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GreekChat Member
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Join Date: Dec 2007
Location: Potbelly's
Posts: 1,289
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Quote:
Originally Posted by DaemonSeid
It's a punishable crime if you knowingly try to spread HIV
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Hence the man in the OP getting 35 years for it.
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05-16-2008, 02:40 PM
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GreekChat Member
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Join Date: Sep 2007
Location: location, location... isn't that what it's all about?
Posts: 4,206
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Quote:
Originally Posted by DaemonSeid
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All the examples in your link are of people having unprotected sex, though.
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05-16-2008, 02:43 PM
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GreekChat Member
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Join Date: Dec 2001
Posts: 12,783
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But......say I was REALLY angry with somebody and tried to give them a concussion with a helium balloon. Y'all know good and daggone well a helium balloon is not going to give somebody a concussion.
Furthermore, I think if I was going to spit on someone, I'd aim for the face, too. I think, to be honest, the HIV in this case is incidental.
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05-16-2008, 02:45 PM
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GreekChat Member
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Join Date: Sep 2007
Location: location, location... isn't that what it's all about?
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Quote:
Originally Posted by Kevin
But as I said above, in this particular case, this defendant's priors had a role to play. He had pled out and served 13 years for five counts of attempted murder... so this sentence, in my opinion is a public service. This man, if left in the general population will kill. He has shown before that he is capable of doing it and here, these facts, if true point out that he would have no qualms with passing a mostly fatal disease to his arresting officer.
This kind of trash deserves to be locked up.
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I am in total agreement, trust me, I am not in any way trying to argue on behalf of this particular dirtball, I'm just trying to clarify if someone with HIV will automatically be assumed to be intending to harm by spitting in someone's face, even if it's just an in-the-heat-of-the-moment-reaction and the "intent" was just to show disrespect, versus someone who makes it verbally or otherwise patently clear that they're spitting in an attempt to "give" the person something.
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05-16-2008, 02:46 PM
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GreekChat Member
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Join Date: Sep 2007
Location: location, location... isn't that what it's all about?
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Quote:
Originally Posted by Senusret I
But......say I was REALLY angry with somebody and tried to give them a concussion with a helium balloon. Y'all know good and daggone well a helium balloon is not going to give somebody a concussion.
Furthermore, I think if I was going to spit on someone, I'd aim for the face, too. I think, to be honest, the HIV in this case is incidental.
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LOL @ the balloon scenario and re: the bolded part, that's what I'm trying to get to and have continually failed at, apparently.
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05-16-2008, 02:47 PM
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GreekChat Member
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Join Date: Dec 2001
Posts: 12,783
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^^^ I'm with you.
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05-16-2008, 02:48 PM
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GreekChat Member
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Join Date: May 2007
Location: In a house.
Posts: 9,564
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Quote:
Originally Posted by PhiGam
You have some e-anger issues
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If that is what you assume...but then hey you assumed there was an insanity plea too...
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Law and Order: Gotham - “In the Criminal Justice System of Gotham City the people are represented by three separate, yet equally important groups. The police who investigate crime, the District Attorneys who prosecute the offenders, and the Batman. These are their stories.”
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05-16-2008, 02:49 PM
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GreekChat Member
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Join Date: May 2007
Location: In a house.
Posts: 9,564
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Quote:
Originally Posted by PhiGam
Hence the man in the OP getting 35 years for it.
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Hey pretty swift kid you are....now you are catching up!
__________________
Law and Order: Gotham - “In the Criminal Justice System of Gotham City the people are represented by three separate, yet equally important groups. The police who investigate crime, the District Attorneys who prosecute the offenders, and the Batman. These are their stories.”
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05-16-2008, 02:51 PM
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GreekChat Member
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Join Date: May 2007
Location: In a house.
Posts: 9,564
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Quote:
Originally Posted by Senusret I
But......say I was REALLY angry with somebody and tried to give them a concussion with a helium balloon. Y'all know good and daggone well a helium balloon is not going to give somebody a concussion.
Furthermore, I think if I was going to spit on someone, I'd aim for the face, too. I think, to be honest, the HIV in this case is incidental.
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aww come on now man...a helium ballon.....unless it was filled with a virus...
__________________
Law and Order: Gotham - “In the Criminal Justice System of Gotham City the people are represented by three separate, yet equally important groups. The police who investigate crime, the District Attorneys who prosecute the offenders, and the Batman. These are their stories.”
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05-16-2008, 03:19 PM
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Super Moderator
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
Posts: 18,668
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Quote:
Originally Posted by nittanyalum
I am in total agreement, trust me, I am not in any way trying to argue on behalf of this particular dirtball, I'm just trying to clarify if someone with HIV will automatically be assumed to be intending to harm by spitting in someone's face, even if it's just an in-the-heat-of-the-moment-reaction and the "intent" was just to show disrespect, versus someone who makes it verbally or otherwise patently clear that they're spitting in an attempt to "give" the person something.
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My understanding is that this comes on the heels of a jury trial. There's a presumption of innocence in all criminal proceedings. So no, I don't think this is ever going to be an "automatic" assumption. A jury here found that the defendant intended to transmit the disease. This is a jury's finding -- no presumption of anything here (other than innocence).
__________________
SN -SINCE 1869-
"EXCELLING WITH HONOR"
S N E T T
Mu Tau 5, Central Oklahoma
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05-16-2008, 03:21 PM
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GreekChat Member
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Join Date: Dec 2001
Posts: 12,783
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Quote:
Originally Posted by DaemonSeid
aww come on now man...a helium ballon.....unless it was filled with a virus...
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Helium can kill you. That's a fact.
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05-16-2008, 03:45 PM
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GreekChat Member
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Join Date: Mar 2005
Location: Down the street
Posts: 9,791
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Quote:
Originally Posted by PhiGam
DST implied it... at least I felt so.
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You assumed so.
I know the difference between incapacitation defenses and insanity pleas.
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05-16-2008, 04:10 PM
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GreekChat Member
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Join Date: Oct 2007
Location: San Jose, CA
Posts: 4,419
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Quote:
Originally Posted by DaemonSeid
who said anything about an insanity plea?
R.I.F.
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Umm what does RIF mean when it's not Reading is Fundamental? Oh, unless that's what you mean, just not like the organization...
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05-16-2008, 04:17 PM
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GreekChat Member
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Join Date: Aug 2007
Posts: 651
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Quote:
Originally Posted by LucyKKG
Umm what does RIF mean when it's not Reading is Fundamental? Oh, unless that's what you mean, just not like the organization...
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I make the same Kappa-mistake when I see it sometimes, too. On GC it means Read It First (something I am all too often guilty of and all too often told to do).
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