Quote (thesnipa @ 9 Feb 2022 22:40)
and guns are meant to kill people, shooting someone with one as a gun owner and safe gun user should only be done if you assume you are willing to kill them, and yet shooting someone in the leg in many jurisdictions doesnt carry federal murder charges. its not like im saying the guy is innocent of all crime but arson, i'm saying i think the situation merits negligent manslaughter charges and that a decade of his life in prison is enough that im not up in arms about the sentencing even if i disagree with the motivation behind the sentencing.
why is nuance so hard for some of you NPCs? he set fire to a closed pawn shop, not an orphanage while the children were asleep.
This is a legal and/or philosophical question which is popping up time and time again: at which point does a case of negligent manslaughter become so egregious that it can no longer be discounted as negligence and should be prosecuted as intentional or premeditated?
Reminds me of a recent example where dudes were street racing through Berlin at 150 mph, hit and killed a pedestrian and were then sentenced for third-degree murder, rather than manslaughter, in a widely discussed ruling. The judge argued that engaging in this kind of activity invariably and intentionally puts the life of others at risk.
It's the same argument in this case right here: setting a mixed commercial-residential building on fire without checking that it's empty means that the defendant had consciously accepted the deadly risk of his arson, so that his action can no longer be excused by negligence.
I have to agree, however, that:
Quote (Goomshill @ 9 Feb 2022 21:36)
Under state law it would be 3rd degree murder, under federal law its first degree felony murder, ยง2A1.1.
third degree murder seems more reasonable according to my layman gut feeling than first degree.
Anyway, I'm of course with Goom on the actual issue: partisan justice, in which prosecutors treats cases differently based on the partisan motivation of a crime, is extremely dangerous and unacceptable. A colorblind judiciary is extremely important for a functioning society, no matter if we're talking about black/white or red/blue.
McConnell and the GOP should not open up the can or worms that is Jan 6th though. When you're trying to claim the moral high-ground on an issue, bringing up a similar issue on which you held the moral low-ground is not helping your case, to put it mildly.
This post was edited by Black XistenZ on Feb 9 2022 08:09pm