read what I wrote again genius. I didn't say first degree murder is limited to premeditated, I wrote that premeditated is first degree. I think I actually did sit through a full episode of law and order once, but really most of my legal education comes from my lawyer brother.Damn True said:Actually 1st degree murder is not limited to the usual "premeditated" as you are used to hearing in your legal education (most likely from watching Law & Order on TV). 1st degree also includes "felony murder" which by definition is a murder that takes place during the commision of a felony crime.
yes they do. but most often it happens with traffic accidents or involves other equiptment, in which it's both more easy to happen and more obvious it was a mistake. if a guy carrying a ladder turns around and swings it into an elderly woman, she could easily break some bones, which could end up in a lawsuit. though the guy did inflict bodily harm on her, he probably wouldn't face criminal charges because there obviously wasn't an intent to harm her.Damn True said:As for your assault definition....huh?
Nobody kicks another persons a$$ by mistake.
I actually am somewhat opposed to hate crime legislation on a personal level, but all I've contended is that there's a legal precident for evaluating motive as a means of determining sentencing and under our legal system as a whole that's how "right" and "wrong" are determined. you can't just say, "that's not right" and expect to change. the underlying idea behind the american legal system (though not always obvious) is that as a nation there are many moral backgrounds, and that the only morality you can defer to is the one that has been used by the courts before.Damn True said:If you were to assault a white male who is straight, I'm saying the penalty against you should be just as harsh as if you had assaulted a Jewish Lesbian Black Woman.
now personally, I think that is a much more interesting subject to debate: is a self-referential system appropriate for governing our lives? after 200 years of history is our system flexible enough, or are we becoming increasingly trapped in our own history while other countries are adapting to contemporary society more easily?