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  #61 (permalink)  
Old 06-04-2008
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Re: Mom 'Thrilled' Over MySpace Indictment as Neighbor Prepares to Surrender

...uh..what if someone calls someone a pedophile falsely, and the person commits suicide? What if the person also knows that the victim is a vulnerable individual, perhaps psychotic?

You guys have a strange idea of the law. By your reasoning any burglar who didn't mean to kill his victim should get off with burglary alone. If I take an illegal action (and a grownup bullying a child is assault, which is illegal) and that action directly results in a human death, and I was in a position to know it might and did it anyway, I am arguably guilty of "depraved indifference" and therefore manslaughter at the least. If I knew it well enough that it can be proven I meant to kill someone it's Murder One. It doesn't really matter by whose hand the act was done. People have been successfully prosecuted for driving others to suicide.

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Originally Posted by Ash View Post
There is nobody to blame in this child's death but the child herself. She chose suicide, nobody and I mean NOBODY chose it for her.
You're endowed with ESP? You know for certain that the woman who did the bullying didn't actually intend for this to happen?

The victim was 13, the assailant well over 21, the law makes provision for enhanced protection of youth as vulnerable parties in re contracts, sex, etc. Why not here?

Last edited by John Drake; 06-04-2008 at 10:53 AM.
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  #62 (permalink)  
Old 06-04-2008
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Re: Mom 'Thrilled' Over MySpace Indictment as Neighbor Prepares to Surrender

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Originally Posted by John Drake View Post
...uh..what if someone calls someone a pedophile falsely, and the person commits suicide? What if the person also knows that the victim is a vulnerable individual, perhaps psychotic?
Then perhaps her parents should have acted as such and gotten her the help that she apparently needed.

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You guys have a strange idea of the law. By your reasoning any burglar who didn't mean to kill his victim should get off with burglary alone.
Terrible analogy, when a burglar accidentally kills someone, it is still the burglar's doing. When someone commits suicide, it is their choice and theirs alone, period.

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Originally Posted by John Drake View Post
If I take an illegal action (and a grownup bullying a child is assault, which is illegal) and that action directly results in a human death, and I was in a position to know it might and did it anyway, I am arguably guilty of "depraved indifference" and therefore manslaughter at the least. If I knew it well enough that it can be proven I meant to kill someone it's Murder One.
All speculation.

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It doesn't really matter by whose hand the act was done.
Of course it does, it is called personal responsibility.

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Originally Posted by John Drake View Post
People have been successfully prosecuted for driving others to suicide.
A travesty of justice caused by people (parents) unwilling to take responsibility for their own action (or lack thereof).

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Originally Posted by John Drake View Post
You're endowed with ESP?
I don't believe in magic.

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Originally Posted by John Drake View Post
You know for certain that the woman who did the bullying didn't actually intend for this to happen?
Irrelevant, this woman did not force her will upon this child. The girl chose to die.

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Originally Posted by John Drake View Post
The victim was 13, the assailant well over 21, the law makes provision for enhanced protection of youth as vulnerable parties in re contracts, sex, etc. Why not here?
Perhaps the girl's parents should have acted like parents and gotten her the help she needed. But no, they would rather let her die and then try to blame someone else. Typical.
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  #63 (permalink)  
Old 06-04-2008
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Re: Mom 'Thrilled' Over MySpace Indictment as Neighbor Prepares to Surrender

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Originally Posted by John Drake View Post
If I take an illegal action (and a grownup bullying a child is assault, which is illegal) and that action directly results in a human death, and I was in a position to know it might and did it anyway, I am arguably guilty of "depraved indifference" and therefore manslaughter at the least.
The operative word here is "directly".

If you get behind the wheel of a car when you're drunk, and you drive into a crowd of people and kill someone, the death is a direct result of your illegal action.

In the case being discussed here, there was no direct action performed by the adult which directly led to the teenager's death...
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  #64 (permalink)  
Old 06-04-2008
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Re: Mom 'Thrilled' Over MySpace Indictment as Neighbor Prepares to Surrender

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The operative word here is "directly".

If you get behind the wheel of a car when you're drunk, and you drive into a crowd of people and kill someone, the death is a direct result of your illegal action.

In the case being discussed here, there was no direct action performed by the adult which directly led to the teenager's death...
Which she will probably argue. I would disagree were I judge or juror.

If I know someone has a phobia of spiders, throw a large and hairy, but ultimately harmless, tarantula into bed with them, and they die of fright; you want to just have good laugh with them?

Let's say you know that someone has a family member in the hospital and you call them with false info that person just died? You wouldn't find that culpatory if they then committed suicide? (assuming they had good reason to believe you)

Additionally, adults in authority are routinely held liable for actions of children under their care. In this case they woman was not an appointed authority but stepped into the position by her actions, so she seems at fault to me.

Let's say some children come by your house, they ask if the downed power wires nearby are live and thus dangerous. You answer "of course not," and then laugh riotously as they're electrocuted. You shouldn't be arrested?
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  #65 (permalink)  
Old 06-04-2008
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Re: Mom 'Thrilled' Over MySpace Indictment as Neighbor Prepares to Surrender

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If I know someone has a phobia of spiders, throw a large and hairy, but ultimately harmless, tarantula into bed with them, and they die of fright; you want to just have good laugh with them?
Another really bad analogy. In this hypothetical case, you have directly acted in a way to cause this person's death, albeit accidentally (presumably you weren't trying to kill them).

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Let's say you know that someone has a family member in the hospital and you call them with false info that person just died? You wouldn't find that culpatory if they then committed suicide? (assuming they had good reason to believe you)
If they commit suicide over a family member's death then they are obviously mentally ill and did not get the help that they needed, nor did their family step in and help. No you are not culpable (but you are definitely a scumbag).

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Additionally, adults in authority are routinely held liable for actions of children under their care. In this case they woman was not an appointed authority but stepped into the position by her actions, so she seems at fault to me.
Yes she is an awful person. No she is not a murderer.


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Let's say some children come by your house, they ask if the downed power wires nearby are live and thus dangerous. You answer "of course not," and then laugh riotously as they're electrocuted. You shouldn't be arrested?
The sparks coming out of the wire wouldn't answer the question for them? How about the charred and burning grass around the wire? Again, only a complete shit head would do such a thing (and this lady certainly is that), but again a small amount of personal responsibility on the part of the children (and perhaps the parents in explaining to their kids the dangers of high tension lines) would prevent this tragedy.

Suicide is ALWAYS a choice made by the person committing suicide, period.
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  #66 (permalink)  
Old 06-04-2008
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Re: Mom 'Thrilled' Over MySpace Indictment as Neighbor Prepares to Surrender

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Another really bad analogy. In this hypothetical case, you have directly acted in a way to cause this person's death, albeit accidentally (presumably you weren't trying to kill them).



If they commit suicide over a family member's death then they are obviously mentally ill and did not get the help that they needed, nor did their family step in and help. No you are not culpable (but you are definitely a scumbag).



Yes she is an awful person. No she is not a murderer.




The sparks coming out of the wire wouldn't answer the question for them? How about the charred and burning grass around the wire? Again, only a complete shit head would do such a thing (and this lady certainly is that), but again a small amount of personal responsibility on the part of the children (and perhaps the parents in explaining to their kids the dangers of high tension lines) would prevent this tragedy.

Suicide is ALWAYS a choice made by the person committing suicide, period.
Why is the first a bad analogy? How is the action of the woman, in posing as someone else to gain her victim's confidence and then acting in just the manner that would make a depressed person commit suicide, any less direct than throwing a spider into bed with them.

So..the mentally ill and those without helpful family are fair game for cruel pranks, as are small children who don't know the danger signs of downed wires (which don't often show any of the danger signs you mention)?

Look, if I take an action which I reasonably knew (or should have known) could have killed someone and they die because of it then I can be held responsible, whether it was the direct precipitate cause is irrelevant, otherwise the old argument "well I didn't kill them, I just contracted their death" is valid.

The question here is whether the woman could or should have known the girl might commit suicide. The prosecution has to prove this was a reasonable expectation, given the circumstances
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  #67 (permalink)  
Old 06-04-2008
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Re: Mom 'Thrilled' Over MySpace Indictment as Neighbor Prepares to Surrender

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Which she will probably argue. I would disagree were I judge or juror.
No shit...

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If I know someone has a phobia of spiders, throw a large and hairy, but ultimately harmless, tarantula into bed with them, and they die of fright; you want to just have good laugh with them?
Are you going to start belching out idiotic "what if" scenarios?

Quote:
Let's say you know that someone has a family member in the hospital and you call them with false info that person just died? You wouldn't find that culpatory if they then committed suicide? (assuming they had good reason to believe you)
Yep, I guess you are...

Quote:
Additionally, adults in authority are routinely held liable for actions of children under their care. In this case they woman was not an appointed authority but stepped into the position by her actions, so she seems at fault to me.
How did this woman step into a position of authority? That's a new one...

Quote:
Let's say some children come by your house, they ask if the downed power wires nearby are live and thus dangerous. You answer "of course not," and then laugh riotously as they're electrocuted. You shouldn't be arrested?
Absolutely not.

The reason, though, is that the little retards would scurry away before hearing "as long as you stay away from them".

Laughing is not criminal...
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  #68 (permalink)  
Old 06-04-2008
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Re: Mom 'Thrilled' Over MySpace Indictment as Neighbor Prepares to Surrender

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Originally Posted by John Drake View Post
Which she will probably argue. I would disagree were I judge or juror.

If I know someone has a phobia of spiders, throw a large and hairy, but ultimately harmless, tarantula into bed with them, and they die of fright; you want to just have good laugh with them?

Let's say you know that someone has a family member in the hospital and you call them with false info that person just died? You wouldn't find that culpatory if they then committed suicide? (assuming they had good reason to believe you)

Additionally, adults in authority are routinely held liable for actions of children under their care. In this case they woman was not an appointed authority but stepped into the position by her actions, so she seems at fault to me.

Let's say some children come by your house, they ask if the downed power wires nearby are live and thus dangerous. You answer "of course not," and then laugh riotously as they're electrocuted. You shouldn't be arrested?
Out of curiosity, if I'm dating a girl, am I legally allowed to break up with her in your world, since this trauma could feasibly cause her to commit suicide? What if my friend asks me for relationship advice, and I tell him to dump the girl who eventually commits suicide? Clearly, he should be locked up for life, but what is an appropriate sentence for me? What if I don't know the guy breaking up with his girlfriend but I walk by him on the street wearing a shirt that says Carpe Diem? What amount of jail time is appropriate for my reckless wearing of a T-shirt? When you get right down to it, isn't everyone responsible on some level for everyone else's death? If I hadn't backed out of my driveway this morning at exactly 8:48 AM, my neighbor wouldn't have had to wait for me, and he would have arrived at an intersection a few seconds later than he did, and not caused a crash that resulted in a fatality. I could have averted this tragedy by not recklessly going out with friends late last night, causing me to oversleep and making me directly responsible for a car accident three towns over.

Or rather than establishing precedence for the craziness that I proposed above, perhaps we should limit (as I believe the law does) charges of responsibility for death to cases where a reasonable person would expect his actions to result in death or great personal injury of another person. Releasing bees into the room of someone known to be allergic to bees would certainly qualify, but no reasonable person would expect someone to "die of fright" from an encounter with a spider.
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Last edited by drgoodtrips; 06-04-2008 at 02:19 PM.
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  #69 (permalink)  
Old 06-04-2008
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Re: Mom 'Thrilled' Over MySpace Indictment as Neighbor Prepares to Surrender

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Why is the first a bad analogy? How is the action of the woman, in posing as someone else to gain her victim's confidence and then acting in just the manner that would make a depressed person commit suicide, any less direct than throwing a spider into bed with them.
Because nobody 'makes' anybody else commit suicide. The person committing suicide chooses to do so of their on volition (see the theme here?).

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So..the mentally ill and those without helpful family are fair game for cruel pranks,
Not fair game, however punishing person X for something that person Y chose to do is a travesty.

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as are small children who don't know the danger signs of downed wires (which don't often show any of the danger signs you mention)?
Perhaps these signs are not always present, honestly I can't claim to know certainly. What I do know for certain is that when I was a child my mother warned me about ALL downed lines, and I stayed away. Lo and behold I have not been electrocuted!

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Look, if I take an action which I reasonably knew (or should have known) could have killed someone and they die because of it then I can be held responsible,
Agreed.

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whether it was the direct precipitate cause is irrelevant, otherwise the old argument "well I didn't kill them, I just contracted their death" is valid.
In this case you did (would do ) something directly to end their life, you hired a hitman!

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The question here is whether the woman could or should have known the girl might commit suicide.
As I stated earlier, I do not believe in magic and as such I see no possible way that she could have known what this poor little girl may or may not do.

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The prosecution has to prove this was a reasonable expectation, given the circumstances
Absolutely, and I do not believe this is a possible task for the prosecution.

Mr. Drake, I am beginning to believe that we may just have to agree to disagree on this one. Please let me know if I am mistaken.
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  #70 (permalink)  
Old 08-05-2008
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Re: Mom 'Thrilled' Over MySpace Indictment as Neighbor Prepares to Surrender

This was an adult taking advantage of the fragile emotional state of a teenager.

We have statuatory rape laws for the same reason. An adult, who knows better, doesn't get to screw around with a child and then say "oh, well, she did it, not my fault."
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  #71 (permalink)  
Old 08-05-2008
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Re: Mom 'Thrilled' Over MySpace Indictment as Neighbor Prepares to Surrender

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This was an adult taking advantage of the fragile emotional state of a teenager.

We have statuatory rape laws for the same reason. An adult, who knows better, doesn't get to screw around with a child and then say "oh, well, she did it, not my fault."
At least with statutory rape (which I do not support as is, btw) there is physical contact between the two. In this case, it's pretty much a free speech issue. Just because the kid killed herself doesn't mean we need to go on a witch hunt trying to blame it on someone other than the kid.
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  #72 (permalink)  
Old 08-05-2008
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Re: Mom 'Thrilled' Over MySpace Indictment as Neighbor Prepares to Surrender

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At least with statutory rape (which I do not support as is, btw) there is physical contact between the two. In this case, it's pretty much a free speech issue. Just because the kid killed herself doesn't mean we need to go on a witch hunt trying to blame it on someone other than the kid.
That's just sick. A 15 year old deserves protection from a vindictive adult out to cause her harm. There are separate laws for adult on children crimes for a reason.

And why the hell would you not support statutory rape laws? That statement alone makes me think you're absolutely cold.
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  #73 (permalink)  
Old 08-05-2008
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Re: Mom 'Thrilled' Over MySpace Indictment as Neighbor Prepares to Surrender

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This was an adult taking advantage of the fragile emotional state of a teenager.

We have statuatory rape laws for the same reason. An adult, who knows better, doesn't get to screw around with a child and then say "oh, well, she did it, not my fault."
No. An accurate parallel would be if an adult emotionally picked on a kid, the kid went home and masturbated, and you charged the adult with sexual molestation.
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  #74 (permalink)  
Old 08-05-2008
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Re: Mom 'Thrilled' Over MySpace Indictment as Neighbor Prepares to Surrender

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No. An accurate parallel would be if an adult emotionally picked on a kid, the kid went home and masturbated, and you charged the adult with sexual molestation.
Shocking that a diehard Obama supporter would want to excuse a mother who heckled a teenager to death. So much for the moral high ground.

I bet you'll stick by this murderer saying "that's the letter of the law" the same way you'd stick by Pelosi refusing to practice democracy by bringing the energy bill to a vote and not see your own contradiction.

But I guess saving the planet is more important than protecting teenage girls.
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  #75 (permalink)  
Old 08-05-2008