George Costanza
A Friendly Liberal
- Thread starter
- #181
But seriously, you have a good point. Not that law enforcement shouldn't be held accountable when they screw up, but intentional homicide charges? Overkill.
"Intentional", GC? Look again. We are talking IMPLIED malice here, stemming from a conscious disregard for human life. (Take another look at the OP.) There is nothing intentional about it. It is the same theory as a Watson murder (drunk driver gulty of second degree implied malice murder when he kills someone while driving drunk).
No one claims the drunk INTENDED to kill anyone, just as no one claims that the officer INTENDED for a death to result.
I would agree with you that attempting to prosecute a cop for an intentional killing would not only be overkill, it would be legally stupid.
Have you been operating all along on this thread on the assumption that the OP was proposing prosecuting the officer on some sort of intentional theory?