Is a racial insult a valid defense for homicide?

[catzmeow]

A response to stupidity with an even stupider law?

Welcome to Floriduh!

Our state motto should be, "We excel at stupidity." I mean, after all, we did elect Rick Scott to cut government waste and abuse.

 

[Flagwavrusa]

So, you think that I should be tried for murder for killing someone in self defense? The reason that there is flexibility on these charges is that many homicides aren't black/white scenarios.

There was no self defense in this case. It was a drunk who did not like being referred to as "That Black guy in a yellow shirt".

Yeah, self defsnse looks out the window. At this point you have to look at Mens reas and see if he intended to kill the man. Murder requires intent to murder, either premeditated, (Murder 1), or in a moment of passion (Murder 2). There are also other items that can make it murder instead of manslaughter (killing a cop no matter what, depraved indifference, etc.) but these are codified. Once you remove the intent to kill, it usually goes down to manslaughter, which can still be up to 20 years in prision, but is usually less.

It's very difficult for a single punch to the jaw to kill another human being, and requires a tremendous amount of force that most people don't possess....which makes me suspect this man knew what he was doing. It would be helpful to know if the accused has a boxing or karate background. If an assailant knows that punching someone in the head with all their strength will likely kill the victim, the act of inflicting such a blow would manifest an intent to commit murder.

 

[catzmeow]

I agree. But still, I have to wonder about a guy that could get so enraged over the comment being reported that'd he'd need to punch the guy at all.

Maybe it was his favorite shirt?

 

[Tank]

The victim being from Utah was probably unaware of the violent nature of blacks.

 

[catzmeow]

The victim being from Utah was probably unaware of the violent nature of blacks.

Or was a scrawny pencil-necked dweeb with an attitude he couldn't back up. As is often the case with white racists....

 

[High_Gravity]

There was no self defense in this case. It was a drunk who did not like being referred to as "That Black guy in a yellow shirt".

Yeah, self defsnse looks out the window. At this point you have to look at Mens reas and see if he intended to kill the man. Murder requires intent to murder, either premeditated, (Murder 1), or in a moment of passion (Murder 2). There are also other items that can make it murder instead of manslaughter (killing a cop no matter what, depraved indifference, etc.) but these are codified. Once you remove the intent to kill, it usually goes down to manslaughter, which can still be up to 20 years in prision, but is usually less.

It's very difficult for a single punch to the jaw to kill another human being, and requires a tremendous amount of force that most people don't possess....which makes me suspect this man knew what he was doing. It would be helpful to know if the accused has a boxing or karate background. If an assailant knows that punching someone in the head with all their strength will likely kill the victim, the act of inflicting such a blow would manifest an intent to commit murder.

Thats actually a hard call, you don't have to be a trained UFC fighter or professional boxer to kill someone with 1 punch, sometimes you can get unlucky and hit someone just in the right spot and they will go out like a light. When I was in High School a friend of mine got into a fight during a basketball match and punched this kid in the face and he went down on the ground and started convulsing, my friend was not a professional fighter or anything he never even trained in any fighting style but this kid went down and the ambulance was called, he was on the ground convulsing and we thought he was going to die but luckily he didnt. I never even found out exactly what had happened but the punch had triggered an attack of some sort, people get killed like this all the time.

 

[Tank]

The victim being from Utah was probably unaware of the violent nature of blacks.

Or was a scrawny pencil-necked dweeb with an attitude he couldn't back up. As is often the case with white racists....

A racist is well aware of the feral nature of blacks and would know better then to engage with one in this manner.

The victim thought blacks are funny and friendy like they are shown on TV.

 

[catzmeow]

A racist is well aware of the feral nature of blacks and would know better then to engage with one in this manner.

The victim thought blacks are funny and friendy like they are shown on TV.

I'm pretty familiar with white racists in Utah. I worked for a police agency there for a number of years. I've seen MANY fights started by scrawny hitler worshippers.

When it comes to feral predators, however, none are worse than the white supremacists, who start shit just to make a name for themselves. They're like retarded rabid squirrels on steroids.

TROY KELL STORY

 

[High_Gravity]

The victim being from Utah was probably unaware of the violent nature of blacks.

Or was a scrawny pencil-necked dweeb with an attitude he couldn't back up. As is often the case with white racists....

A racist is well aware of the feral nature of blacks and would know better then to engage with one in this manner.

The victim thought blacks are funny and friendy like they are shown on TV.

White racists are even more aggressive than blacks, even towards other whites.

 

[Tank]

I remember the Troy story, that one murder was along time ago.

Here's a story of a black guy who stabbed 7 white people to death the other day:

Live coverage: 7 dead in Northeast Grand Rapids; suspect Rodrick Dantzler shoots himself | MLive.com

 

[High_Gravity]

I remember the Troy story, that one murder was along time ago.

Here's a story of a black guy who stabbed 7 white people to death the other day:

Live coverage: 7 dead in Northeast Grand Rapids; suspect Rodrick Dantzler shoots himself | MLive.com

That guy was a maniac, why did he do this?

 

[catzmeow]

It's funny that you used a black mass murderer to illustrate your point. Mass murderers are, statistically speaking, more likely to be white. And, they are more likely to kill white victims than black ones. Nice try, though.

That guy was a maniac, why did he do this?

Insane, most like, just like most other mass murderers.

 

[catzmeow]

What makes that dude different from these?

Bossip | Gossip for the Hardcore

Prosecutor: Brockton suspect planned ‘mass murder’ - BostonHerald.com

What's interesting to me is that I know black men who've shot other black men, hispanic men, white men, polynesian and asian men. I know white men who've killed men of other races, as well.

But I don't know of a single murder where a black man stabbed someone to death 67 times. That's what I mean when I say rabid, retarded squirrel on steroids.

 

[Si modo]

It's funny that you used a black mass murderer to illustrate your point. Mass murderers are, statistically speaking, more likely to be white. And, they are more likely to kill white victims than black ones. Nice try, though.

That guy was a maniac, why did he do this?

Insane, most like, just like most other mass murderers.

Actually, serial killers are more likely to be white.

Mass murders don't have the same profile as serial killers.

 

[catzmeow]

Actually, serial killers are more likely to be white.

Mass murders don't have the same profile as serial killers.

Duly noted.

 

[Tank]

Blacks made up majority of all serial killers last decade.


Rise of the Black Serial Killer | Phinehas Fury

 

[Ravi]

I find it hard to believe that 'feeling threatened' is the default assumption in cases invoking the stand your ground law. The presumption of innocence relates to the act itself. Once that is proven, I have to believe it's up to the defendent to prove that a feeling of threat was reasonable given the circumstances. If not, then that law is effectively carte blanche to shoot anyone who flips you off.

Yes, you would have to convince the jury that you felt threatened.

And the jury is free not to believe you.

But how do you prove a feeling?

You don't.

You convince them that given the circumstance, it was reasonable to feel threatened.

I don't think a racial insult qualifies.

You can't know that, though. You have no idea if the guy has a history of being beaten up for being black.

 

[Si modo]

Blacks made up majority of all serial killers last decade.


Rise of the Black Serial Killer | Phinehas Fury

Yet the profile of a serial killer is a white man.

Mass murderers are different and their profile depends more on their psychological condition rather than any race.

 

[Tank]

You have no idea if the guy has a history of being beaten up for being black.

Don't they all claim that?

 

[catzmeow]

You can't know that, though. You have no idea if the guy has a history of being beaten up for being black.

Apparently, the victim was reaching in his pockets. I don't know how large or commodious his pants were, but for me, that would immediately make me think he was armed.