CDZ Woman charged with boyfriend's suicide

Discussion in 'Clean Debate Zone' started by ChrisL, Jun 12, 2017.

  1. Markle
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    Markle Gold Member Gold Supporting Member Supporting Member

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    Nonsense, this is an EXCELLENT precedent. The judge read every one of those texts and did not make this decision lightly.

    I hope she gets serious prison time. She caused his death, no different than if she had stood alongside the car, berated him until he got back in and slammed the door behind him, then stood there and watched while he died.
     
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  2. Markle
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    Markle Gold Member Gold Supporting Member Supporting Member

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    Did you read the texts?

    In your opinion, someone having critical mental problems does not merit any protection.

    [​IMG]
     
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  3. Markle
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    Markle Gold Member Gold Supporting Member Supporting Member

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    Did you read the texts?
     
  4. Markle
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    Markle Gold Member Gold Supporting Member Supporting Member

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    Before spouting off, perhaps you should read the FACTS.

    THIS WAS A BENCH TRIAL. There was no jury. The defense did not want emotion or sympathy for the young man to play into the decision. The decision was reached by someone, not you, who had read all the texts and knew the timeline, knew what she had told him when he got out of the car.

    He told her he was worried about what his parents would think and how they'd feel. Mean Girl told him not to worry about them, she'd take care of them.

    I hope she gets serious prison time. A desperately needed message to all the other bullies and mean girls who believe their actions have no consequences.
     
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  5. ChrisL
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    ChrisL Diamond Member

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    No, it is not like that at all, and that is not what happened. If that was what had happened, then you might have an argument.
     
  6. ChrisL
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    ChrisL Diamond Member

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    I would go as far as criminal negligence but that is as far as it should go, IMO.

    Criminal Negligence

    To constitute a crime, there must be an actus reus (Latin for "guilty act") accompanied by the mens rea (see concurrence). Negligence shows the least level of culpability, intention being the most serious, and recklessness being of intermediate seriousness, overlapping with gross negligence. The distinction between recklessness and criminal negligence lies in the presence or absence of foresight as to the prohibited consequences. Recklessness is usually described as a 'malfeasance' where the defendant knowingly exposes another to the risk of injury. The fault lies in being willing to run the risk. But criminal negligence is a 'misfeasance or 'nonfeasance' (see omission), where the fault lies in the failure to foresee and so allow otherwise avoidable dangers to manifest. In some cases this failure can rise to the level of willful blindness where the individual intentionally avoids adverting to the reality of a situation. (In the United States, there may sometimes be a slightly different interpretation for willful blindness.) The degree of culpability is determined by applying a reasonable person standard. Criminal negligence becomes "gross" when the failure to foresee involves a "wanton disregard for human life" (see the discussion in corporate manslaughter).

    The test of any mens rea element is always based on an assessment of whether the accused had foresight of the prohibited consequences and desired to cause those consequences to occur. The three types of test are:

    1. subjective where the court attempts to establish what the accused was actually thinking at the time the actus reus was caused;
    2. objective where the court imputes mens rea elements on the basis that a reasonable person with the same general knowledge and abilities as the accused would have had those elements; or
    3. hybrid, i.e., the test is both subjective and objective.
    The most culpable mens rea elements will have both foresight and desire on a subjective basis. Negligence arises when, on a subjective test, an accused has not actually foreseen the potentially adverse consequences to the planned actions, and has gone ahead, exposing a particular individual or unknown victim to the risk of suffering injury or loss. The accused is a social danger because he or she has endangered the safety of others in circumstances where the reasonable person would have foreseen the injury and taken preventive measures. Hence, the test is hybrid.
     
  7. Markle
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    Markle Gold Member Gold Supporting Member Supporting Member

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    It is what happened. He had doubts, had gotten out of the carbon monoxide filled car. She continued to text him to get back in the car. He expressed worry about his parents and she told him that SHE would take care of them. Did that mean she was going to kill them too?

    She has no conscience, no heart, no soul. She could have called 911, she could have called his parents, she continued to push him to kill himself.

    I thank God that there are not more people like her or who support her. What a horrid place this would be. A world where people with critical mental health issues are shoved to the side or encouraged to kill themselves is not a good place.
     
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  8. ChrisL
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    ChrisL Diamond Member

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    She texted him is all. She did not force him to go back into the vehicle. She did not hold the door shut. The ultimate decision to take his own life was up to him, and he made the final decision.

    What she did was definitely wrong in a moral perspective, but no matter how you slice it, she did not kill him.
     
  9. Markle
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    Markle Gold Member Gold Supporting Member Supporting Member

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    It is good that the judge is far more knowledgeable than you and rendered the only just decision. Hopefully, his harsh words when he rendered his decision will carry over to a harsh sentence.
     
    Last edited: Jun 18, 2017
  10. Markle
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    Markle Gold Member Gold Supporting Member Supporting Member

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    I feel so sorry for you. I am heartbroken that there are people who believe that someone with critical mental problems does not even merit a phone call to 911 or even his parents. Sad.
     
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