Author: JFenix

Is Texas dad who killed man to protect his 5-year-old daughter a criminal?   [Copy link] 中文

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Post time 2012-10-3 19:51:25 |Display all floors
OJ Simpson

Remember the OJ Simpson media circus ? The Jews hate blacks.The prominent 12th century Andalusian Rabbi Maimonides had a very low opinion of Africans.I have also pointed out who drove the transatlantic slave trade.
9/11 was an inside job.
No second plane.It was a bomb.Bomb in the other building.
You KNOW without a doubt the videos are fake,right ?!
Planes don't meld into steel and concrete buildings.They crash into them !!!!!!!
It's amazing how the building ate the plane !!!
Imagine those fragile wings cutting slots in massive steel columns !!!!!
How STUPID can they think the people are to believe that crap ??!!

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Post time 2012-10-3 23:01:24 |Display all floors
JFenix Post time: 2012-6-17 09:47
Anyone?

Were I faced with a hypothetical situation where I found a man doing something like that to my daughter, I'd find it hard not to respond in the heat of the moment with violence.

I've never hit anyone in my life and I really don't know how difficult it would be to control the white hot rage and disgust for the perpetrator I'm sure I would feel. Who knows how they would react in that situation?

It's that visceral response that is hard to judge as an outsider - it's not the same as vigilante justice as the lawyer suggests, its something more primal than that.

But, having killed the guy the only witness to the claim of molestation is the child - difficult to prove therefore if events occurred as described, or if there was another motive.

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Post time 2012-10-3 23:36:03 |Display all floors
verdane Post time: 2012-10-3 23:01
Were I faced with a hypothetical situation where I found a man doing something like that to my dau ...

There is more than that.  Her brother saw her being carried off by the man and heard her screaming.  He was the one who alerted the dad to save her.  It's my understanding that there was a family event going on that day - others came to the barn after the father and saw the man with his pants down.
  
Behold the turtle. He makes progress only when he sticks his neck out.

                          -  James Bryant Conant

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Post time 2012-10-4 02:51:41 |Display all floors
JFenix Post time: 2012-10-3 23:36
There is more than that.  Her brother saw her being carried off by the man and heard her screaming ...

Justice is Blind~
According to the Law.

The father will be charged for Murder under Homicide Act 1957; Section (1) - Killing with the intent for murder. There are 2 elements to consider;
1. Actus Reus - the act.
    Facts - Father punch the victim
2. Mens Rea - the guilty mind.
    Facts - Father intent to kill

Father Defence (most probably will argue)
- There are Acturs Reus (the act) but the Father does not have the Mens Rea i.e. the intention of killing.

* Noted that in U.S. the RULE is "innocence until proven guilty". So its up to the Prosecutor to proof the Mens Rea of the Father. (the intent to kill)

Like most argue...the Father could have stopped the beating when the assailant is disabled and unable to fight back. Further beating will tends to amount of Bodily Harm.
Whether the beating is causing "actual" or "grievous", there are formal medical evidence to verify the injury.

If the harm caused is considered grievous by the evidence, then its amount to malicious intent. = intent to kill; if the infliction resulted into death. Thus...the father will be guilty of Murder.
If the harm caused is not grievous, then its not fall under the intent to kill. Mens Rea failed. But the victim died. So the next charge that the Father received will be the charge of Involuntary Manslaughter, under Homicide Act.

Under English law, according to R v Creamer, a person is guilty of involuntary manslaughter when he or she intends an unlawful act that is likely to do harm to the person, and death results which was neither foreseen nor intended.

Defence that Father will put on;
Self Defence - Self-defence in English law is using reasonable force against an unjust threat; an act to protect others as to protect oneself.
Will fail to defend himself with Self-Defence because of "reasonable force". The fact that the Father "went to far" as to continue beating the victim eventhough he is already disabled and unable to fight back; and resulting death. reference case of R V Lindsay 2005.

Additionally, the "Thin-Skull-Rule"...even the Father had stopped the beating, but the victim died due to thin skull meaning unable to withstand few punches...the Father will still be responsible or liable for; As if the victim is normal, and not an easily died type.

Verdict as below;
Offence: Involuntary manslaughter
Legislation: Offences Against the Person Act 1861 section 5
Sentencing Range: Serious specified violent offence. Schedule 15A CJA 2003 applies

In this case is Manslaughter arising out of fights;
If the prosecutor considered the involuntary manslaughter that was based on “gross” negligence or “willful and wanton” negligence, it is considered a felony, which is punishable with up to four years in Jail.

If the prosecutor considered it as a misdemeanor involuntary manslaughter charge, where the death occurred during the commission of a misdemeanor or unlawful act not amount to a felony, it is punishable for a maximum of one year in county jail.
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Post time 2012-10-4 03:51:51 |Display all floors
slimpanda Post time: 2012-10-4 02:51
Justice is Blind~
According to the Law.

Actually the grand jury decided not to charge him at all, not even manslaughter.

So, no trial.  It's texas, you can kill people for trespassing and get away with it.
  
Behold the turtle. He makes progress only when he sticks his neck out.

                          -  James Bryant Conant

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Post time 2012-10-4 04:20:07 |Display all floors
JFenix Post time: 2012-10-4 03:51
Actually the grand jury decided not to charge him at all, not even manslaughter.

So, no trial.   ...



oh my...Cowboy Town?
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