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re: Ninth Circus: Murder is not a crime of violence.

Posted on 8/21/19 at 3:20 pm to
Posted by Boatshoes
Member since Dec 2017
6775 posts
Posted on 8/21/19 at 3:20 pm to
quote:


Again based ONLY upon the article, it seems that the “crime of violence” enhancement requires affirmative intent. Affirmative intent IS an element of the “attempted” offense, but is NOT an element of the 2nd degree homicide offense.


"the crime generally covers killings that:

- Are intentional but lack premeditation.

- Result from acts intended to only cause serious bodily harm.

- Result from acts that demonstrate extreme indifference to human life."

LINK
This post was edited on 8/21/19 at 3:21 pm
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 8/21/19 at 3:35 pm to
quote:

"the crime generally covers killings that:

- Are intentional but lack premeditation.

- Result from acts intended to only cause serious bodily harm.

- Result from acts that demonstrate extreme indifference to human life."
So, you're relying upon some general summary of murder law across all jurisdictions, rather than the specific statute at issue in this case? OK

Newsflash: This case turned upon two STATUTORY definitions, not some Cliffs Notes compilation.

As to the snide (now deleted) comment regarding my libertarian beliefs, I want you to read carefully and TRY to understand something VERY important ... which I suspect will go FAR over your head.

An ideology addresses the manner in which one thinks things SHOULD be ordered. If a person is incapable of SETTING ASIDE one's personal IDEOLOGY in order to evaluate the manner in which things actually ARE ordered, that person may well be an effective "ideologue," but should NOT be trusted to conduct ANY objective analysis of the real world. This is why all GOOD schools spend three full years beating this concept into students' minds with Socratic teaching.
This post was edited on 8/21/19 at 3:47 pm
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