re: Deputies arrest 4 in LSU student Madison Brooks case

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§30.1. Second degree murder

A. Second degree murder is the killing of a human being:

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I haven’t read all 20-something pages so maybe it’s been addressed, but it doesn’t seem like this would apply unless they killed her.

That being said..

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§31. Manslaughter

A. Manslaughter is:

(1) A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender's blood had actually cooled, or that an average person's blood would have cooled, at the time the offense was committed; or

(2) A homicide committed, without any intent to cause death or great bodily harm.
(a) When the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in Article 30 or 30.1, or of any intentional misdemeanor directly affecting the person; or
(b) When the offender is resisting lawful arrest by means, or in a manner, not inherently dangerous, and the circumstances are such that the killing would not be murder under Article 30 or 30.1.

(3) When the offender commits or attempts to commit any crime of violence as defined by R.S. 14:2(B), which is part of a continuous sequence of events resulting in the death of a human being where it was foreseeable that the offender's conduct during the commission of the crime could result in death or great bodily harm to a human being, even if the offender has no intent to kill or to inflict great bodily harm. For purposes of this Paragraph, it shall be immaterial whether or not the person who performed the direct act resulting in the death was acting in concert with the offender.

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ETA: R.S. 14:2(B) means basically any violent crime, including third degree rape.

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Ole deltaland is sitting at 67 downvotes to 0 upvotes for that post. Might want to consider falling on his own sword.

Dude admits to seeking out drunk girls at bars. What a pathetic loser.

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I think deltaland kind of reversed course later based on victim’s blood alcohol levels.

I think it was closer to a ill-fated attempt to say just being drunk doesn’t automatically make one incapable of understanding and legally consenting to having sex before knowing facts on how drunk victim was or what law states on legal consent. When saying conscious it was meant more as being drunk but still legally capable to understand and freely consent to sex (and in many cases that’s the plan for both males and females going to bars), but instead conscious came across as written more as not being unconscious like as long as she isn’t passed out and can still say yes it’s all good.

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Based on even carvers statement and the video, this girl was very flirty with these boys. Did she drunkenly consent? Probably. But they were also all drinking. If they drunkenly tried to get in her pants, only their actions get blamed. It doesn’t matter how flirty she was when sober or how much she instigated it (if at all). Had she not been hit by a car, does she even claim to be raped the next day? How many times has this exact situation happened but no one hears because the girl doesn’t see the problem because she knows she played a big part in it happening? I know these aren’t easy or comfortable questions and they sound like it’s victim blaming but we will never truly know how much of a victim she truly was because of how this night ended.

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This is actually well said

But I think the fact they dropped her off on the side of the street makes it seem far more like real rape and less like drunken sex

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Bull fricking shite

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Women are more likely to be sexually assaulted by a friend or someone they know. This is well known.

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This is actually well said But I think the fact the dropped her off in the middle of the street makes it seem far more like real rape and less like drunken sex

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The warrant says they drove around trying to figure out where she lived. It’s shitty how it ended and I’m sure they wish they had dropped her off at a store now but it says they tried to help her get home.

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How many times has this exact situation happened but no one hears because the girl doesn’t see the problem because she knows she played a big part in it happening?

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How many times do 3 guys drive off with one girl and then dump her on the side of the road?


You don’t do that on a drunken hookup where you think you had consent.

Oh I didn’t think you were being snarky. I just mentioned it bc it’s bizarre to get several downvotes just bc people don’t like the facts. There’s a link to the affidavit in this article.
LINK

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and the measures are just for show...this terrible incident could have still happened if all the parties involved were 21+ years of age.

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I'm sure those shitheads didn't know how old she was. She could have easily been 22 and the outcome would have been the same. It's very sad either way and I pray for her family. Parents worst nightmare.

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I don't think she could have been functioning enough to "be flirty" at this point.

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The warrant said she was touching one of guy’s privates while in the car.