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re: HS Student charged with manslaughter after encouraging friend to commit suicide
Posted on 2/28/15 at 9:40 am to Bench McElroy
Posted on 2/28/15 at 9:40 am to Bench McElroy
It sounds like she was the mentally ill one.
0
Posted on 2/28/15 at 9:51 am to Bench McElroy
What the bitch did would be homicde in the great state of Texas.
quote:she knowingly caused his death when she told him to get back in his truck. She know he would die and told him to get in..... If I was her defense I would say that auto correct left out the "DON'T"....and that she tried to call the police but the line was busy and now we know why, his parents held the line as they were reporting him missing.
c. 19.01. TYPES OF CRIMINAL HOMICIDE. (a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.
Posted on 2/28/15 at 10:35 am to SlowFlowPro
quote:
she acted directly, without threat, to another. she had no control over his actions and no agency associated with his actions. teh boy who killed himself did it on his own accord, via his own intentions. he was not the victim of confusion, disruption, or chaos.
Lot of assumption here. According to the facts he began the act, then stopped then completed the act after she told him to follow through. Based on those facts I would say she absolutely had control over his actions. She is fortunate this is not in front of a jury.
We need an Alabama lawyer to tell us what "facilitate" means and how far it can be extended.
Posted on 2/28/15 at 10:39 am to Bench McElroy
This happened in Massachusetts, and this is their definition of manslaughter ( LINK):
So basically, they are going to have to prove that she acted wantonly or reckless. She obviously acted recklessly, but I guess the question is, did her reckless actions actually cause the death?
I would say no.
quote:
Involuntary Manslaughter
As with voluntary manslaughter Massachusetts statutory law does not define involuntary manslaughter. Rather, Massachusetts common law, as pronounced by the courts, provides the definition for involuntary manslaughter:
One can commit involuntary manslaughter through:
(1) an unintentional killing occasioned by an act which constitutes such a disregard of the probable harmful consequences to another as to be wanton or reckless; or
(2) an unintentional killing resulting from a battery.
The first theory under which a person may face conviction for involuntary manslaughter requires an unintentional, yet unlawful killing resulting from the wanton or reckless conduct of the defendant. This theory of involuntary manslaughter is sometimes called "Welansky manslaughter," after the 1944 case in which the owner of a nightclub was convicted of involuntary manslaughter when a fire in his club caused the death of over 400 patrons. That case also established that wanton or reckless conduct includes both affirmative acts and failures to act where a duty to act exists. Such acts or omissions must embody a disregard for the probable harmful consequences to another. The conduct must involve a high degree of likelihood that substantial harm will result to another. The law requires that the defendant have knowledge of the circumstances and the intent to do the act that caused the death, and also requires that the circumstances presented a danger of serious harm such that a reasonable man would have recognized the nature and degree of danger. Wanton and reckless conduct is distinct from negligence or gross negligence for which, in the common law of Massachusetts, there is no criminal liability.
The second theory on which a defendant may face conviction for involuntary manslaughter requires that the defendant commit a battery, not amounting to a felony, which causes death. A person who uses a level of force against another that is likely to cause harm and which produces death is guilty of involuntary manslaughter. The law requires that the prosecution establish that the defendant knew, or should have known that his conduct created a high degree of likelihood that substantial harm would result to another. This means that the same standards of proof apply to both voluntary and involuntary manslaughter.
The punishment for both voluntary and involuntary manslaughter, as set by statute, is the same. The maximum sentence for an involuntary manslaughter conviction is imprisonment for twenty years, except in circumstances where the voluntary manslaughter involves explosives or infernal machines, in which cases the maximum punishment is life imprisonment.
So basically, they are going to have to prove that she acted wantonly or reckless. She obviously acted recklessly, but I guess the question is, did her reckless actions actually cause the death?
I would say no.
Posted on 2/28/15 at 10:47 am to CAD703X
quote:
Sfp you are wrong on this one. She held power over him at that point.
bullshite. No one can be held responsible for someone else's actions, no matter how liberal you may be. The lack of personal responsibiliy in this country and how many support it is scary as frick.
Posted on 2/28/15 at 10:57 am to SlowFlowPro
I think a better comparison to the charges will be the techniques that California used against Charles Mansion as an agent for the crimes committed by his lemmings
Posted on 2/28/15 at 11:01 am to MyNameIsNobody
quote:
she knowingly caused his death
How did she cause his death? I wasn't aware that words had the power to kill.
The way the article read its pretty clear that his actions caused his death.
This post was edited on 2/28/15 at 11:04 am
Posted on 2/28/15 at 11:02 am to Brosef Stalin
quote:
That's a crime? Guess I better stop telling people to kill themselves for saying something stupid online.
I got my account suspended for a few weeks for it once.
CSB
Posted on 2/28/15 at 11:04 am to shawnlsu
Posted on 2/28/15 at 11:06 am to Johnny3tears
From her twitter:
Oh, frick this count. There's a special place in hell for grammar this bad.
quote:
you would of loved to be there
Oh, frick this count. There's a special place in hell for grammar this bad.
Posted on 2/28/15 at 11:09 am to brass2mouth
I forgot about that. Consider my theory fricked
Posted on 2/28/15 at 11:29 am to shawnlsu
quote:
bullshite. No one can be held responsible for someone else's actions, no matter how liberal you may be. The lack of personal responsibiliy in this country and how many support it is scary as frick.
bullshite. Words have consequences.
She talked him into taking his own life. He got out the car and she talked him back in. IMO, she is as guilty as if she had pulled a trigger. I hope she rots in hell.
Posted on 2/28/15 at 11:31 am to Sid in Lakeshore
I don't know about manslaughter but what a bitch
She should've called 911 not told him to get back in his truck. That's evil. How can she say they were friends?
She should've called 911 not told him to get back in his truck. That's evil. How can she say they were friends?
Posted on 2/28/15 at 11:41 am to LucasP
quote:
From her twitter:
quote:
you would of loved to be there
Oh, frick this count. There's a special place in hell for grammar this bad.
Reminds me of this Onion article:
Nation's Educators Alarmed by Poorly Written Teen Suicide Notes
Posted on 2/28/15 at 11:45 am to Bench McElroy
What the frick.
Posted on 2/28/15 at 11:52 am to SlowFlowPro
quote:aren't there medically proven, accepted facts regarding chemical imbalances, for example, with addicts and/or people with mental issues, and the entire premise is they can't simple control their own decisions like the rest of us?
we all control our own decision making
A lot of people hate hearing that and view it as a cop out, and I'm by no means an expert, on the subject, but I'm pretty sure it's all backed by lots of research from the American Psychological Association. That's why I'm sorta on the fence on this one. It felt like she controlled his decision making when he was rather obviously in a mental state where he wasn't with it enough to make rational decisions.
Posted on 2/28/15 at 11:52 am to Sid in Lakeshore
quote:
I hope she rots in hell.
As do In but in no way is she guilty of manslaughter
Posted on 2/28/15 at 11:53 am to shawnlsu
quote:
quote:
I hope she rots in hell.
As do In but in no way is she guilty of manslaughter
She won't (and shouldn't) be found guilty of anyhting, but I guarantee you she'll be ostracized by her former friends, school, community, as she should. She'll be treated as a pariah everywhere she goes. Good luck getting a job or making friends at whatever college lets you in.
This post was edited on 2/28/15 at 11:55 am
Posted on 2/28/15 at 12:00 pm to shawnlsu
quote:
How did she cause his death? I wasn't aware that words had the power to kill.
The way the article read its pretty clear that his actions caused his death.
Sure they can. Telly Hankton is facing a death sentence for telling friends of his he needed witnesses dead. Nothing more than words. Didn't give them the guns, didn't pay them, wasn't anywhere around when the murder happened, just used words.
This post was edited on 2/28/15 at 12:02 pm
Posted on 2/28/15 at 12:06 pm to Bench McElroy
I'm guessing this sick girl wanted him to die so she could get attention with pity and her fundraising activities.
Wackos are fascinating.
Edit: at least bringing these charges will get her name out there and warn people of her wackitude in the future. Might end up saving lives
Wackos are fascinating.
Edit: at least bringing these charges will get her name out there and warn people of her wackitude in the future. Might end up saving lives
This post was edited on 2/28/15 at 12:13 pm
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