- Joined
- Oct 18, 2007
- Messages
- 31,346
- Reaction score
- 19,889
- Location
- East Coast - USA
- Gender
- Undisclosed
- Political Leaning
- Centrist
CNN)A New York man has been charged after authorities say he beat his wife's would-be rapist to death with a tire iron.
Husband charged with beating wife's would-be rapist to death - CNN.com
Would you charge this guy with a crime?
More importantly, would you convict him of a crime, and what sentence would you impose?
Would you send this guy to jail?
Husband charged with beating wife's would-be rapist to death - CNN.com
Would you charge this guy with a crime?
More importantly, would you convict him of a crime, and what sentence would you impose?
Would you send this guy to jail?
It’s impossible to give any legitimate answer on the basis of the limited information in that article. That’s why we have judges and juries to carefully consider all of the evidence in detail and specifically not the limited information as spun by the tabloid media.Would you charge this guy with a crime?
Husband charged with beating wife's would-be rapist to death - CNN.com
Would you charge this guy with a crime?
More importantly, would you convict him of a crime, and what sentence would you impose?
Would you send this guy to jail?
Husband charged with beating wife's would-be rapist to death - CNN.com
Would you charge this guy with a crime?
More importantly, would you convict him of a crime, and what sentence would you impose?
Would you send this guy to jail?
Husband charged with beating wife's would-be rapist to death - CNN.com
Would you charge this guy with a crime?
More importantly, would you convict him of a crime, and what sentence would you impose?
Would you send this guy to jail?
This was not an act of self-defense.
It was an act of retaliation.
In the first instance a person is protected by the affirmative defense their life and limb were in danger.
In the second case, no such defense exists. Instead, the person should be faced with at least some level of Manslaughter charge charge depending on whether it was negligent (car accident), or non-negligent as in this case. It could also be Second Degree Murder if he had come armed with willful intent to cause mayhem leading to a death.
From the video it is clear that the man was coming prepared for mayhem after being called by his wife. She did not call the police, she called her husband. He attacked the person his wife alleged was trying to molest her. Since the facts are not clear and a person is dead, it is right and proper for a criminal trial to ensue.
I think the Prosecutor is bowing to public opinion rather than doing their job in charging him with such lesser offenses.
He should have done it in Texas
No Charges for Texas Father Who Beat to Death Daughter's Molester - ABC News
He should have done it in Texas
No Charges for Texas Father Who Beat to Death Daughter's Molester - ABC News
Legally I see an importance difference between this case and that case. In the Texas case the father actually walked in on the rape. He, arguably, used force to STOP the rape. In this new case it appears the wife was no longer in danger. This attack seems to be retaliatory. So, from the perspective of the DA I can see why they may feel compelled to level SOME kind of charge against the husband.
That said, if I was on the jury, and the dead man did in fact try to rape his wife, no way in hell do I convict him.
There is no such thing as no longer in danger when the person that perpetrated the attack remains in the area.
That being said, I'm not sure I believe the whole story. If he had come into the apartment and the attacker was there I could see his reaction. But the guy was standing in the hallway. How could he be certain that was the guy? I'm sure he was on the phone with the wife and she probably told him he had left, and maybe she told him he didn't have a shirt on. But, the chances of two men being in the area without their shirts on is pretty high. If it was me, I wouldn't have beat him to death because I would have questioned if it was the guy. But, if he can show he knew it was the guy, I would believe that his rage would have been difficult to contain. There is a valid legal defense that usually applies to men who catch their wives cheating and lose control. It doesn't excuse them from their act, but it does get a reduced sentence.
Husband charged with beating wife's would-be rapist to death - CNN.com
Would you charge this guy with a crime?
More importantly, would you convict him of a crime, and what sentence would you impose?
Would you send this guy to jail?
Yes. We live in a society where we have agreed to allow our legal system to administer justice. While we all can empathize with this man, he still has a responsibility to live by the laws of the nation he lives in. BUT, I also know that in the same situation, I would have most likely done the same thing, the only difference would be, I would have just beaten him unconscious, tossed him in the back of my truck and drove him out to the woods to finish him off, stuffed his body in a lava cave and let the coyotes do the rest. If I got caught, I'd still be subject to the law...
Should anything bad, at all, happen to a potential rapist or child molester or whoever? I don't get hearts hemorrhaging for criminals, with rarely more than a passing mention of the victim, like the victim is now just being unreasonably spiteful. To me, if "Justice" means ya gotta do everything for the perpetrator and feel sorry for him and impact his life as little as possible for his sake then **** that, I'll take vengeance instead.
Really, there is a difference between stopping an attack and killing or seriously hurting the person as a result and attacking someone that was doing nothing towards another person at the time of your attack. In the former example it is an act of third party self defense that went a bit too far perhaps, while in the later case it's murder/assault and battery. No one is feeling anything towards criminals because they are opposed them being randomly beaten up and killed, but instead voicing disapproval with revenge justice.
Really, there is a difference between stopping an attack and killing or seriously hurting the person as a result and attacking someone that was doing nothing towards another person at the time of your attack. In the former example it is an act of third party self defense that went a bit too far perhaps, while in the later case it's murder/assault and battery. No one is feeling anything towards criminals because they are opposed them being randomly beaten up and killed, but instead voicing disapproval with revenge justice.
It’s not just about this single incident and not just about actual criminals (even presuming the dead man was actually guilty of what has been alleged).Should anything bad, at all, happen to a potential rapist or child molester or whoever? I don't get hearts hemorrhaging for criminals, with rarely more than a passing mention of the victim, like the victim is now just being unreasonably spiteful. To me, if "Justice" means ya gotta do everything for the perpetrator and feel sorry for him and impact his life as little as possible for his sake then **** that, I'll take vengeance instead.
It’s not just about this single incident and not just about actual criminals (even presuming the dead man was actually guilty of what has been alleged).
The principle you’re effectively proposing is that we should all be free to kill people we believe are guilty of or are about to commit a serious crime (or, if it helps put it in context, other people should be free to kill you if they wrongly believe you are a criminal). It’s not at all rare for entirely (or mostly) innocent people to be falsely accused or falsely identified as perpetrators, especially in the heat of the moment. This is, after all, one of the reasons we have criminal justice systems requiring evidence and opportunity to present a defence.
Even beyond all of that, surely you can perceive of some middle ground between an unnecessarily soft approach to criminals as you describe and them beat beaten to death on sight?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?