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Topic:
Interesting legal question about murder [Locked] |
eodoll  Posts: 1,028
Registered: 2002-2-14 12:35:42
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Date Posted:
1/1/00 12:00am
Subject:
Interesting legal question about murder |
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I think it can be considered homicide but its a hard case to prove...
If you go to a person with a drug problem and want them to die.. So you just go there and give them heroin.. More heroin.. More heroin. Just invite them to keeping getting high on heroin. You pretty much premeditated killing them.
Scammers go to jail too.
Those nigerian guys are breaking the law.
Madoff went to jail.
You cant leglly take advantage of people when you are premeditating an end result for your personal gain.
Edit: throw in they are related and there is a million dollar life insurance policy on the alcoholics head. Is it murder then?
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_Enkidu_  Title: Zen Badger
Posts: 280
Registered: 2001-12-24 05:02:15
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Date Posted:
1/1/00 12:00am
Subject:
Interesting legal question about murder |
It's legal to drink in Germany at 16. Basically, if you can pay for the drink you're old enough to drink.
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Yukishiro1 Posts: 3,243
Registered: 2002-9-20 23:52:57
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Date Posted:
1/1/00 12:00am
Subject:
Interesting legal question about murder |
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It has to do with how you interpret causation. Murder requires intent and causation. Is he really "causing" the death? There is no subterfuge or fraud involved. On the other hand, he is giving a potentially deadly drug to someone he knows is addicted to it and unable to control himself, with the intent that his gift will contribute to killing the guy.
There is no way it's manslaughter, voluntary or involuntary, because the intent to kill is there and there's nothing the law would consider heat-of-passion style provocation. It's either murder or nothing.
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Tipztoe Posts: 1,775
Registered: 2004-3-1 17:53:43
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Date Posted:
1/1/00 12:00am
Subject:
Interesting legal question about murder |
Onslaught. posted:
Not anymore criminal than people who manufactured, sold or advertised the alcohol to begin with. *shrug* AKA not at all.
alcohol is legal. Agreed with as stated above.
If he were providing him with illegal drugs that would be different.
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Yukishiro1 Posts: 3,243
Registered: 2002-9-20 23:52:57
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Date Posted:
1/1/00 12:00am
Subject:
Interesting legal question about murder |
Tipztoe posted:
If he were providing him with illegal drugs that would be different.
I don't see why. If you sell someone a gun legally and they shoot themselves why is that different than if you sell them a gun illegally and they shoot themselves? In terms of liability for the shooting itself?
If you poison someone with a legal poison or an illegal poison I can assure you it doesn't change whether you've committed murder. The question here is entirely to do with what constitutes killing someone, not to do with the product chosen.
It really has to do with whether the alcoholic had any choice in whether he drunk the stuff.
For example, it is definitely murder if you come across someone already drunk off their ass and then give them a gallon of vodka, knowing full well they arn't in a mental state to be able to refuse it, hoping they will die, and then they do die.
This is a bit different because it happens over a period of time when the guy obviously wasn't drunk all the time. But if Ed was giving him the Everclear *when* the guy was drunk that makes it more likely to be murder.
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Kjarhall  Title: The Pungent One
Posts: 915
Registered: 2002-3-1 15:47:21
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Date Posted:
1/1/00 12:00am
Subject:
Interesting legal question about murder |
Innocent. While his motives were immoral, he did not force the guy to drink. The guy had multiple chances to not contribute to his death.
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Date Posted:
1/1/00 12:00am
Subject:
Interesting legal question about murder |
Depends on if Everclear is legal in that state.
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Yukishiro1 Posts: 3,243
Registered: 2002-9-20 23:52:57
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Date Posted:
1/1/00 12:00am
Subject:
Interesting legal question about murder |
Altra_Shadowstalker posted:
Depends on if Everclear is legal in that state.
No it doesn't. If it's illegal he's guilty of illegal distribution but it has nothing to do with his liability for murder.
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Date Posted:
1/1/00 12:00am
Subject:
Interesting legal question about murder |
Yukishiro1 posted:
Altra_Shadowstalker posted:
Depends on if Everclear is legal in that state.
No it doesn't. If it's illegal he's guilty of illegal distribution but it has nothing to do with his liability for murder.
1) The poll asks if he's guilty of a lesser crime.
2) If Everclear is illegal because its dangerous then it could be argued that he intentionally poisoned the man. I could see him getting electrocuted in Texas for it... If he's brown.
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"Goddammit, Swearengen, I don't trust you as far as I could th'ow you, but I enjoy the way you lie."
I don't typo often, but when I do, I blame Swype.
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cherrim  Posts: 68
Registered: 2003-4-6 21:57:39
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Date Posted:
1/1/00 12:00am
Subject:
Interesting legal question about murder |
Altra_Shadowstalker posted:
2) If Everclear is illegal because its dangerous then it could be argued that he intentionally poisoned the man. I could see him getting electrocuted in Texas for it... If he's brown.
I agree with Yuki that a substance does not have to be illegal in order to constitute poisoning.
You could kill someone with Tylenol and that would be murder.
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