<p>Under the felony murder doctrine the state of mind required to commit the predicate offense of say robbery is transferred to and substitutes for the intent required to establish murder. the perp need not have intended that a murder would result. If I remember correctly NY's second degree murder is a codification of the common law murder rule. It fits.</p>
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Under the felony murder doctrine the state of mind required to commit the predicate offense of say robbery is transferred to and substitutes for the intent required to establish murder. the perp need not have intended that a murder would result. If I remember correctly NY's second degree murder is a codification of the common law murder rule. It fits.
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<p>Um, that's exactly what I posted. And FYI, writing using plain English rather than legalese helps people understand what you're saying. Cut the "predicate offense," "codification," and "transferred to and substitutes for."</p>
<p>funny how the argument on CC turned out to be.
Quite honestly, I don't give a crap about how the case turns out. Minghui is dead for gods sake, nothing from this case can really make up for the fact that his parents just lost their only child.</p>
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nothing from this case can really make up for the fact that his parents just lost their only child.
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<p>But putting these dirtbags in jail for 25-to-life could prevent them from taking away some other parents' child. And it could prevent other dirtbags from doing the same.</p>
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But putting these dirtbags in jail for 25-to-life could prevent them from taking away some other parents' child. And it could prevent other dirtbags from doing the same.
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As much as I wish that were true, I don't think any amount of "deterrence" would have prevented this 13-year-old from doing what he did, especially since he didn't foresee the eventual consequences. And I don't think it'll prevent the next angsty hormonal teenager from trying to prove his toughness either. All you get is a lifelong criminal who's done a lot of time, and is extremely prone to recidivism.</p>
<p>Eye for an eye leaves the whole world blind, and all that.</p>
<p>Denzera seems to have seen the Gandhi movie with his eye for an eye quote. I have an only child and right now I am furious and would want these "dirt bags" to do life just like columbia 2002 has said. </p>
<p>As to deterrence, very complicated, Singapore does it well but doubt it can be replicated in this country. Now I am sure the defense will bring in the psychologists with the tired old childhood psychodynamics or trauma argument to justify sociopathic behavior.</p>
<p>Me: But putting these dirtbags in jail for 25-to-life could prevent them from taking away some other parents' child.</p>
<p>Denz: As much as I wish that were true, I don't think any amount of "deterrence" would have prevented this 13-year-old from doing what he did, especially since he didn't foresee the eventual consequences.</p>
<p>Me: I agree with what you said, but that's not my point. Lynda seems to suggest that it doesn't matter how these dirtbags are sentenced because the victim is already dead. What I said is that, at a minimum, putting these dirtbags away for a long time prevents THEM from committing another violent crime. You don't even have to reach the whole deterrence/recidivism debate to accept that a lengthy sentence for these dirtbags can save someone else's child.</p>
<p>Agree with Columbia2002.</p>
<p>Oh my god. I seriously cried when I watched the clip on Minghui's murder on the Columbia Spectator. The poor parents hadn't even seen their son since he left China.</p>
<p>Apparently the murderer is very sorry. You can see links to other stories about this in the top right corner of the page. One of the stories says that he tried to fight the attackers off -- usually not a good idea, even if they are 13 years old.
<a href="http://www.nydailynews.com/news/ny_crime/2008/04/11/2008-04-11_i_tried_to_save_him_teen_thug_says_.html%5B/url%5D">http://www.nydailynews.com/news/ny_crime/2008/04/11/2008-04-11_i_tried_to_save_him_teen_thug_says_.html</a></p>
<p>Gotta love the Daily News; a "proper" paper edited Ivory-tower pinheads is too spineless to call suspects "thugs."</p>
<p>I think the judge's comments are totally improper and she should recuse herself.</p>
<p>columbia2002, can you send me the story? PM me please.</p>
<p>Here is a follow up analysis story about the murder, from the Columbia newspaper.</p>
<p>ok i hope i don't get accepted to Columbia</p>
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According to Columbia Law School professor Jeffrey Fagan, juvenile prosecution allows for greater rehabilitation than the adult correctional system and prevents the lifelong stigma of a permanent criminal record. Fagan said, “He’ll be in an environment where people will be at least nominally concerned with making sure he doesn’t screw up when he goes back out.”
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<p>Um, he should be prosecuted for 2nd degree murder and serve a life sentence. There shouldn't be any getting out.</p>
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Associate Vice President for Public Safety James McShane described standard security measures in a University-wide e-mail sent Sunday. Currently, public safety officers patrol campus and the surrounding area both on foot and by car, and are stationed at various posts.</p>
<p>“In recent months we have increased our foot patrols throughout the area, and as of this weekend, we have added an additional patrol vehicle to expand our presence further within Morningside Heights,” McShane wrote in the e-mail. He declined to comment further than his written statement.
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<p>Unless they have security guys standing on every street corner, this kind of thing is inevitable. It's a crime that happens in a matter of seconds and is totally unplanned. Nothing we can to, sadly.</p>
<p>Except go to a rural school. But you then you have a 100% chance of losing out on all a city has to offer, in exchange for escaping the whopping 0.001% probability of dying in the city</p>
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Um, he should be prosecuted for 2nd degree murder and serve a life sentence. There shouldn't be any getting out.
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<p>this is the problem with the way the justice system is viewed in the US. it's not supposed to punish people, it's supposed to rehabilitate them. The fact that so many people can take a hard-line stance to all crime and say that we should lock offenders up for life is ridiculous. Not only does this view help contribute to the overcrowding of prisons (and the associated monetary costs to taxpayers) but it does NOT act as a deterrent to crime. You have to agree that most crime is caused by socioeconomic factors...by actually rehabilitating people and releasing them back into their old neighborhoods, that would undoubtedly have an impact on the younger members of any given socioeconomic circle and would, in the long run, reduce crime.</p>
<p>//gets off soapbox</p>
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ok i hope i don't get accepted to Columbia
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<p>Ok, you should instead go to a school in the middle of nowhere and risk a higher chance of rape and death from alcohol overdose. Cuz, you know, losing your money is much worse than losing your virgnity and/or self-respect or your life.</p>
<p>Skray, I've actually read some interesting material on theories of punishment recently. Shoot me a PM and I'll pass on titles.</p>
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this is the problem with the way the justice system is viewed in the US. it's not supposed to punish people, it's supposed to rehabilitate them.
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<p>Who said what the criminal justice system is "supposed to" do? You, or state legislators who enact criminal laws and penalties?</p>