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> false report with the hope that it will provoke an armed response is effectively an attempt at homicide. that requires malice aforethought which must meet t
by pwaai 9y ago
> false report with the hope that it will provoke an armed response is effectively an attempt at homicide.
that requires malice aforethought which must meet the following criteria in some jurisdictions in US:
> Intent to kill
Just because they called SWAT doesn't show intent to kill. Hard to prove even if the accused has threatened to kill the gamer because calling SWAT is not like calling a hit squad.
> Intent to inflict grievous bodily harm short of death,
Reckless indifference to an unjustifiably high risk to human life (sometimes described as an "abandoned and malignant heart"), or
Intent to commit a dangerous felony (the "felony murder" doctrine).
So this is where the problem lies with your argument. The accused did not call or hire assassins which would suggest intent to kill. The accused could not physically hurt or threaten the life of the deceased by calling SWAT because that would mean its common knowledge SWAT are hired guns.
At best involuntary manslaughter makes sense. If there was a law in place before this event, specifically aimed at protecting people from getting SWATTED, then there's a small chance in escalating the charges.
I'm equally frustrated at the lack of laws and punishment to deter SWATing, but this is a side effect of the militrilization of local security apparatuses.
But like other tragedies in America, it will do little to deter the trend, as it is clearly divided on excessive force. Proponents will claim guns will keep the government in check....against a suite of surplus military hardware used to invade a few countries.
This is a systematic problem, charging one man will not fix the situation. Of course, after this case, people stupid enough to swat each other are going to find an increasingly less sympathetic jury. But it will happen and SWAT is not suddenly going to stop and ask if it's legit or not.
It's incredibly cowardly and shortsighted to traumatize using security apparatuses meant for true emergencies, over some ruffled egos, in a virtual, ephemeral electronic world.
- tptacek 9y agoNo. Kansas recognizes depraved-heart murder, which does not require a specific intent to kill, as 2nd degree murder. Sorry. If the prosecutors find with any certainty who called in this fake emergency, they are going to ruin that person's life, that person will deserve it, and the ruin will serve the public interest. Maybe they'll get manslaughter on a plea.
- pwaai 9y agoHere's an excerpt from a case in Kansas specifically mentioning depraved-heart murder. Important part in italics. > "Depraved heart second-degree murder requires a conscious disregard of the risk, sufficient under the circumstances, to manifest extreme indifference to the value of human life. Recklessness that can be assimilated to purpose or knowledge is treated as depraved heart second-degree murder, and less extreme recklessness is punished as manslaughter. Conviction of depraved heart second-degree murder requires PROOF that the defendant acted recklessly under circumstances manifesting extreme indifference to the value of human life. This language describes a kind of culpability that differs in degree but not in kind from the ordinary recklessness required for manslaughter." So yes, you still need to show proof beyond a reasonable doubt that this was a prank gone wrong. Unless the accused called assassins, it's going to be hard to argue intent.
- tptacek 9y agoSo, having begun your argument with the claim that only "involuntary manslaughter" would be available to prosecutors, because (not that I follow this logic) they'd be missing "malice aforethought", you've now become an expert on how Kansas evaluates gross recklessness?
- pwaai 9y agoI'm approaching this with no emotion and pre-judgement but based on facts. Let's take a look at what really happened: > According to the article, allegedly two Call of Duty players were threatening each other over a $2 bet. One call of duty member gives the other a fake address when the other threatens to SWAT him. Police go to the fake address and shoot somebody. Guy who got shot couldn't have possibly prevented the situation and is ironically the least at fault of anybody involved. There is no proof that the accused party intended to kill, in fact it was a random address that another third party had posted, and somebody decided to pull a prank that went horribly wrong. Involuntary manslaughter is the unlawful killing of a human being without malice aforethought. Of course I'm not a lawyer but I refrain from allowing emotions to taint the lens of truth. I've yet to see any constructive counter arguments from you, instead you've sidetracked the debate by attacking my character.