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> Murder is intentional killing ... No, that's not how murder is defined. Murder can include the result of a reckless indifference to the safety of others. ht
by lutusp 13y ago
> Murder is intentional killing ...
No, that's not how murder is defined. Murder can include the result of a reckless indifference to the safety of others.
http://legal-dictionary.thefreedictionary.com/murder http://legal-dictionary.thefreedictionary.com/murder
Quote: "The precise definition of murder varies from jurisdiction to jurisdiction. Under the Common Law, or law made by courts, murder was the unlawful killing of a human being with malice aforethought. The term malice aforethought did not necessarily mean that the killer planned or premeditated on the killing, or that he or she felt malice toward the victim. Generally, malice aforethought referred to a level of intent or recklessness that separated murder from other killings and warranted stiffer punishment."
I draw your attention to "to a level of intent or recklessness", evidence for which which the defendant provided to the prosecution by boasting about his speeding behavior online.
- lifeisstillgood 13y agoI see the point, but it seems like recklessness is a loophole you could swing corporate manslaughter to murder.
- dragonwriter 13y agoIts not a loophole, and I don't see making much death-resulting-from-corporate-malfeasance chargeable as murder as an undesirable effect.
- deleted 13y ago[deleted]
- tptacek 13y agoWould a reasonable person have foreseen the possibility that driving 80mph down a residential street might kill someone? Yes. It's easy to kill someone with a car even when driving the speed limit. Far easier when treating a residential street like a dragway. Did the person consciously choose to drive 80? Yes. The gas pedal didn't get stuck. They didn't have a micro-stroke or go into diabetic shock. We know that they consciously chose to drive unsafely because they bragged about it. Reasonably foreseeable outcome. Conscious, deliberate choice. Ergo: recklessness.
- Tomte 13y ago> Reasonably foreseeable outcome. In German law that's even intent. The weakest form of intent, and not always easy to distinguish from wanton negligence, but still.