amadeus
Bishop of Bio-Dome
I'd say if you've got six guys, there's a pretty damn good chance you could've killed the guy.
The Jena 6
- Thread starter Damnyankee
- Start date
Pasi Nurminen
Deity
I hope you realize you just made no sense.
Pasi Nurminen
Deity
The keyword here is attempt. If there was no attempt or intent to murder, attempted murder charges do not apply in any way. This is not up for discussion.
AL_DA_GREAT
amour absinthe révolution
He was jumped by 6 people, beat unconcious and was sevearly bruised.
I doubt they were trying to kill him, otherwise they would have used real weapons. Now, it is true that he could have easily died; but since they probably didn't realize or understand this, then I don't think attempted murder was the right charge. Now, if he had died they should have been charged with manslaughter of course.
amadeus
Bishop of Bio-Dome
Okay, if you've got six thugs beating on one victim, then there's a very good chance that the victim could die from injuries he suffered at the hands of the thugs.
Pasi Nurminen
Deity
That doesn't make it attempted murder!
Bugfatty300
Buddha Squirrel
There could have been intent. Considering the manner in which the beating took place. As I said before lots of people die this way from "harmless beatings."
Then why are you discussing it?
And I would say if you've got 6 guys and the victim wasn't even close to being killed, then you likely do not have a strong case for attempted murder.
FriendlyFire
Codex WMDicanious
I thougth the whole protest was that one of the "white" students whom had a good sport future something that is rare chance for a small town like jena was on probation for attacking another student then attacked some black student only to have been charges quashed. Then we have a situation where black student(s) attacking a white student facing murder charges.
The protest was over the different treament.
Personally if these guys are charged for attempted murder then the law should apply to everyone equally. Personally 6 vs 1 attack they deserve sentance for assault and bodly harm. As for the white student who was on probation for assualt then going and assualting another person he should face the same charge.
EDIT: Which imo would defuse the situation
The protest was over the different treament.
Personally if these guys are charged for attempted murder then the law should apply to everyone equally. Personally 6 vs 1 attack they deserve sentance for assault and bodly harm. As for the white student who was on probation for assualt then going and assualting another person he should face the same charge.
EDIT: Which imo would defuse the situation
Bugfatty300
Buddha Squirrel
How close the victim came to death shouldn't matter. Intent is the key factor.
LA R.S. 14:30.1
A. Second degree murder is the killing of a human being:
(1) When the offender has a specific intent to kill or to inflict great bodily harm; or....
Now did these kids did not know that kicking the crap out of someone could cause death or great bodily harm?
Bugfatty300
Buddha Squirrel
And I wish people would stop using "Jena 6"
These kids are not heroes. They're thugs. Truly a disgrace.
These kids are not heroes. They're thugs. Truly a disgrace.
FriendlyFire
Codex WMDicanious
scratch that wrong story.
better check wiki
Hmmm it looks like Bell was the one on prohabition for violence. Bell is the one with scholarship and problem with constant law run ins.
5 criminal convictions.
better check wiki
Hmmm it looks like Bell was the one on prohabition for violence. Bell is the one with scholarship and problem with constant law run ins.
5 criminal convictions.
Specific intent - The mental purpose to accomplish a specific act prohibited by law. The most common usage of "specific intent" is to designate a special mental element which is required above and beyond any mental state required with respect to the actus reus of the crime. Common law larceny, for example, requires the taking and carrying away of the property of another, and the defendant's mental state as to this act must be established, but in addition it must be shown that there was an "intent to steal" the property. Similarly, common law burglary requires a breaking and entry into the dwelling of another, but in addition to the mental state connected with these acts it must also be established that the defendant acted "with intent to commit a felony therein." The subjective desire or knowledge that the prohibited result will occur.
I think your question hits more on:
General Intent - In criminal law and tort law, a mental plan to do that which is forbidden by the law. Unlike offenses that require a specific intent, it is not necessary that the accused intend the precise harm or result. It is sufficient if the person meant to do the act that caused the harm or result. For example, battery is a general intent offense. If a defendant commits a battery that results in harm to the victim, it does not matter if the defendant did not intend the harm.
Since we are dealing a 6 on 1 situation where the 6 could have very easily have killed the 1 if that was their specific intent, the fact that the guy was up and around the next day instead of being the subject of an autopsy is pretty persuasive evidence that the specific intent needed to justify an attempted murder charge did not exist. I think the prosecutor would have a hard time proving the element of specific intent beyond a reasonable doubt, although an all-redneck jury would be helpful to him in such an endeavor.
MobBoss
Off-Topic Overlord
Sounds like he is a shoe in for the NFL. Does he enjoy dog-fighting?
CaptainF
The Professional Poster
Wouldn't that just be manslaughter?
Regardless, the fanatics at my university that are calling for the freedom of these six assailants need a CAT scan.
FriendlyFire
Codex WMDicanious
quick update:
