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Title: Really not sure how to feel here.... Post by: Svengoolie 3 on July 11, 2019, 04:38:05 PM Guys, i'm vexed. Honestly, the word "vexed" sums up my current state of mind here, and I'm not comfortable with it.
I really am in a state of total vacillation here. I'm totally stuck between two view points and can't seem to go to either one. Here's the story that has me so unable to decide how I feel. It's going to be a docufilm. https://www.cosmopolitan.com/entertainment/tv/a28365547/michelle-carter-guilty-sentence-jail/ (https://www.cosmopolitan.com/entertainment/tv/a28365547/michelle-carter-guilty-sentence-jail/) Honestly, should she be convicted of manslaughter for this? A part of me says yes and an equal part takes the opposite view. Does manslaughter really cover this? If she intended him to die it seems like murder would be the charge. Did they charge her with manslaughter because it felt like the "best fit" of existing laws to charge her under? Should there be a new law and criminal act to cover this? I really don't know. I mean obviously she's an evil b-tch and if there's a hell they've likely reserved her a place in it, but under mortal law can she be convicted of being a hateful evil b-tch? If this stands, how far can it go? I feel that I should have a view on this, I just can't decide what it should be. I'm.... vexed. Title: Re: Really not sure how to feel here.... Post by: Rev. Powell on July 11, 2019, 05:26:08 PM Not murder because he killed himself. She just encouraged him.
It's probably not manslaughter either. It's outrageous bad behavior that deserves punishment, but for which there is no existing criminal category. So yes, they probably charged her with manslaughter because it seemed like the best fit. A civil tort like "intentional infliction of severe emotional distress" by her family would probably be the best legal fit, but society is so outraged by this they want to stretch the criminal law to fit these circumstances. This is a tough case. There's a legal saying: tough cases make bad law. She deserves to be punished somehow but this could set a bad precedent. Title: Re: Really not sure how to feel here.... Post by: Svengoolie 3 on July 11, 2019, 05:31:54 PM Not murder because he killed himself. She just encouraged him. It's probably not manslaughter either. It's outrageous bad behavior that deserves punishment, but for which there is no existing criminal category. So yes, they probably charged her with manslaughter because it seemed like the best fit. A civil tort like "intentional outrageous infliction of emotional distress" by her family would probably be the best legal fit, but society is so outraged by this they want to stretch the criminal law to fit these circumstances. This is a tough case. There's a legal saying: tough cases make bad law. She deserves to be punished somehow but this could set a bad precedent. Sounds like you and I are on the same page, rev, even if neither of us knows what it is... Title: Re: Really not sure how to feel here.... Post by: Svengoolie 3 on July 12, 2019, 12:50:52 PM One reason I care abut this is because it could have a major effect on free speech.
Title: Re: Really not sure how to feel here.... Post by: BoyScoutKevin on July 14, 2019, 05:00:22 PM Well, this case just got a little bit tougher, as she is going to appeal her conviction and sentence to the U.S. Supreme Court, which is her right. The question is whether, the Court, once her appeal has worked its way up to that level, will agree to hear her appeal.
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