2 minutes ago, capt14k said:

There are different levels of culpability in the free world. Punishment is supposed to be to rehabilitate. Someone who accidentally burned down a house needs the same rehabilitation as a serial killer? Cruel and Unusual Punishment would apply if accidents are punished the same as intentional.

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I read 2nd degree. 10 year sentence would be unlikely for 1st degree.

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Second degree murder in Minn. still includes intentionally killing, minus premeditation, they have a 3rd degree too. I don't really understand why you're trying to narrow this down to first degree seeing the variation is state laws, but i did include an example of 1st degree as well.

If all deaths are the same then let's execute everyone who has ever caused the death of another. Executives who didn't issue a recall in time hang them in town square. Fell asleep with a cigarette firing squad.

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Second degree murder in Minn. still includes intentionally killing, minus premeditation, they have a 3rd degree too. I don't really understand why you're trying to narrow this down to first degree seeing the variation is state laws, but i did include an example of 1st degree as well.

I would have to read through Minnesota laws. Also case was a plea bargain. First degree was comparing to NJ law. In all honesty this topic has bored me, execute everyone. Your kid provides pot to someone and they get in an accident and kill someone your kid and his friend hang from the gallows as well.

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6 minutes ago, capt14k said:

I would have to read through Minnesota laws. Also case was a plea bargain. First degree was comparing to NJ law. In all honesty this topic has bored me, execute everyone. Your kid provides pot to someone and they get in an accident and kill someone your kid and his friend hang from the gallows as well.

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As I have read and understand, since I found examples in that state, 1st 2nd and 3rd degree murder all fall under murder in NJ. They also have comparable manslaughter laws.

IF anything, Minnesota is a better example of a state that attempts to charge the intent more than the outcome. 

16 minutes ago, capt14k said:

If all deaths are the same then let's execute everyone who has ever caused the death of another.

 

Certainly would make people think twice about DWI, texting while driving, throwing a punch, leaving a kid alone in a hot car, reckless driving, hitting someone with a bat, etc..., wouldn't it?

You know, actually being personally responsible for your actions... a concept missing from quite a few people these days.

 

45 minutes ago, Sniper22 said:

Certainly would make people think twice about DWI, texting while driving, throwing a punch, leaving a kid alone in a hot car, reckless driving, hitting someone with a bat, etc..., wouldn't it?

You know, actually being personally responsible for your actions... a concept missing from quite a few people these days.

 

Yeah thats a great plan.   Hope you dont need a doctor anytime soon.  Because at 250,000 doctor error deaths a year, there wont be many left.

https://www.hopkinsmedicine.org/news/media/releases/study_suggests_medical_errors_now_third_leading_cause_of_death_in_the_us

53 minutes ago, PeteF said:

Yeah thats a great plan.   Hope you dont need a doctor anytime soon.  Because at 250,000 doctor error deaths a year, there wont be many left.

https://www.hopkinsmedicine.org/news/media/releases/study_suggests_medical_errors_now_third_leading_cause_of_death_in_the_us

Absolutely true, which is why I try and stay far away from doctors. You stand a better chance of dying using your Obamacare policy than getting shot by a AR15.

Why should doctors get a pass when they kill people? We're not talking about Dr. Kevorkian.

 

5 hours ago, Sniper22 said:

Why should doctors get a pass when they kill people? We're not talking about Dr. Kevorkian.

 

Mainly because most patients are dickheads who don't follow advice and get themselves into trouble.

55 minutes ago, Handyman said:

Mainly because most patients are dickheads who don't follow advice and get themselves into trouble.

How does that happen when the patient is under anesthesia on the OR table? What exact advice should he be following at that time?

 

22 hours ago, Sniper22 said:

How does that happen when the patient is under anesthesia on the OR table? What exact advice should he be following at that time?

 

Because he laughed at taking his blood pressure and sugar pills, ate shit food and sat on his fat ass for 40 years and then wonders why he needs coronary bypass, for example.

18 minutes ago, Handyman said:

Because he laughed at taking his blood pressure and sugar pills, ate shit food and sat on his fat ass for 40 years and then wonders why he needs coronary bypass, for example.

Well, it's s good thing that's only a small portion of the population.

Oops, like 3/4s of the population...

Good thing that gets the doctors off the hook, right?

 

7 hours ago, Sniper22 said:

Good thing that gets the doctors off the hook, right?

Certainly there are bad doctors. And good doctors, being human, make mistakes that can have serious consequences.

The sad fact remains that the vast majority of our society is irresponsible and irretrievably stupid. Most of the bad things that happen in most peoples' lives are brought on by their own action. 

I concur that "motive/intent" should play a role in deciding what charge the defendant should face. IIRC, NJ has three degrees of "Homicide"  -   "Criminally Negligent Homicide" ( {NJSA 2C 11-5} 3rd Degree Crime including Vehicular, etc.),   "Manslaughter" ( {2C 11-4} 2nd degree - but without pre-meditation), and "Murder" ( {2C 11-3} 1st Degree - with pre-meditation). For the crime mentioned in the OP (one punch knockout resulting in death), I would charge at least with "Manslaughter" (NJSA 2C 11-4), unless the confrontation evidence demonstrated sufficient "pre-meditation," at which point I'd charge with Murder (2C 11-3).

 

 

On ‎8‎/‎14‎/‎2018 at 5:44 PM, PeteF said:

Yeah thats a great plan.   Hope you dont need a doctor anytime soon.  Because at 250,000 doctor error deaths a year, there wont be many left.

https://www.hopkinsmedicine.org/news/media/releases/study_suggests_medical_errors_now_third_leading_cause_of_death_in_the_us

I reference that study all the time when I'm discussing gun control with non-gun owners and they bring up the "concerns" of some in the medical community. I mean, how ironic it is that some in the medical community, including the CDC, have had a history of being obsessed about gun injuries and deaths - "if it saves just one life!!" - and yet at the same time they conveniently ignore the deaths that they themselves cause through medical errors? I mean, hell, if Johns Hopkins hadn't studied this issue, we might not even know the extent of the problem, because the CDC doesn't even TRACK medical errors (despite the fact that they cause many times more deaths than gun suicides and gun crimes combined!)

It's just incredibly disingenuous if you ask me. If you were so concerned about saving lives, wouldn't you pay attention to the 3rd leading cause? Wouldn't you track it? study it? find ways to cut the number down? Medical errors DWARF gun deaths and they'll continue to do so... because doctors would rather not look at the issue.