What's the difference?
What's the difference between an American doing a drive-by in southcentral LA and killing many many people with an American who tried (or assisted) with others to kill Americans on foreign soil?
A very good question...I am not a lawyer but I will give it a try.
Drive by
Usually have a specific person/group as the target and unfortunately whomever else gets in the way becomes the unintended target. But, once that initial target has been eliminated, that violence stops -- albeit usually temporarily. The person(s) who would be charged would be faced with manslaughter, murder in the first or whatever (naturally, depending on the evidence).
Walker Lindh
He's facing two counts of providing material support to a terrorist organization and one count of engaging in prohibited action with a terrorist group -- in addition to the conspiracy charge -- because he's aiding in a war against a nation (his group would love to see the end of America) and threatening the basis of the American way of life: freedom. Although it can be argued that both can threaten basic freedoms (to congregate, of speech, etc.) in this case the whole nation is threatened...so the ante is driven up.
Yes, you are right in that the two are linked to violence against the person, but there are different levels with very different degrees of potential severity.
Just my 2 cents.
Drive by
Usually have a specific person/group as the target and unfortunately whomever else gets in the way becomes the unintended target. But, once that initial target has been eliminated, that violence stops -- albeit usually temporarily. The person(s) who would be charged would be faced with manslaughter, murder in the first or whatever (naturally, depending on the evidence).
Walker Lindh
He's facing two counts of providing material support to a terrorist organization and one count of engaging in prohibited action with a terrorist group -- in addition to the conspiracy charge -- because he's aiding in a war against a nation (his group would love to see the end of America) and threatening the basis of the American way of life: freedom. Although it can be argued that both can threaten basic freedoms (to congregate, of speech, etc.) in this case the whole nation is threatened...so the ante is driven up.
Yes, you are right in that the two are linked to violence against the person, but there are different levels with very different degrees of potential severity.
Just my 2 cents.
Originally posted by mingster
nice!
thank you.
(just for argument's sake): so the ulterior motive of a murder can dictate the severity of the crime? a gangster who knows that shooting someone without permission from the US Government (or a License to Kill from Her Majesty) is illegal, and it threatens not only the freedom of the victim(s), but also their way of life and those around the victim should be considered differently than if the gangster was shooting someone with the help of a foreign national whose ulterior motive is to threaten the freedom of the victims and their way of life?
nice!
thank you.(just for argument's sake): so the ulterior motive of a murder can dictate the severity of the crime? a gangster who knows that shooting someone without permission from the US Government (or a License to Kill from Her Majesty) is illegal, and it threatens not only the freedom of the victim(s), but also their way of life and those around the victim should be considered differently than if the gangster was shooting someone with the help of a foreign national whose ulterior motive is to threaten the freedom of the victims and their way of life?
Second Degree Murder and Manslaughter definitions?
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