It would be manslaughter rather than murder. Murder requires the prosecution to prove intent while manslaughter has a lower barrier. Simple negligence leading to a death is manslaughter, for instance.
Depends. Particulars vary by state, but if such a claim was made then the court would likely order a psychological evaluation. In my state, if they determined that because of a mental illness he was not competent to stand trial or lacked capacity to appreciate the (legally) wrongful nature of his (alleged) actions at the time of the alleged crime, then either the charges might be dropped or he might be found Not Guilty by Reason of Insanity. In either case, that often (particularly for violent crimes) results in judicial commitment to a psychiatric hospital. Which can often result in a longer term of confinement than the prison sentence would have been.
Exactly, what the fuck is this weakass argument? Luigi is innocent and needs to be released ASAP on the simple fact that the police had two years to build a case against him yet there still has been no trial. It's clear that they have nothing on him; just let him out already so we can all move on with our lives! This is a gross abuse of the justice system. His right to a fair and speedy trial has already been violated several times.
8 Comments
nutbutter@discuss.tchncs.de · 14 pts · 67d
Wouldn't that mean that he DID kill him? Like accepting the crime?
FUCKING_CUNO@lemmy.dbzer0.com · 4 pts · 67d
I was wondering the same, how does that work with him pleading not guilty?
stoly@lemmy.world · 2 pts · 66d
It would be manslaughter rather than murder. Murder requires the prosecution to prove intent while manslaughter has a lower barrier. Simple negligence leading to a death is manslaughter, for instance.
Hazor@lemmy.world · 3 pts · 66d
Depends. Particulars vary by state, but if such a claim was made then the court would likely order a psychological evaluation. In my state, if they determined that because of a mental illness he was not competent to stand trial or lacked capacity to appreciate the (legally) wrongful nature of his (alleged) actions at the time of the alleged crime, then either the charges might be dropped or he might be found Not Guilty by Reason of Insanity. In either case, that often (particularly for violent crimes) results in judicial commitment to a psychiatric hospital. Which can often result in a longer term of confinement than the prison sentence would have been.
Psythik@lemmy.world · 2 pts · 35d
Exactly, what the fuck is this weakass argument? Luigi is innocent and needs to be released ASAP on the simple fact that the police had two years to build a case against him yet there still has been no trial. It's clear that they have nothing on him; just let him out already so we can all move on with our lives! This is a gross abuse of the justice system. His right to a fair and speedy trial has already been violated several times.
Jarix@lemmy.world · 7 pts · 66d
There's already a post today that the lawyers are withdrawing that claim and not proceeding with it. Btw
404found@lemmy.zip · 1 pts · 66d
I feel like this might be a move of desperation.
technocrit@lemmy.dbzer0.com · 1 pts · 62d
Completely unsurprising how the injustice system is based on false dichotomies and pseudo-science.