Missing Yale student found dead behind wall on day of her planned wedding.

Started by Syt, September 14, 2009, 11:53:49 AM

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Malthus

Quote from: The Minsky Moment on September 17, 2009, 10:53:55 AM
re the motive.

If theguy did it (and that is a quesiton that it seems likely the evidence will prove), then there was some reason why , but it really doesn't matter.  What matters is that he did it

I see no reason to elevate the victim into some paragon, but I am uncomfortable about speculating about the motive in such a way that reflects negatively on the victim's character without very good cause for doing so.  The dead can't speak in their own defense.

I don't see who is harmed by our speculations.  :huh:
The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane—Marcus Aurelius

Brazen


Drakken

Quote from: The Minsky Moment on September 17, 2009, 10:53:55 AM
re the motive.

If theguy did it (and that is a quesiton that it seems likely the evidence will prove), then there was some reason why , but it really doesn't matter.  What matters is that he did it

I see no reason to elevate the victim into some paragon, but I am uncomfortable about speculating about the motive in such a way that reflects negatively on the victim's character without very good cause for doing so.  The dead can't speak in their own defense.

I disagree.

The motive is paramount in murder cases, because it distinguishes between a crime of passion made in the moment and a premeditated, cold-blooded murder, and serves to explain and see the reasons the murderer was pushed to commit an homicide. And right now, we have no information that the douche had premeditated his crime before contacting her and going to the lab.

There is a huge difference between a controlling guy deciding to get rid of a woman he cannot have to teach her a lesson, and a man who committed voluntary manslaughter because the situation went suddenly haywire, the girl provoked him by telling him he had a small dick and that she can vouch personally that every guy in his class has it bigger than him (or something with the same effect in his warped psyche), and he snapped. The only thing that can determine where to classify it is the motive.

To me, the fact that he hid the body in the lab is rather irrelevant to judge his character or his motive. In fact, it is more telling of a crime of passion and post facto improvisation than anything.

Caliga

Yes, of course, and it's something the defense will no doubt use as an argument that he should not be convicted of first-degree murder.
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Drakken

Quote from: Caliga on September 17, 2009, 11:41:26 AM
Yes, of course, and it's something the defense will no doubt use as an argument that he should not be convicted of first-degree murder.

Especially that Connecticut has capital punishment, neh?

Caliga

Quote from: Drakken on September 17, 2009, 11:42:42 AM
Especially that Connecticut has capital punishment, neh?
Yes--the only New England state that actually executes people these days (though IIRC it's extremely rare).  I'd think if you were a defendant you'd still want a lesser conviction regardless, though.
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Malthus

Quote from: Brazen on September 17, 2009, 11:00:44 AM
Quote from: Malthus on September 17, 2009, 10:58:22 AM
I don't see who is harmed by our speculations.  :huh:
Like how necrophilia is a victimless crime :D

Necrophilia is wrong primarially because of the effect on the dead person's friends and relations, who are likely to take humping the dead person somewhat amiss.

As far as I know, none of the dead girl's friends and relations are languishistas, and so are most unlikely to be affected by us discussing the motive for the crime.  ;)
The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane—Marcus Aurelius

Caliga

It's also wrong cause the humper might get mold on his weiner.  :(
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Malthus

Quote from: Caliga on September 17, 2009, 11:41:26 AM
Yes, of course, and it's something the defense will no doubt use as an argument that he should not be convicted of first-degree murder.

Assuming that premeditation is the only marker for first-degree status applicable, I doubt this will qualify. As you pointed out, the stuffing the body behind the wall thing looks on its face like a desperate and doomed attempt to cover up a crime, which isn't generally compatible with premeditation.
The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane—Marcus Aurelius

Malthus

Quote from: Caliga on September 17, 2009, 12:06:08 PM
It's also wrong cause the humper might get mold on his weiner.  :(

I can sorta see how that could be analogous to posting on Languish.  :D
The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane—Marcus Aurelius

Caliga

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The Minsky Moment

Quote from: Drakken on September 17, 2009, 11:26:13 AM
I disagree.

The motive is paramount in murder cases, because it distinguishes between a crime of passion made in the moment and a premeditated, cold-blooded murder, and serves to explain and see the reasons the murderer was pushed to commit an homicide.

Not relevant.  There is no requirement for premeditation to be convicted of murder under the CT penal code.

It is also irrelevant for the purposes of the capital murder statute.  The only time motivation is relevant under the CT penal code is where it is murder for hire or if the murder occurs as part of a drug transaction where the motivation is pecuniary gain.  I think it is very unlikely that either of these two are in play here.

The one hook for a capital charge here is if it is a "murder committed in the course of the commission of sexual assault in the first degree".  However, once again, motivation is irrelevant, only the fact of whether the sexual assault occurred or not.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

The Minsky Moment

Quote from: Malthus on September 17, 2009, 12:04:56 PM
Necrophilia is wrong primarially because of the effect on the dead person's friends and relations, who are likely to take humping the dead person somewhat amiss.

As far as I know, none of the dead girl's friends and relations are languishistas, and so are most unlikely to be affected by us discussing the motive for the crime.  ;)

But they may be harmed by the general knowledge that their daughter/fiance/friends is being accused of loose conduct, so my preference is not to participate in such rumormongering.

At least until such point as the facts merit it.   :)
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

Drakken

Quote from: The Minsky Moment on September 17, 2009, 12:11:41 PM
Quote from: Drakken on September 17, 2009, 11:26:13 AM
I disagree.

The motive is paramount in murder cases, because it distinguishes between a crime of passion made in the moment and a premeditated, cold-blooded murder, and serves to explain and see the reasons the murderer was pushed to commit an homicide.

Not relevant.  There is no requirement for premeditation to be convicted of murder under the CT penal code.

It is also irrelevant for the purposes of the capital murder statute.  The only time motivation is relevant under the CT penal code is where it is murder for hire or if the murder occurs as part of a drug transaction where the motivation is pecuniary gain.  I think it is very unlikely that either of these two are in play here.

The one hook for a capital charge here is if it is a "murder committed in the course of the commission of sexual assault in the first degree".  However, once again, motivation is irrelevant, only the fact of whether the sexual assault occurred or not.

Ah yes, I forgot that in US States the legal definition of a capital murder differs often from premeditation or even motive, relying instead on the commission of certain additional crimes.

In Canada, except in some circumstances like killing a cop, the definition and penalty for murder depends on premeditation (25 to Life for first-degree murder, 10 to Life for second-degree, etc.)

Caliga

I knew that the murder laws varied from one state to the next, but I was under the impression that generally they followed this scheme:

first degree murder - premeditated murder
second degree murder - intentional, non-premeditated murder
third degree murder - accidental murder but with intent to harm (i.e. someone dies in a barfight from a freak lethal punch)

Apparently, from a quick review of the wiki article about that, this isn't the case in most states.  :huh:  It suggests, without laying out specifics in any states but PA and NY, that alot of states only consider a murder first-degree if it involves torture, only if it involves the killing of a federal official, policeman, judge, or other civil servant in the line of duty, and so forth.  I had no idea  :huh:
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